[Guest author Sarah Sutherland. Cross-posted from The CanLII Blog.]
Over 9,500 decisions from the Manitoba Reports have been added to CanLII!
CanLII is grateful to have received a grant from the Manitoba Law Foundation to add decisions from the first and second series of the Manitoba Reports to CanLII.org.
For the last year we have been doing research into what gaps there are in legal research for jurisdictions across Canada. In Manitoba we discovered that there was a gap in access to historical caselaw for the province. Following this we applied for a grant to help fill that gap.
We have added around 4,500 decisions from the first series and 5,000 from the second series of the Manitoba Reports. You can find them on CanLII using this search query.
Thank you to Karen Dyck, Erin Wilcott, and the staff at the Manitoba Law Foundation for making this grant possible, and Karen Sawatzky at the Manitoba Law Library for helping us identify local needs.
This week’s decision comes from Nova Scotia. I found there were two very interesting facets to it that warranted bringing to the attention of members in Manitoba.
R. v. Hoyeck, 2019 NSSC 7 concerns an employer who was charged with failing to take reasonable steps to prevent bodily harm to an employee. The trial began before a judge and jury, but after two days, the jury was dismissed. After jury selection, one of the jurors sent a note to the judge about investigation into his LinkedIn account by the Crown (para. 3). As noted in this article by Norm Keith at Fasken:
The jury was discharged after one of the prosecutors, Mr. Keaveny was the subject of controversy about his use of social media to investigate prospective jurors.
Nova Scotia Employer Acquitted in Westray Bill Prosecution
The benefit of this development is there is now additional case law on the subject of the responsibility of an employer in the death of an employee. There is a very high standard of proof required to convict an employer of Occupational Health and Safety criminal negligence. In this instance, the employee was a licensed Red Seal Mechanic and more qualified in his work than the owner. Although Chipman, J. was critical of the employer in his workplace practices:
… Based on all of the evidence it is impossible for me to conclude beyond a reasonable doubt that Mr. Hoyeck did anything or omitted to do anything (that was his duty to do or not do) such that he is guilty of criminal negligence causing death. …
Table of Cases for Canadian Native Law Reporter, Volumes [2018] 1 – [2018] 4
Index to Subject Matter for Canadian Native Law Reporter, Volumes [2018] 1 – [2018] 4
Statutes, Regulations, Rules of Court, First Nation Legislation, Agreements and International Materials Cited in Canadian Native Law Reporter, Volumes [2018] 1 – [2018] 4
Effective April 1, 2019, the library is adding an additional resource to our HeinOnline collection. In addition to the Canada Core Library, we have added the American Law Institute Library.
The American Law Institute is the leading independent organization in the United States producing scholarly work to clarify, modernize, and otherwise improve the law.
The Manitoba Law Library would like to acknowledge with gratitude that we are situated on Treaty One Territory, the traditional lands of the Anishinaabe, Cree and Dakota peoples, and the homeland of the Métis Nation.
Printing and Photocopying
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