Journal Updates

New issues of the following journals are now available through WestlawNext Canada and Lexis Advance Quicklaw.
For members of the Law Society of Manitoba, if you would like to read any of these articles, or if you are interested in any other publications we offer, please contact us for assistance at library@lawsociety.mb.ca.

From WestLawNext Canada:

Canadian Journal of Administrative Law and Practice, Vol. 33

  • Waiting for Godot: Canadian Administrative Law in 2019
  • Undoing Doré: Judicial Resistance in Canadian Appellate Courts
  • Delegated Legislation and the Charter
  • The Quebec Reference and Vavilov–Statutory Rights of Appeal and the Core of Superior Court Jurisdiction

Canadian Journal of Family Law, Vol. 32

  • All Families Are Equal, but Do Some Matter More than Others? How Gender, Poverty, and Domestic Violence Put Quebec’s Family Law Reform to the Test
  • Introduction to the Special Issue: Shifting Normativities
  • Intent to Parent Is What Makes a Parent? A Comparative Analysis of the Role of Intent in Multi Parenthood Recognition
  • Autonomous Motherhood in the Era of Donor Linking: New Challenges and Constraints?
  • Relationally Speaking: The Implications of Treating Embryos as Property in a Canadian Context
  • Faire Valoir ses Droits à la Chambre de la Jeunesse: État des Lieux des Barrières Structurelles à L’Accès à la Justice des Familles

Canadian Journal of Law and Jurisprudence, Vol. 33

  • Describing Law
  • Equity and Homelessness
  • The Proportionality Puzzle in Contract Law: A Challenge for Private Law Theory?
  • Hobbes’s Third Jurisprudence: Legal Pragmatism and the Dualist Menace
  • Seek the Good: Professional Trust, Justice, and the Rule of Law
  • Deciding, ‘What Happened?’ when We Don’t Really Know: Finding Theoretical Grounding for Legitimate Judicial Fact-Finding
  • Eichmann’s Mistake: The Problem of Thoughtlessness in International Criminal Law
  • Reasonable Accommodation for Age
  • Materially Identical to Mistaken Payment
  • Tax Uniformity as a Requirement of Justice

Criminal Law Quarterly, Vol. 67

  • Gladue Sentencing and Wrongful Convictions
  • When One Innocent Suffers: Phillip James Tallio and Wrongful Convictions of Indigenous Youth
  • Negative Retributivism: A Response to R. v. Ipeelee’s Innovative Call
  • Plan B for Implementing Gladue: The Need to Apply Background Factors to the Punitive
  • Sentencing Purposes
  • ‘Shedding Light’ on Gladue and Section 718.2(e)
  • The Connie Oakes Tragedy: The Same Mistakes and Still No Apology
  • Ipeelee in the Courts of Appeal: Some Progress but Much Work Remains

Journal of Parliamentary and Political Law

  • Review of: Vernon Bogdanor Beyond Brexit: Towards a British Constitution (2019 I.B. Tauris, London)
  • Enhancing Canada’s Democracy without Electoral Reform
  • A Novel and Necessary Remedy
  • Hey Court, It’s Me, the Legislature, Speaking– Can You Hear Me?: Towards a True Dialogue between Courts and Legislatures
  • Review of: Patrick Malcolmson, Richard Myers, Gerald Baier, and Thomas M.J. Bateman the Canadian Regime: An Introduction to Parliamentary Government in Canada 6th Edition (Toronto: University of Toronto Press, 2016)
  • Reforming the Federal Electoral System in Canada: The Road to Unilateral Amendment
  • Parliamentary Law and a French Version of the Constitution Act, 1867
  • Including Emerging Litigation Comprenant Les Litiges en Voie de Développement
  • Is Democracy Dying? Keynote Address: First Amendment Days, 2018
  • Extradition–What Kind of a Word is That?
  • Review of: Adam Dodek the Charter Debates: The Special Joint Committee on the Constitution, 1980-1981, and the Making of the Canadian Charter of Rights and Freedoms (Toronto: University of Toronto Press, 2018)
  • Outcries from the Media Regarding the Vice Media Supreme Court Decision: When Journalists Cry Wolf
  • La Représentation du Québec à la Chambre des Communes: le Dilemme de Demain

University of Toronto Law Journal

  • Introduction: Criminal Law Theory
  • Criminal Punishment and the Right to Rule
  • Civil Order, Criminal Justice, and ‘No Justice No Peace’
  • Civil Order, Markets, and the Intelligibility of the Criminal Law
  • The Constitution of Criminal Law
  • Criminal Law and the Constitution of Civil Order
  • A Democratic Theory of Punishment: The Trop Principle
  • Criminal Law as Public Ordering
  • Criminal Justice and the Liberal Good of ‘Order’

From Lexis Advance Quicklaw:

Queen’s Law Journal, (2019) 45:1

  • Provincial Jurisdiction over Abortion
  • The Daily Work of Fitting in as a Marginalized Lawyer
  • International Comity and The Construction of The Charter’s Limits: Hape Revisited
  • Regulation and Inequality at Work: Isolation and Inequality Beyond the Regulation of Labour The Contested Grounds of Economic Order
  • Transfer by Contract at Common Law and in Equity

Commentary on CanLII

There are now 10,000 pieces of legal commentary on CanLII, in the form of books, journals, reports, conference proceedings, case commentary and more.

