Rangefindr: Pre-Sentence Custody Credit Guide

Recent news reports from Ontario have highlighted the complicated practice of calculating credit for pre-sentence custody. Rangefindr has been a helpful resource for our members to suggest sentencing ranges and now Rangefindr has created a new guide to further assist calculating these sentences.

The rangefindr.ca “Guide to Credit for Pre-sentence Custody and Release” is now available behind the member portal.

Other free guides and tools are available at https://www.rangefindr.ca/eng/docs and https://mms.watch.

New ‘Criminal Law Series’ Online Platform

Our collection of Emond’s Criminal Law Series has moved to it’s new home on the digital VitalSource platform. These eBooks are still available through the Library Resources section of the Member’s Portal, but they have been improved with a new reader interface.

Simply log in to the portal and, in the library resources section, click on the Criminal Law Series image to get started.

When accessing the new platform, users may be greeted with a log in screen. Simply choose “Continue without an account” to gain access to the collection

Navigate over to the “Explore” tab to see the entire Emond’s Criminal Law Series. Click on a title and the “Open book” option to start reading. A helpful pop-up will appear to explain the icons and features available when reading.

Members can also register their own account to save bookmarks, annotations, and preferences, or download the app on desktop or mobile for offline reading.

Blog Round-Up September/October 2022

Collected blog posts from the Manitoba legal community during September and October 2022.

Brodsky Amy & Gould

Fillmore Riley

Matthew Gould Blog (Criminal Law)

MLT Aikins

Robson Crim Legal Blog

TDS law

New Books and Journals Update

This month’s new additions include updated editions to some of our digital books, as well as new journal issues and articles.

These titles are available in our online library resources section for Law Society Member’s
vLex has updated their Irwin Law collection with two updated titles.

Criminal Law 8th ed. by Kent Roach

“The eighth edition of Criminal Law has been thoroughly updated to include new developments. It includes a detailed discussion of R v Brown striking down restrictions on the extreme intoxication defence and the likely parliamentary reply, and Parliament’s reply in Bill C-28. It also examines changes in jury selection upheld in R v Chouhan; important decisions on fault, such as R v Zora, R v Javanmardi, R v Chung, and R v Goforth; and assesses R v Cowan on parties. The discussion of sexual assault has been updated to take into account R v Barton and the possible implications of R v Morrison. The Supreme Court’s first decision under the amended self-defence provisions in R v Khill is reviewed. This new edition also has been revised to include important decisions from the Ontario and Nova Scotia Courts of Appeal on sentencing Black offenders, as well as the Supreme Court’s striking down of mandatory minimum fine surcharges and stacking of twenty-five-year periods of parole ineligibility.” -publisher


International Law, Doctrine, Practice, and Theory 3rd ed. By Craig Forcese

“The book includes introductory materials on the nature, history, and theory of international law from an international relations, as well as a legal, perspective. Carefully selected and edited primary materials — including treaties, UN documents, and cases — take readers to the very sources of the rules and principles that comprise modern international law. Extensive and critical commentary on, and analysis of, these primary materials guide the reader to an understanding of the rules, their strengths and weaknesses, and their place in the international legal system. Descriptions of contemporary real-world situations provide concrete context to the discussion.

Remarkable for both its depth and breadth, International Law: Doctrine, Practice, and Theory sets the standard for the study of international law in Canada. It also constitutes an invaluable reference collection for practitioners, judges, and scholars working in this ever-increasingly important area of modern law.” – publisher


Emond’s Criminal Law Series has also been updated with a new edition.

Indigenous People and the Criminal Justice System, 2nd ed. by Jonathan Rudin

“The second edition contains a new chapter devoted to Fetal Alcohol Spectrum Disorder (FASD) and the experiences of FASD-affected individuals in the Canadian Criminal Justice system. It also includes a practical review of the 2019 Final Reports by the National Inquiry into Missing and Murdered Indigenous Women and Girls (MMIWG) and the Public Inquiry Commission on relations between Indigenous Peoples and certain public services in Québec: listening, reconciliation and progress. This bestseller also features expanded coverage of overrepresentation, sentencing, plea bargains, Gladue principles, and Charter challenges.” – publisher


Journals

New articles from the following journals are now available for Law Society members upon request. For a pdf copy of these or other legal journal articles email us at library@lawsociety.mb.ca. Click on the journal title to see full article titles.

