by George Roy | May 11, 2020 | Current Awareness, Journals
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.
Journal of the Canadian College of Construction Lawyers 2020
- Black Spot or Big Chill: Consequences of J. Cote v. Burnaby
- How Ontario’s Limitations Act Preserves Construction Project Claims
- Municipal Power to Discriminate: The Impact of Shell Canada Products v. Vancouver (City) on Public Procurement
- One Person, Two Hats–The Dilemma of the Design Professional
- Consolidation of Adjudications under Ontario’s New Construction Act (The “Act”)
- Canadian Construction Law Reform: A Survey of Recent Developments in Builders Liens, Prompt Payment, Interim Adjudication and Mandatory Construction Bonding
Canadian Family Law Quarterly 2020 Volume 39
- The Cost of Shared Parenting: An Analysis of Section 9 from 2016 to 2017
- Bill C-78: The 2020 Reforms to the Parenting Provisions of Canada’s Divorce Act
- Virtual Parent-Child Contact Post-Separation: Hearing from Multiple Perspectives on the Risks and Rewards
- Case Comment: Undermining Children’s Rights in A.M. v. C.H.
Criminal Law Quarterly 2020 Volume 86 no. 1
- Good Judgment: Three Case Studies
- Compassionate Adjudication
- Why a New Approach to Privacy Rights and Section 8 of the Chapter Is Required in the Cyber Age and What It Could Look Like
- Taking the Cryptic out of Cryptocurrency Investigations
- The Knowledge and Beliefs of Jurors and Non-Jurors Concerning the Fallibility of Memory: Is this Information Common Knowledge?
Saskatchewan Law Review Volume 82 (Also available on CanLII.org)
- Diefenbaker’s Bill of Rights and the “Counter-Majoritarian Difficulty”: The Notwithstanding Clause and Fundamental Justice as Touchstones for the Charter Debate
- Climate Change, Constitutions, and Courts: The Reference Re Greenhouse Gas Pollution Pricing Act and Beyond
- Federalism, Subsidiarity, and Carbon Taxes
- Federalism and Farm Debt During the Great Depression: Political Impetuses for The Farmers’ Creditors Arrangement Act, 1934
- Book reviews of:
- Enforcing Exclusions: Precarious Migrants and the Law in Canada by Sarah Grayce Marsden.
- A Conviction in Question: The First Trial at the International Criminal Court by Jim Freedman.
- Health Care and the Charter: Legal Mobilization and Policy Change in Canada by Christopher P. Manfredi and Antonia Maioni.
- The Charter Debates: The Special Joint Committee on the Constitution, 1980-81, and the Making of the Canadian Charter of Rights and Freedoms edited by Adam M. Dodek.
- Putting Trials on Trial: Sexual Assault and the Failure of the Legal Profession by Elaine Craig.
- Who Controls the Hunt? First Nations, Treaty Rights and Wildlife Conservation in Ontario, 1783-1939 by David Calverley.
- First Peoples Law: Essays on Canadian Law and Decolonization by Bruce McIvor, 3d ed.
- Drug-Impaired Driving in Canada by Nathan Baker.
- Victimology: A Canadian Perspective by Jo-Anne M. Wemmers.
- Assisted Reproduction Policy in Canada: Framing, Federalism, and Failure by Dave Snow.
Windsor Yearbook of Access to Justice Volume 36 (Also available on CanLII.org)
- Introduction – Corporate Social Responsibility Viewed Recently
- Green Illusions: Governing CSR Aesthetics
- Dominium and the Empire of Laws
- The Impact of Whistleblowing Awards Programs on Corporate Governance
- The Global Social Enterprise Lawmaking Phenomenon: State Initiatives on Purpose, Capital, and Taxation
by George Roy | Apr 28, 2020 | Blogs, Current Awareness
A bi-monthly round-up of blog posts from the Manitoba legal community for the months of March and April 2020
Clarke Immigration Law
- Feature: Bee’s Exotic Shop April 24, 2020
- Feature: Lena’s Simple Crafts April 17, 2020
- Donations for Mohammed April 16, 2020
- WFP: Pandemic & Immigration April 15, 2020
- Success: TRP/WP for MPNP April 13, 2020
- Success: PR for Child March 27, 2020
- Success: Sponsorship Appeal March 20, 2020
- COVID19 – UPDATE 7/APR/2020 March 13, 2020
- Success: MPNP BIS March 13, 2020
- Success: Refugee Appeal March 6, 2020
Robson Crim Legal Blog
- Flipping the script –how use of power by police in the 1960s worked against them April 9, 2020
- The Problem with Prisons April 3, 2020
- Section 489(2): No Warrant? No Problem! April 2, 2020
- UNBELIEVABLE: The Funnel Effect of Rape Attrition in the Criminal Justice System March 31, 2020
- R v Morrison: Child Luring and the Analysis of Reasonable Steps in the Context of the Online Wild March 24, 2020
- After R v Jordan: Reflections on the R v KJM, R v KGK and Subsequent Policy Changes March 19, 2020
- Systemic failures in the Canadian and Manitoban bail systems March 17, 2020
- Fleming v Ontario 2019 SCC 45: Ancillary Powers Doctrine and the Right to Protest March 17, 2020
- R. v. KJM : Balancing Public Policy and Charter Rights March 10, 2020
- The Me Too Movement & The Evolving Interpretation of ‘Consent’ March 5, 2020
- Buried by Bail March 3, 2020
Matthew Gould Blog (Criminal Law)
Pitblado Law Blog
Taylor McCaffrey
- New leave of absence available to employees in Manitoba unable to work due to COVID-19 pandemic April 16,2020
- COVID-19 and The Human Rights Code of Manitoba April 14, 2020