Commentary on CanLII’s platform is searchable alongside our primary law collection, also openly accessible, to facilitate improved access and discoverability of existing secondary content published around the web.

CanLII Blog

This is an amazing achievement, thanks to the contributions of CanLII’s many partners. Congratulations to all for putting it together and supporting open access to the law.

Manitoba Law Blogs Roundup

A bi-monthly round-up of blog posts from the Manitoba legal community for the months of January and February 2020

Clarke Immigration Law

Success: Residency Obligation Appeal, February 20, 2020
Refugee Law & Climate Change, February 14, 2020
Success: Regaining Status, February 10, 2020
Success Stories, January 29, 2020
Poem for 2020, January 9, 2020
Lessons From 2019, December 30, 2019
Sponsor Parents – 2020, December 9, 2019
RNIP – Manitoba, December 9, 2019

Robson Crim Legal Blog

R. v. K.G.K, or Rather, K.G.K v. The Canadian Judiciary ,by J Mayan Jan 7
R. v. Javanmardi, 2019 SCC 54 (CanLII), by B Parks Jan 10
Section 8 of the Charter, Our Privacy and Our Devices, by Blairder L.E. Yankovitch Jan 21
Poisoned by Prejudice: Sexual history as inadmissible evidence in R. v. Goldfinch, by J Pelland
Jan22
The Potentiality for Infringing on s 12 Charter Rights by Imposing Mandatory Minimum Sentences, by A Ennis 
Jan 29
Causation and Group Assault,by M Markaj Jan 31
The Charter: A Missing Element, by GS LeBeau Feb 4
A Win for Personal Liberty, by D Kingdon Feb 6
Charter Right to a Speedy Trial in Youth Cases – R. v. K.J.M. (2019), by C Scofield Feb 6
An Analysis of R v Jovel 2019 MBCA 116, by Benderez Moon Feb 11
R. v. K.J.M.: The Jordan framework for delay and the youth criminal justice system, by D Reid Feb 11
Denis v Côté: Balancing Journalism and Justice, by P Gutowski Feb 18

Matthew Gould Blog (criminal Law)       

What is Blood Alcohol Concentration? February 13, 2020
What You Need To Know About DUI Charges In Canada January 16, 2020

Pitblado Law Blog

Pre-incorporation contracts: a trap for the unwary January 29, 2020

Taylor McCaffrey

Sexual Orientation and the Road to Equality, by Jeff Palamar February 13
‘Tis the Sneezin’ – Does the Seasonal Flu Give Rise to the Right to Refuse Work? by Jamie Alyce Jurczak            February 13

Latest Law Journal Issues

New issues of the following journals are now available through WestlawNext Canada. If you would like to read any of these articles, or if you are interested in any other publications we offer, please contact us for assistance at library@lawsociety.mb.ca.

University of Toronto Law Journal, Winter 2020

  • Unity in the Eye of the Beholder? Reasons for Decision in Theory and Practice in the Ontario Works Program, Jennifer Raso
  • Corrective Justice, Coherence, and Kantian Right, Andrew Fell
  • Nothing to Hide, but Something to Lose, Ignacio N Cofone
  • Alan Brudner, The Owl and the Rooster: Hegel’s Transformative Political Science (Cambridge, UK: Cambridge University Press, 2017), Thom Brooks, Durham Law School

Education & Law Journal, January 2020

  • Religion in Canadian Public Schools: Constitutionalized Anomalies, Diana Ginn, Javier García Oliva, Edward R. Lewis
  • Educator Malpractice: A Tort Whose Time Has Come?, David C. Young
  • Classroom Assessment, Court Cases, and Parental Demands from a Political Systems Perspective: It’s Black Outside the Box, Darryl Hunter, Paul Clarke
  • Graduate Students and Striking Employees: Two Roles, One Disciplinary Process, Emily Finnie
  • No Harm, No Foul in Sex Education: Can Statutory Protections Insulate Actors from Liability?, Lisa Bush
  • Reconciling Judicial Review, Parmbir Gill
  • Courts Miss an Opportunity to Rule on the Privacy Rights of Students Who Join Gay–Straight Alliances, Emily Lewsen

Intellectual Property Journal, December, 2019

  • From Start-Up to Scale-Up Innovation, Giuseppina (Pina) D’Agostino
  • Conflicted Regulation, the Public Interest and Canadian Patent Agency– Patent Agent Regulation at a Crossroads (Part I), Wissam Aoun
  • Having Enough: From Sufficiency to Non-Domination in International IP Law, Dr. Johan Rochel
  • Is the Sky Falling for the Canadian Artificial Intelligence Industry? A Case Study on the Impact of Canadian Copyright Law Reform on the Commercialization of Legal Technology Using Artificial Intelligence Technologies, Cameron McMaster

