New Journals added to HeinOnline

Our subscription to HeinOnline just got even better. Eleven new journals have been added to their collection, including Canadian Tax Journal, published by the Canadian Tax Foundation. HeinOnline is available to members of the Law Society of Manitoba by signing in to the Members Portal and clicking on “Library Resources”.

As we continue to work remotely, being able to access a full library of legal journals wherever you have an internet connection is a valuable resource. Be sure to check out all of the content we provide for you, and don’t hesitate to contact us for help with legal research.

New Journal Update

Estates, Trusts & Pensions Journal, Vol. 39, No. 2 has just been released.


From the Law Reports:

Baryla v. Baryla: The Presumption of Advancement in the Family Law Context – Lauren Blake and Caitlin MacDonnell

From the Legislatures:

Disclosure of Trust Information to Beneficiaries under New Zealand’s Trusts Act 2019 – Claudia Shan and Simon Barber


Saskatchewan Introduces New Intestate Succession Legislation – Amanda S.A. Doucette

Common Intentions: The Standard of Review for Standard Form Wills – Tom Collins

Cross-Border Planning for Canadian Registered Retirement Plans – Elise M. Pulver, David J. Byun, Ryan M. Murphy and Amy P. Walters

Practitioners Beware: Equitable Remedies are Limited (But the Door has Not Closed) – Rami Pandher and Channing Brown

Taping Wills Instructions – John E.S. Poyser and Krista Clendenning

Lawyers who are members of the Law Society of Manitoba may request a copy of these articles by emailing

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

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
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