Canadian Criminal Law Review vol. 26

  • “Scraping in Cyberspace: Police Entrapment in the Virtual World” 26 Can. Crim. L. Rev. 203 Mathew Zaia
  • “Defending the Castle: Search Incident to Arrest after R. v. Stairs” 26 Can. Crim. L. Rev. 227 Colton Fehr
  • “La Création D’un Tribunal Spécialisé en Matière de Violences Sexuelles et de Violence Conjugale au Québec: Vers une Meilleure Justice?” 26 Can. Crim. L. Rev. 269 Anne-Marie Boisvert
  • “Le Châtiment Corporel des Enfants: L’Article 43 C.cr. n’a Plus sa Place en Droit Canadien” 26 Can. Crim. L. Rev. 241 Maya-Chahinez Oultache

Canadian Family Law Quarterly vol. 41

  • “”Put Bluntly”, We Need to Contemplate Polyamory” 41 C.F.L.Q. 99 Kelsey Beazer; Elizabeth Cameron; Samantha Simpson
  • “Torts and Family Law: What’s New, What’s Old and How To Use” It 41 C.F.L.Q. 23 Mary Jo Maur
  • “Moving Towards a Post-Pandemic “New Normal”: Perspectives of Ontario Family Justice Professionals and Self-Represented Litigant” 41 C.F.L.Q. 1 Claire Houston; Rachel Birnbaum; Nicholas Bala
  • “A Look at Recent Developments in the Law of Contempt” 41 C.F.L.Q. 77 Katherine Cooligan; Brad Yaeger

Canadian Journal of Administrative Law and Practice vol. 35

  • “Case Comment: Law Society of Saskatchewan v. Abrametz.” Fredrick Schumann. 35 Can. J. Admin. L. & Prac. 385.
  • “Vavilov, Reasonableness Review and Logic.” Louis Guilbault. 35 Can. J. Admin. L. & Prac. 287.
  • “Citizenship Revocation in Canada: Dialogue or Defiance?” Ben Lerer, Alex Bogach. 35 Can. J. Admin. L. & Prac. 253.
  • “Jurisdiction and Access to Justice: An Analysis of Human Rights Tribunal of Ontario-Issued Notices of Intent to Dismiss.” Frank Nasca. 35 Can. J. Admin. L. 253.
  • “The Law Society of Ontario’s Duty to Accommodate Mental Disability: Toward a Distinct Regulatory Approach.” David LeMesurier. 35 Can. J. Admin. L. & Prac. 325.

Education and Law Journal vol. 31

  • “The Many Faces of Educational “Choice”: Student Autonomy, Parental Rights, and the “Choice in Education” Threat.” Ned Lecic, Marvin A. Zuker. 31 Educ. & L.J. 83.
  • “At the Intersection of Fairness and Rights: The Ombudsman’s Administrative Oversight of Education in Ontario.” Jean-Frédéric Hübusch. 31 Educ. & L.J. 139.
  • “Ontario’s Teacher-Certification Math Test Unconstitutional Due to Disproportionate Negative Effect on Racialized Candidates.” Max Halparin. 31 Educ. & L.J. 201.
  • “Quebec’s Laicity Act, Teacher, and Dress Codes in Canadian Case Law: Introspection before Legal Action.” Darryl Hunter, Paul Clarke. 31 Educ. & L.J. 169.
  • “Saskatchewan Court of Appeal Rules on Reassignment Grievance at Saskatchewan Polytechnic.” Simone Truemner-Caron. 31 Educ. & L.J. 209.
  • “Mandatory Vaccination in Toronto Schools.” Rebecca Meharchand. 31 Educ. & L.J. 2015.
  • “A Class Complaint Forces the Vancouver School Board to Respond to Charges of Systemic Anti-Black Racism.” Max Halparin. 31 Educ. & L.J. 223.