Canadian Journal of Law and Technology, December, 2019

  • Hiring Algorithms in the Canadian Private Sector: Examining the Promise of Greater Workplace Equality, Connor Bildfell
  • Technology, the Changing Nature of Disputes, and the Future of Equitable Principles in Canadian Contract Law, Conrad Flaczyk
  • Subverting Democracy to Save Democracy: Canada’s Extra-Constitutional Approaches to Battling “Fake News”, Michael Karanicolas
  • Flying under the Radar: Two Decades of DNA Testing at IRCC, Ida Ngueng Feze, Gabriel Marrocco, Miriam Pinkesz, Jacqueline Lacey, Yann Joly
  • Privacy Law Issues in Public Blockchains: An Analysis of Blockchain, PIPEDA, the GDPR, and Proposals for Compliance, Noah Walters
  • Developing a Privacy Code of Practice for Connected and Automated Vehicles,  Rajen Akalu
  • Ethical Hacking by Alana Maurushat (Ottawa: University of Ottawa Press, 2019), Laura Ellyson

 Journal of Environmental Law and Practice, December, 2019 

  • Funding Environmental Projects with Regulatory Prosecutions: Transparency and Accountability in Creative Environmental Sentencing, Shaun Fluker, Janice Paskey, Fiona L. Balaton
  • The Prairie Resilience: Myth or Reality?, Adebayo Majekolagbe
  • Canadian Public Trust Doctrine at Common Law: Requirements and Effectiveness, Vladislav Mukhomedzyanov

New Library Resources

The library has added the following books to its print collection and are now available for loan:

Impaired Driving in Canada The Charter Cases, by Justice Joseph F. Kenkel – 4th ed. KF 2231 .K463 2019
This book offers an examination of relevant Charter issues and cases, touching on everything from roadside investigation, right to counsel and testing at the station/hospital, through to disclosure, trial preparation and Charter procedure at trial. It also includes a chapter on the legal framework for constitutional challenges to the Bill C-46 legislation.

 Canadian Contract Law, by Angela Swan, Jakub Adamski, Annie Y. Na – 4th ed. KF 801 .S93 2018
Provides access to leading Canadian contract cases. Expert commentary and analysis focuses on recent developments in the law and on how courts have treated and interpreted contracts as a whole.

 Taxation of Business Organizations in Canada, by David G. Duff, Geoffrey Loomer – 2nd ed.
KF 6499 .ZA2 .D83 2019
Covering topics from partnership taxation and corporate income taxation, to the taxation of corporate distributions and shareholder benefits and loans, as well as corporate reorganizations, this book is the go-to resource for the most up-to-date case law, commentary and analysis.

Non-Citizens in Canada Status and Rights, by Emily Carasco – 2nd ed. KF 4483 .I5 C37 2019
This timely immigration law guidebook addresses an important legal topic – the legal status of non-citizens in Canada. For the first time, an entire text has been devoted to this increasingly significant area within immigration law and policy.

 Torts A Guide for the Perplexed, By G.H.L. Fridman KF 1250 .F853 2017
In this book, Fridman presents an informative background to the law of torts so it can be better understood and appreciated by those who may find themselves somewhat confused as to its true nature and scope.

 The Law of Product Warnings and Recalls in Canada, by Douglas Harrison, Alex Colangelo – 2nd ed. KF 3945 .H37 2019
This book will help any Canadian company that manufactures and/or sells a product to understand relevant recall and warning laws, and to employ best practices and risk management strategies to avoid product liability.

The Law of Search & Seizure in Canada, by James A. Fontana, David Keeshan – 1th ed.
KF9630 .F6 2019
Much cited by Canadian courts at all levels, this seminal volume clearly lays out the intricate legal framework that governs the issuance, execution and review of search warrants, and the rules limiting warrantless activities by state agents.

Law is a Buyer’s Market: Building a Client-First Law Firm, by Jordan Furlong
KF 315 .F87 2017
When clients change their purchasing patterns, law firms need to change their approach. Law Is A Buyer’s Market will help you adapt to the new legal market and lead your firm into the future of law.

Newly added on desLibris and accessible online through the Law Society Member’s Portal:

The Law of Bailment by Robert Tanha
Child Support Guidelines in Canada, 2020
The Death of a Butterfly : Mental Health Court Diaries
Researching Legislative Intent : A Practical Guide by Susan Barker and Erica Anderson

Estates Trusts & Pensions Journal

The latest edition of Estates Trusts & Pensions Journal has arrived and is now available for loan.

The current issue, Volume 39 Number 1, includes:

From the Law Reports
Hope and False Promises Invalidating Wills, by John E. S. Poyser and Krista Clendenning

Barford v. Street: Understanding and Applying the Rule to Collapse a Trust, by Charles Wagner and David Elmaleh

Gully v. Gully: A Cautionary Tale, by Aubrie U. Girou

Articles
Missing Participants: Various Approaches But No One Solution, by Andrea Boctor, Bas Dieleman, Kobus Hanekom, and Kevin L. Walsh

After the Will signing: “Alterations” to Valid Wills, by Alison Minard

If you would like a copy of any of these articles, please email library@lawsociety.mb.ca and we would be happy to provide them, subject to copyright regulations.