July Journals and Newest Issues

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.

Canadian Criminal Law Review

  • “Scraping In Cyberspace: Police Entrapment In The Virtual World” Mathew Zaia  26 Can. Crim. L. Rev. 203

Canadian Journal of Law and Jurisprudence. vol. 35

  • “Philosophy of Law as an Integral Part of Philosophy: Essays on the Jurisprudence of Gerald J. Postema, Edited by Thomas Bustamante and Thiago Lopes Decat.” Richard Bronaugh. 35 Can. J.L. & Juris. 559.
  • “Legal Realism and ‘Working’ Rules.” David Frydrych. 35 Can. J.L. & Juris. 321.
  • “Exploring the Notion of Necessity in Essentialist Legal Theory.” Ziyu Liu. 35 Can. J.L. & Juris. 427.
  • “Justice in Transactions, Peter Benson.” Jennifer Nadler. 35 Can. J.L. & Juris. 565.
  • “Corporate Law and Governance Pluralism.” Leon Anidjar. 35 Can. J.L. & Juris. 283.
  • “Don’t Feel Threatened by Law.” Lucas Miotto. 35 Can. J.L. & Juris. 487.
  • “Express Trusts, Private Law Theory, and Legal Concepts.” Duncan Sheehan. 35 Can. J.L. & Juris. 511.
  • “Unilateral Acquisition and the Requirements of Freedom: A Kantian Account of the Judicial Exceptions to Patent Protection.” Ian McMillan. 35 Can. J.L. & Juris. 459.
  • “Linking Gains to Wrongs.” Maytal Gilboa. 35 Can. J.L. & Juris. 365.
  • “That’s None of Your Business!” Matthew Lister. 35 Can. J.L. & Juris. 405.
  • “Property and Self-Determination.” James Penner. 35 Can. J.L. & Juris. 537.
  • “Contract as Transfer of Ownership, Even without Consideration.” Zackary Goldford. 35 Can. J.L. & Juris. 385.

Criminal Law Quarterly. vol. 70

  • “Some Possible Parliamentary Responses to Brown.” Kent W. Roach. 70 C.L.Q. 331.
  • “The Virtual Court and the Presence of the Accused.” Judge Wayne Gorman. 70 C.L.Q. 397.
  • “Notes and Comments.” Kent W. Roach. 70 C.L.Q. 335.
  • “Pandemic Exposes Systemic Problems in Ontario’s Provincial Offences Court.” Norm Keith. 70 C.L.Q. 378.
  • “Virtual Spaces, Real Problem: the Conundrum of Privacy in Undercover Communications.” 70 C.L.Q. 365. Jeanette Gevikoglu.

McGill Journal of Law and Health. vol. 14.

  • “A Reflection on the Duty to Warn after Letourneau v JTI-MacDonald: A Future for Obesity Litigation in Canada?” Jacob J. Shelley. 14 McGill J.L. & Health 89.

Saskatchewan Law Review

  • “The Judgments of the Court of Appeal for Saskatchewan, 2019 and 2020” Michelle Biddulph , William Lane 85 Sask. L. Rev. 1
  • “Unresolved Issues after Vavilov” Paul Daly 85 Sask. L. Rev. 89
  • “Juries Today” Justice Sheilah Martin 85 Sask. L. Rev. 119

Book Reviews

    • “Law and Neurodiversity: Youth with Autism and the Juvenile Justice Systems in Canada and the United States by Dana Lee Baker, Laurie A. Drapela & Whitney Littlefield. Vancouver: UBC Press, 2020. 246 Pp., $32.95 Pb.” 85 Sask. L. Rev. 143 Barbara Baker
    • “Human Rights after Corporate Personhood: An Uneasy Merger? Edited by Jody Greene & Sharif Youssef. Toronto: University of Toronto Press, 2020. 344 Pp., $84.00 Hc.” 85 Sask. L. Rev. 145 Tim Haggstrom
    • “Sex Industry Slavery: Protecting Canada’s Youth by Robert Chrismas. Toronto: University of Toronto Press, 2020. 296 Pp., $42.95 Pb.” 85 Sask. L. Rev. 148 Drew Ikert
    • “Is Two-Tier Health Care the Future? Edited by Colleen M. Flood & Bryan Thomas. Ottawa: University of Ottawa Press, 2020. 348 Pp., $39.95 Pb.” 85 Sask. L. Rev. 151 Sophia Lagimodiere
    • “Online Courts and the Future of Justice by Richard Susskind, Revised Ed. Oxford: Oxford University Press, 2021. 400 Pp., $12.95 Pb.” 85 Sask. L. Rev. 153 Liam McDonald
    • “Debating Rights Inflation in Canada: A Sociology of Human Rights by Dominique Clément. Waterloo: Wilfrid Laurier University Press, 2018. 174 Pp., $19.99 Pb.” 85 Sask. L. Rev. 156 Megan Ripplinger
    • “The Death of a Butterfly: Mental Health Court Diaries by Richard D. Schneider. Toronto: Delve Books, 2019. 252 Pp., $29.95 Pb.” 85 Sask. L. Rev. 159 Caroline Seshadri “An Introduction to University Governance by Cheryl Foy. Toronto: Irwin Law, 2021. 236 Pp., $40.00 Pb.” 85 Sask. L. Rev. 161 Éric Turcotte

HeinOnline Journals

These journals are now available electronically on Heinonline in the online library resources.