- Domestic Violence Surging Amid COVID-19 Pandemic April 13, 2020
- COVID-19 and the Canadian Emergency Response Benefit April 9, 2020
- Family Court System Seeks Balance Amid COVID-19 Chaos April 8, 2020
- Responsibilities and Liabilities of Directors in Manitoba April 4, 2020
- Cooperatives and COVID-19: Can a Co-op hold an AGM electronically? March 23, 2020
- Force Majeure Clauses and COVID-19 March 23, 2020
- COVID-19: Answering Employers’ Frequently Asked Questions about Novel Coronavirus March 18, 2020
- COVID-19: Preparing Employers for Novel Coronavirus March 10, 2020
TDS law
- Manitoba Introduces Temporary Changes to The Employment Standards Code in Response to the COVID-19 Pandemic April 24, 2020
- Key Requirements for Manitoba Employers as of May 1, 2020 April 23, 2020
- COVID-19 Global Legal Resources and Support Services April 20, 2020
- Province of Manitoba Introduces Sweeping New Emergency Powers April 16, 2020
- Hiring during the COVID-19 pandemic April 16, 2020
- CanExport and Intellectual Property Protection can help you with your legal fees April 16, 2020
- COVID-19 Immigration information Bulletin (Update: April 9) April 9, 2020
- Canada’s COVID-19 Economic Response Plan regarding Taxation (Update: April 7) April 6, 2020
- COVID-19 and Contracts: Force Majeure? April 4, 2020
- Manitoba Government Declares a State of Emergency: What does that Mean? (April 1) April 1, 2020
- Will the Federal Government Declare a State of Emergency? (March 24) March 24, 2020
- Canadian Securities Regulators provide Blanket Relief for Market Participants due to COVID-19 (March 23) March 23, 2020
- Legal Considerations when Co-Parenting during a Pandemic in Manitoba (March 21) March 21, 2020
- Labour and Employment update on COVID-19 (March 19) March 19, 2020
- Big Data and Big Brother: How General Counsel Cope with Artificial Intelligence in an Era of Economic Nationalism March 10, 2020
MLT Aikins
- COVID-19 Tax Relief for Manitobans April 7, 2020
- COVID-19: Complying with Manitoba’s Public Health Orders: What it Means for Individuals and Businesses April 2, 2020
- Tag Two Friends but Please Don’t Sue – A Guide to Instagram Contest Rules April 22, 2020
- Temporary Change to Work Restrictions for International Students May Benefit Essential Services Employers April 24, 2020
- Will the U.S. Close its Border for Business Travel in the Next 30 Days? What Businesses Need to Know to Access the U.S. Market April 23, 2020
- Accessing Agriculture Industry Temporary Foreign Workers – Recent Changes In Response To COVID-19 April 9, 2020
- The Cost of Pre-Employment Discrimination April 24, 2020
- Manitoba Issues Public Health Orders Imposing Self-Isolation for Persons Entering Manitoba and Restricting Travel Within the Province April 21, 2020
- Proceeding With Caution — COVID-19 Liability Series: A Practical Guide for Businesses in the Post-Quarantine World April 23, 2020
- Apps v. Grouse Mountain — the Latest Word from the Court of Appeal on “Ticket Case” Liability Waivers March 6, 2020
- Estate Freezes and Refreezes During Economic Downturn April 22, 2020
Michael Dyck Criminal Law Blog
Tom Rees Legal News
by George Roy | Mar 5, 2020 | Commentary, Current Awareness, Journals
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
by George Roy | Feb 26, 2020 | Blogs, Caselaw, Commentary, Current Awareness, Summary
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
by George Roy | Jan 24, 2020 | Commentary, Current Awareness, Journals
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
by Karen Sawatzky | Dec 16, 2019 | Current Awareness, Federal Courts
News release from the Federal Court of Appeal:
Ottawa, December 11, 2019 – The Federal Court of Appeal announced today that the hearing in files A-324-19, A-325-19, A-326-19 and A-327-19 will be webcast:
IN THE MATTER OF COLDWATER INDIAN BAND ET AL. v. ATTORNEY GENERAL OF CANADA ET AL.
Summary: On June 18, 2019, for the second time, the Governor in Council (often described as the federal Cabinet), approved the Trans Mountain Pipeline expansion project. On September 4, 2019, the Federal Court of Appeal granted permission to challenge the approval of the project on the narrow issue of the adequacy of the Government of Canada’s further consultation with Indigenous peoples and First Nations between August 30, 2018 (the date of the Court’s earlier decision in Tsleil-Waututh Nation v. Canada (Attorney General), 2018 FCA 153) and June 18, 2019 (the Governor in Council’s approval), and related issues.
Access to webcast: The webcast will be available from December 16 to 18, starting each day at 9:30am PST (12:30pm EST): https://video.isilive.ca/fcacaf/A-324-19/english/
Webcasts – Restrictions: All rights in the broadcast of Federal Court of Appeal proceedings, including copyright, remain with the Court. The webcast may not be downloaded, saved, screen-captured, edited, broadcast or distributed in any way, except with the written authorization of the Court. Written requests for permission to use such material may be made to the Court’s Media Contact pursuant to the Court’s Guidelines on public and media access.
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