Intellectual Property Journal vol. 34

  • Book review – Law and Reputation: How the Legal System Shapes Behavior by Producing Information, Roy Shapira (Cambridge, U.K.: Cambridge University Press, 2020) 34 I.P.J. 227 Aviv Gaon

Journal of Parliamentary and Political Law vol. 16

  • “Notable Case Law Concerning Legislative Bodies and Their Members.” Melanie J. Mortensen. 16 J. Parliamentary & Pol. L. 753.
  • “Review of: Behind Closed Doors: The Law and Politics of Cabinet Secrecy by Yan Campagnolo (Vancouver: UBC Press, 2021).” Andrew Flavelle Martin. 16 J. Parliamentary & Pol. L. 771.
  • “How Political Law Enables Authoritarian Opportunity: The Transition to Federalism in Nepal.” Jena Karim. 16. J. Parliamentary & Pol. L. 663.
  • “Attorney General v. Latu, [2021] WSCA 6 (23 July 202) The Court of Appeal of Samoa Has Upheld Democracy, the Rule of Law and the Constitution, by Ending a 15-Week Political Impasse.” Gavin Murphy. 16 J. Parliamentary & Pol. L. 747.
  • “Review of: Laws of the Constitution Consolidated by Donald F. Bur (Edmonton: University of Alberta Press, 2020).” J.W.J. Bowden. 16 J. Parliamentary & Pol. 779.
  • “Law Society of Ontario v. Ghadmari 2021 ONLSTH 45, [2021] LSDD 64 [Ghamari].” Andrew Flavelle Martin. 16 J. Parliamentary & Pol. L. 735.
  • “What Would Aristotle Say?” Gregory Tardi. 16 J. Parliamentary & Pol. L. 591.
  • “Money, Pavement and PEP: Assessing Canada’s New Pre-Election Rules on Third Party Spending.” Dr. Cristine de Clercy, Valere Gaspard. 16 J. Parliamentary & Pol. L. 607.
  • “Can Inmates in Canada’s Penal Institutions Vote? A Transnational Perspective.” Anna Grundmark. 16 J. Parliamentary & Pol. L. 685.
  • “Votes for Women: An Indispensable Step Toward Equality.” Erin Curtis. 16 J. Parliamentary & Pol. L. 713.
  • “The Role of Attorney General and Minister of Justice; The Perspective of an Informed Citizen.” Dawn McKevitt. 16 J. Parliamentary & Pol. L. 703.
  • “Alert! On the Formation of a Democratic Government / Alerte! De la Formation D’un Gouvernement Démocratique.”  16 J. Parliamentary & Pol. L. 567.
  • “The Public Nature of Ministerial Tasks: Mandate Letters before the Supreme Court of Canada.” James L. Turk. 16 J. Parliamentary & Pol. L. 601.
  • ““Ukraine—Crucifixion”: The First-Ever Stationary Exhibition on the Ongoing Russian-Ukrainian War.” Dmytro Hainetdinov.
  • “Lé Fédéralisme Coopératif et les Administrations Publiques au Canada : Terminologies, Modalités, Métaphores.” Dave Guénette. 16 J. Parliamentary & Pol. L.

McGill Journal of Law and Health vol. 15

  • “The Best Interest of the Child and the Limits of Parental Autonomy to Refuse Vaccination” 15 McGill J. L. & Health 65 Alison Braley-Rattai
  • “A Roadmap for Change: International Strategies for Improving End-of-Life Care” 15 McGill J. L. & Health 119 Daphne Gilbert