For a full list of journals and help with searching on Heinonline see this LibGuide.

Tort Law Collection Update

Image taken from https://lawhaha.com/torts-illustrated/

Whether it was a five year old pulling out your chair, or a snail in your ginger beer, it’s good to know where the law stands when you’ve been wronged. The library has a thorough collection of texts on Tort law available, including two recently updated titles.

Newest Additions

Canadian Tort Law — 12th ed. by Allen M. Linden, Bruce Feldthusen, Margaret Isabel Hall, Erik S. Knutsen, Hilary A. N. Young

“The twelfth edition of the leading treatise on tort law in Canada continues the standard of excellence achieved by each previous edition and answers questions for all professionals in this field.”

Remedies in Tort. by Lewis Klar, Linda Rainaldi, Earl Cherniak, and Peter Kryworuk [looseleaf]

“Remedies in Tort is the only Canadian publication that summarizes tort law completely and in a readily accessible manner. This five-volume work has a total of 28 chapters that are constantly updated with the most recent guidelines and court decisions.”

Main Collection

Browse our catalog for even more titles on Torts, or take a look at some of the popular titles currently in our print collection.

Online titles

The Law of Torts. 6th ed. by Philip Osborne, Toronto: Irwin Law, 2020. Available on vLex

“An indispensable resource for practitioners, judges, and students seeking a concise and accessible introduction to the principles of tort law in Canada, as well as the social policies underlying the law and current trends in judicial decision making. The book reviews the foundations, characteristics, and objectives of tort law with specific discussions of negligence, intentional torts, strict liability, vicarious liability, nuisance, and defamation.”

Newsletters and Current Awareness

LexisNexis® Tort Law Netletter(TM) – an electronic current awareness service covering recent judicial developments in tort law, including property torts, torts affecting the person (including defamation), torts by and against the Crown, passing off, and negligence, including professional negligence by medical, legal and other professionals.
Email the library (library@lawsociety.mb.ca) to subscribe.

For even more resources visit the Library Resources section of the Member’s Portal and see what HeinOnline has to offer. They offer both recent articles in their Law Journal Library, as well as historical and rare titles in their Legal Classics Database.

Current Awareness – New Journals and Issues

The most recent issues of these journals are now available on Lexis Advance Quicklaw. If you are interested in one of these titles, or any other journal articles, email us for a pdf copy.

Canadian Family Law Quarterly

  • Access and Openness in Ontario: A Legal Analysis of How Children’s Important Relationships can be Maintained 40 C.F.L.Q. 219 Jennifer Gallagher; Elizabeth McCarty; Ian Ross
  • Jurisdiction Issues Facing Ontario Courts 40 C.F.L.Q. 295 Vanessa Lam
  • Separation Date Principles and Assessment Guide 40 C.F.L.Q. 335 David Frenkel; Yunjae Kim

Journal of Parliamentary and Political Law

  • The Origins of the Caretaker Convention: Governor General Lord Aberdeen’s Dismissal of Prime Minister Tupper in 1896 16 J. Parliamentary & Pol. L. 391 J.W.J. Bowden
  • Including Emerging Litigation Comprenant les Litiges en Voie de Développement 16 J. Parliamentary & Pol. L. 537 Gregory Tardi
  • Review of: The Rowell-Sirois Commission and the Remaking of Canadian Federalism by Robert Wardhaugh and Barry Ferguson (Vancouver: UBC Press, 2021) 16 J. Parliamentary & Pol. L. 561 David M. Brock
  • Moving Toward Gender Balance in Public Life 16 J. Parliamentary & Pol. L. 349 Gregory Tardi

