New Display: The Legalization of Cannabis in Canada

With the official legalization of cannabis across Canada on October 17, 2018 we decided to compile some resources to help you and your clients navigate the new and important changes to the Provincial and Federal Legislation.

Manitoba Resources                        

Legislation Changes*

The Cannabis Harm Prevention Act (Various Acts Amended) S.M. 2017, c. 22

The Child Sexual Exploitation and Human Trafficking Act C.C.S.M. c. C94

The Drivers and Vehicles Act C.C.S.M. c. D104

The Highway Traffic Act C.C.S.M. c. H60

The Mental Health Act C.C.S.M. c. M110

The Smoking and Vapour Products Control Act, C.C.S.M. c. S150

The Off-Road Vehicles Act C.C.S.M. c. O31

The Public Schools Act C.C.S.M. c. P250

Web Resources

Cannabis in Manitoba

Manitoba Laws

Federal Resources

Legislation Changes*

The Cannabis Act

Criminal Code

Controlled Drugs and Substances Act

Web Resources

Cannabis Laws and Regulations

Frequently Asked Questions: Drug-Impaired Driving Laws

Cannabis in Canada: Get the Facts

Text

Wigmore on Cannabis by James G. Wigmore (Available to Members of the Law Society of Manitoba on desLibris behind the Member’s Portal.)

*This is a small list of recent legislation changes that have changed with the legalization of Cannabis in Canada. This is not a complete list of legislation changes and is current to October 17, 2018.

Accessibility in Sentencing

As I’ve mentioned before, I read “What’s hot on CanLII” every week to find out what decisions a significant number of viewers found interesting. Sometimes, I make surreptitious finds that I like to share with you.

This week, the number 2 case was R. v. Morris, 2018 ONSC 5186. What was so significant about this case? It was written reasons for sentencing, provided by Nakatsuru, J. The importance of the decision is the language and the writing. Justice Nakatsuru wrote as if he was speaking directly to the offender. He used short sentences, plain English, and he explained every detail of how he came up with his decision and why he chose to accept some evidence even though the Crown objected.

This is not the first time Justice Nakatsuru has written in this manner. In R. v. Armitage, 2015 ONCJ 64, a decision of the Gladue court in Toronto, he also wrote directly to the offender.

I find this approach incredibly heartening. To me, it shows that justice is listening to offenders and not only taking into account their background, but explaining it to them so they can understand. In a law library like we have, we’re surrounded by works that require significant literacy skills to understand. Thank you to J. Nakatsuru for considering his audience while writing his decision.

Law in the Library

Law in the Library is a free program offered by the Winnipeg Public Library in conjunction with the Community Legal Education Association. This program offers free sessions on various areas of law, presented by professionals.

Registration through the Winnipeg Public Library is required.

The upcoming sessions are:

Small Business and the Law

Thursday, September 13: 6:30- 8 pm.  Register

ABCs of First-Time Home Buying

Tuesday, October 2: 6:30-8 pm.  Register

Wills

Monday, October 15: 6:30 – 8pm.  Register

Criminal Law: What are Your Rights?

Tuesday, October 30: 12 – 1 pm.  Register

Healthcare Directives and Powers of Attorney

Thursday, November 1: 6:30-8 pm. Register

How to Start a Business

Monday, November 5: 5:30-7:30 pm. Register

 

Manitoba eLaw – New Edition – Criminal Law

The August 2018 edition, Update No. 87, has just been released.

In This Issue

  • Solicitor Client Privilege Not a Sword to Pierce Informer Privilege: SCC
  • Sentencing a Highly Individualized Process: SCC
  • CSC Must Ensure Appropriateness of Indigenous Offender
  • Policies and Programming: SCC
  • On-Duty Theft Conviction and Sentence Divides Appeal Court: MBCA
  • Allegations of Judicial Bias Should Not be Made Lightly: MBCA
  • Absence of Aggravating Factors Not Mitigating: MBCA
  • Trafficking Conviction Stands Despite Unlawful Search: MBCA
  • Sextortion a Form of Sexual Violence: MBCA
  • Other Court of Appeal Decisions
  • Queen’s Bench Decisions
  • Legislative Update
  • Court Notices
  • Recommended Reading
  • Fall CPD

Distracted Driving and Disabling Technology

A recent decision from the British Columbia Provincial Court acquitted a driver of using a cellphone while driving. Vancouver Island police were conducting a cellphone and seatbelt safety campaign when they charged a driver with using a cellphone while driving. The driver had been informed by his employer that his cellphone had been equipped with software that disabled it from functioning when it was in a vehicle in motion. At the time he was charged, he had moved it from the passenger seat beside him to the dashboard.

The judge considered the term “use” in both the Motor Vehicles Act and the Use of Electronic Devices While Driving Regulation. Every jurisdiction has its own distracted driving law, so the facts of this case may not be applicable elsewhere.

R. v. Tannhauser, 2018 BCPC 183

h/t What’s hot on CanLII this week.

 

New Book Display: New & Featured Books

We’ve recently added new titles to our collection!

New to our library are titles from Emond’s Criminal Law Series. The series was awarded the 2018 Hugh Lawford Award for excellence in legal publishing.  

New titles are:

If you’re looking to take out any of these books, please see a staff member. (48 hour loan period)

The library will be closed on Good Friday, March 29.
The courthouse will be closed on Monday, April 1 but the library will be open for remote requests.