University of Toronto Law Journal vol. 72

  • “Of Linchpins and Bedrock: Hope, Despair, and Pragmatism in Animal Law” 72 U. Toronto L.J. 468 Jessica Eisen
  • “Heritage Preservation Easements, Urban Property, and Heritage Law: Exploring Canadian Common Law and Civil Law Tools for Responding to International Cultural Preservation Frameworks for Cities” 72 U. Toronto L.J. 436 Sara Gwendolyn Ross
  • “The Death of Law? Computationally Personalized Norms and the Rule of Law” 72 U. Toronto L.J. 373 Timothy Endicott , Karen Yeung
  • “The Judicial Review of Legality”  72 U. Toronto L.J. 403 Natalie R Davidson , Leora Bilsky

CALL/ACBD Announces Short-list of Nominees for Legal Publishing Award

The Canadian Association of Law Libraries (CALL/ACBD)  has just announced a short-list of nominees for the 2022 Hugh Lawford Award for Excellence in Legal Publishing. The award honours Hugh Lawford (1913-2009), Professor of Law at Queen’s University and the founder of Quicklaw.

The award is given to a publisher (whether for-profit or not-for profit, corporate or non-corporate) that has demonstrated excellence by publishing a work, series, website, or electronic product that makes a significant contribution to legal research and scholarship.

This year’s nominees are:

CanLII for Civil Procedure and Practice in Ontario edited by Noel Semple.

“A comprehensive and free guide sophisticated enough for specialist litigators, but also straightforward and understandable for law office staff, self-represented litigants, and the general public.”

LexisNexis for The Encyclopedic Dictionary of Canadian Law by Kevin P. McGuinness

“The definitions provided in this text are taken predominantly from both Canadian jurisprudence and statutes and also include important terms from pertinent related fields such as economics, sociology, political science, forensic medicine, science and engineering, business and accounting, and many others.”

Emond for Modern Criminal Evidence, Brian H. Greenspan and Vincenzo Rondinelli, General Editors.

“A truly practical and comprehensive guide to criminal evidence law in Canada that guides readers through evidentiary issues in all components of criminal law, providing insight from Crown, defence, and judicial perspectives.”LexisNexis for The Encyclopedic Dictionary of Canadian Law by Kevin P. McGuinness.

The Manitoba Law Library has print copies of both Modern Criminal Evidence and The Encyclopedic Dictionary of Canadian Law

Our members also have access to Modern Criminal Evidence through our subscription to Emond’s Criminal Law series which can be accessed behind the Law Society Member Portal

We would love to see a Manitoba guide to civil litigation and procedure published in collaboration with CanLII. On our wish list! 

Winners will be announced at this year’s CALL/ACBD virtual conference May 31 – June 3, 2022

Congratulations and good luck to all of the nominees! 

 

Digital Book Display – Evidence

One of the strengths of the Manitoba Law Library is our range of texts on evidence. We have titles specific to criminal law and family law, digital evidence, expert evidence, and section 24(2) of the Charter.

To help you browse, we’ve compiled some of our most recent print and online titles into this virtual book display.


How to use this display

Click on the image of a title you’re interested in to view the catalog listing (includes the abstract and subject headings).

Our library catalog allows you to create a reading list and keep track of titles. Click “select” at the bottom left of the book’s catalog record. You can add as many titles as you like to your list and email or print it for future reference.

We hope you enjoy this digital book display!


Print

The following print titles are available:


The following titles are available in print as well as online in Emond’s Criminal Law Series available through the Law Society Member Portal:

Digital Evidence, 2nd ed.
Digital Evidence:
a practitioner’s handbook

Online

The following titles are available on vLex through the Law Society Member Portal:

Expert Evidence in Criminal Law: the scientific approach
The Law of Evidence, 8th ed.

Journals

We also subscribe to journals that exclusively cover the topic of evidence. These journal titles from HeinOnline Law Journal Library are available behind the Law Society Member Portal:

  • Digital Evidence and Electronic Signature Law Review – vols. 1-18 (2004-2021)
  • International Commentary on Evidence – vols. 1-14 (1998-2016) are available in full text
  • International Journal of Evidence & Proof – vols. 1-22  (1996-2018) are available in full text

The library will be closed on Monday, May 20th for Victoria Day