See more

  • Lambourne v. Attorney General, [2021] KIHC 8 High Court of Kiribati 16 J. Parliamentary & Pol. L. 531 Gavin Murphy
  • Speeches of Some of the Candidates for the Position of Speaker of the 44th House of Commons: Improvements Necessary for a Sounder Parliament, Monday, November 22 16 J. Parliamentary & Pol. L. 355
  • Glover v. Progressive Conservative Party of Manitoba: Courts Deferential in Reviewing Internal Party Affairs–Even when They’re “Contracts” 16 J. Parliamentary & Pol. L. 521 Professor Gerard J. Kennedy
  • Rethinking the Official Languages Act 16 J. Parliamentary & Pol. L. 361 Stephen Thompson
  • “Guesswork Is a Poor Foundation for Democracy” The Principled Lesson of the Case of Mitchell v. Jackman 16 J. Parliamentary & Pol. L. 513 Allison S. Conway
  • Democratic Election Alert! Alerte! D’Une Élection Démocratique 16 J. Parliamentary & Pol. L. 318
  • The Impact of Litigation on Public Policy 16 J. Parliamentary & Pol. L. 445 Hugh Trenchard
  • The Resignation of Overseas Judges from Hong Kong’s Court of Final Appeal–Should We Worry? 16 J. Parliamentary & Pol. L. 485 Horace Yeung
  • The Supreme Court of Nigeria Decision in Re: Abdullahi Re-Echoing Ubi Jus Ibi Remedium: A Shield and a Sword 16 J. Parliamentary & Pol. L. 471 David Tarh-Akong Eyongndi
  • The Criminal Sanction of Violence Toward Healthcare Workers 16 J. Parliamentary & Pol. L. 497 Dawn McKevitt

Windsor Yearbook of Access to Justice

  • Mapping Racial Geographies of Violence on the Colonial Landscape 38 Windsor Y.B. Access to Just. 1 Ingrid Waldron
  • The Consequences of Unfreedom: Learning from Story Amidst a Global Climate Crisis38 Windsor Y.B. Access to Just. 30 Meghan Robinson
  • Incomplete Justice: The Costs of Partial Indemnity 38 Windsor Y.B. Access to Just. 46 Adil Abdulla
  • Integrating Social Work within Legal Clinics: An Inter-Professional Perspective to Address Social-Legal Needs 38 Windsor Y.B. Access to Just. 10 Alicia Lam, Vanessa Emery, Renee Griffin, Michael Saini
  • “A So-Called Tenants’ Union”: Defining the Organizational Power of Tenants within and Outside the Law 38 Windsor Y.B. Access to Just. 75 Seema Shafei

Supreme Court Law Review vol. 105 Forgotten Foundations of The Canadian Constitution

Forgotten Foundations of the Canadian Constitution: An Introduction – Brian Bird & Derek Ross (2022) 105 S.C.L.R. (2d) 1 – 11

Special Essay

  •  The Forgotten Roots of Canada’s Living Tree: Constitutional Interpretation and the Rule of Law – The Honourable Marshall Rothstein C.C., Q.C. (2022) 105 S.C.L.R. (2d) 15 – 36

 Part I – First Principles: The Supremacy of God and The Rule of Law

  •  God in the Constitution: The Supremacy of God Clause in the Preamble to the Canadian Charter of Rights and Freedoms – Dwight Newman, Q.C. (2022) 105 S.C.L.R. (2d) 39 – 56
  •  The First Division of Power: State Authority and the Preamble to the Charter – John Sikkema (2022) 105 S.C.L.R. (2d) 67 – 93
  •  The Rule of Law in Judicial Review Today – Mark Mancini (2022) 105 S.C.L.R. (2d) 95 – 118

See more

 Part II – Limiting and Delimiting Charter Rights and Freedoms

  •  Resetting the Foundations: Renewing Freedom of Expression under Section 2(b) of the Charter – Jamie Cameron (2022) (2022) 105 S.C.L.R. (2d) 121 – 151
  •  Pluralism and Freedom from Assimilation: A Foundation for a “Free and Democratic Society” – Derek Ross (2022) 105 S.C.L.R. (2d) 153 – 188
  •  The Truck and the Brakes: Understanding the Charter’s Limitations and Notwithstanding Clauses Symmetrically – Geoffrey T. Sigalet (2022) 105 S.C.L.R. (2d) 189 – 222

 Part III – The Charter’s Underexplored “General” Clauses

  •  Unchartered Rights and the Free and Democratic Society – Brian Bird (2022) 105 S.C.L.R. (2d) 225 – 246
  •  “The Rights Retained By The People”: The Implications of the Ninth Amendment for the Interpretation of Section 26 of the Charter – Matthew P. Harrington (2022) 105 S.C.L.R. (2d) 247 – 283
  •  All the Voices of Religious Freedom – Blair Major (2022) 105 S.C.L.R. (2d) 285 – 321
  •  Section 31 and the Charter’s Unexplored Constraints on State Power – André Schutten and Tabitha Ewert (2022) 105 S.C.L.R. (2d) 322 – 354

Part IV – The Foundational Role of Constitutional History

  •  Applied Legal History and the Principled Way Forward to the Recognition of Implied Fundamental Rights – Ryan Alford (2022) 105 S.C.L.R. (2d) 359 – 393
  •  Bringing About a Reformation? Religious Freedom and Canadian Constitutionalism, 1759-1774 – Kristopher E.G. Kinsinger (2022) 105 S.C.L.R. (2d) 395 – 417

HeinOnline Journals

These journals are available electronically in the online library resources.

The June content update includes 11 new titles, including 6 from the recent addition of Springer Journals.

Will Week April 2022

Will Week is a week-long series of free public events to bring awareness to the importance of wills and estate planning. Seminars start Tuesday April 26, 2022. Visit the Library’s events calendar for session and registration information.

The event is a collaboration between the Manitoba Bar Association, The Winnipeg Foundation and the Public Guardian and Trustee. To learn more about Will Week, visit the Winnipeg Foundation website.

As part of this year’s Will Week, we have put together a digital book display using our collection of Wills, Estates, and Trusts texts.

To help you browse, we’ve compiled some of our most recent print titles, journal titles, and materials published by the Law Society of Manitoba 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 item’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!


Wills

The following print titles are available:


The following print titles are available:


Trusts

The following print titles are available:

Lewin on Trusts
Oosterhoff on Trusts
Waters Law of Trusts in Canada
Widdifield on Executors & Trustees

Law Society of Manitoba Materials

The following print titles produced by the Law Society of Manitoba are available:

Journals

We also subscribe to journals that exclusively cover the topics of Wills, Estates, and Trusts. Journal titles from HeinOnline Law Journal Library are available behind the Law Society Member Portal:

  • Estates Trusts and Pensions Journal (print – current to 2022; HeinOnline – available to 2018 online)
  • Estate Planning & Community Property Law Journal (HeinOnline – vol. 1-14, 2008-2021)

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! 

 

Research Tip – Legislative Library of Manitoba

Last month I had the pleasure of getting a tour of the Legislative Library of Manitoba from Member’s Services Librarian, Mirabelle Boily-Bernal. The Legislative Library is the oldest library in Manitoba, whose mandate is to serve the citizens of Manitoba by preserving the published history of our province, support the conduct of public affairs and foster the development of a well-informed society by providing access to specialized information resources. 

The Legislative Library has two locations – a Reading Room located in Room 260 of the Legislative Building of Manitoba, and the other located in the Manitoba Archives Building at 200 Vaughan Street. I visited the Vaughan Street location, just around the corner from the Law Courts Building.

Reading Room at the Leg

Aside from being a fascinating and beautiful historical building (the Library’s foyer space in the Archives Building was the original site of the Winnipeg Art Gallery), it is also an incredible resource for historical Manitoba Government documents. While the Manitoba Law Library has our own collection of government documents to support our members, the Legislative Library’s collection offers an excellent supplementary resource.

One of the resources our members might be interested in is the library’s Hansard collection (also known as Debates and Proceedings). Hansard is a written record of debates in the Legislative Assembly of Manitoba (see our guide to searching Hansard here). Before being published by the provincial government in 1958, the debates were summarized in local newspapers and collected by librarians in “Hansard Scrapbooks”. The library has a collection of legislative reporting in early Manitoba newspapers dating back to the 1st Parliament, 4th session, 1873-1874!

The library also houses municipal government documents, including the City of Winnipeg by-laws and City Council Minutes.

For those of us who long for the days of old school library technology, I’m happy to report that microfilm is alive and well at the Legislative Library. The library has an extensive collection of Manitoba newspapers on microfilm (dating back to 1859) that continue to be well used given the delicate nature of newsprint.

Our members might also be interested in the Digital Collection of Manitoba Government Publications, a digital collection of published Manitoba government documents dating back to the early 2000s. The collection includes reports of Inquiry Commissions and Task Forces, Departmental Studies, Annual Reports, and Financial Publications. Much of this collection has been converted using Optical Character Recognition (OCR) software, meaning that many documents have searchable text.

The Digital Collection is currently undergoing maintenance but copies can be retrieved by contacting the Legislative Library at 204-945-4330 or legislative_library@gov.mb.ca.

Finally, I had the opportunity to see the library’s rare book collection, which is housed in a climate controlled room that helps to preserve the books. The rare book collection includes 350 volumes (including law books) that were part of the Red River Library that served the Selkirk Settlers, as well as a bible belonging to Chief Peguis!

The Legislative Library of Manitoba’s two locations (the Library and the Reading Room) are open to Members and staff of the Legislative Assembly, to government employees, and to the public.

Please visit the Legislative Library website for more information about the Library and their collections.

Many thanks to Mirabelle Boily-Bernal for the tour!