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.

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.

New Journal Titles from HeinOnline

HeinOnline has added new journal titles to their flagship journal database, the Law Journal Library. We’ve evaluated these new titles and are highlighting the ones we think you’ll be most interested in. All of these journals are available to our members on HeinOnline behind the Law Society Member Portal.


Amicus Curiae

The official journal of the Society for Advanced Legal Studies and the Institute of Advanced Legal Studies. Its mandate is to promote communication and cooperation within the legal community, and covers UK, European, Foreign, International and Comparative Law. This includes Canadian coverage, for example:

  • Corporate Liability for Breaches of Fundamental Human Rights in Canadian Law: Nevsun Resources Limited v Araya
    Amicus CURIAE 505 (2020) Peter Muchlinski
Criminal Justice Studies

A quarterly journal that publishes theoretical, empirical and interpretive studies of crime and criminal justice. The journal focuses on critical assessments of criminal justice policy and practices, with an emphasis on social science methodologies. Published in the US with an international scope, the journal includes Canadian content, for example:

  • Correctional Outcomes of Offenders with Mental Disorders
    27 CRIM. Just. Stud. 63 (2014) Lynn A. Stewart & Geoff Wilton
Refuge: Canada’s Journal on Refugees

A Canadian non-profit, open-access journal that publishes articles from academics, policy-makers, and practitioners in the field of forced migration. The journal offers a mix of social science and legal articles, for example:

  • Not Just the Luck of the Draw? Exploring Competency of Counsel and Other Qualitative Factors in Federal Court Refugee Leave Determinations (2005-2010)
    37 REFUGE 61 (2021) Jamie Liew , Pia Zambelli, Pierre-Andre Theriault & Maureen Silcoff
Research in Law and Economics

This journal covers the intersection of law and economics, providing a mix of legal analysis, policy research, and social science articles. Although largely American in scope, there is some Canadian coverage as well, including:

  • An Economic Justification for a Private Standard in Merger Policy: The Merger of Superior Propane and ICG Propane
    21 Rsch. in L. & ECON. 409 (2004) Richard O. Zerbe Jr. & Sunny Knott
Tocqueville Review

A social science journal in the spirit of Alexis de Tocqueville, with an emphasis on the comparative study of social change. American and French in scope, with articles in English and French. The journal does offer some Canadian coverage with a legal focus, for example:

  • Research Ethics as Social Policy: Some Lessons from Experiences in Canada and the United States
    24 Tocqueville Rev. 61 (2003) Michael McDonald & Eric M. Meslin

To access these titles and more, please visit HeinOnline behind the Law Society Member Portal.

FAQs with John: Historical Point-in-Time Legislation

As a student librarian doing a co-op at the Great Library, one of the first things I learned was locating point-in-time legislation. “Backdating” is the act of tracing the history of an act through its previous versions. In the short time I’ve been at the Great Library, I’ve had several questions about locating historical point-in-time legislation, especially for Manitoba statutes.

I thought I would conduct a quick refresher on how to access these documents using the HeinOnline database behind the Law Society Member Portal.

Let’s say for example you were interested in tracing back the Cemeteries Act to find out what the Act looked like in 1980.

Remember that:

  • Federal statutes were revised in 1886, 1906, 1927, 1952, 1970, and 1985
  • Manitoba statutes were revised 1892, 1902, 1913, 1924 (consolidated amendments), 1940, 1954, 1970, and Re-enacted: 1987-1990

In our example, the closest revision year was 1970. The Cemeteries Act in 1980 will include the 1970 version plus any amendments made up until 1980.

Next, look up the amendments and the 1970 version of the Act. We’ll do this by navigating to the LSM Member Portal and accessing HeinOnline.

Although the year we are interested in is 1980, it’s a good idea to go one year past the year you’re looking for. This way you catch amendments that were made in 1980, but weren’t published until 1981. Select the link for 1980-1981.

Scroll down the left-side menu to click on “List of Statutes in Continuing Consolidation”. Acts are listed alphabetically, and under the Cemeteries Act, we can see the 1970 Revised Statutes of Manitoba version and its chapter, as well as a list of amendments up until 1980, including chapter and section:


The next step is to put all of the amendments into context within the 1970 Act, and then we’ll have a picture of how the Cemeteries Act was comprised in 1980.

For more information about finding historical legislation, access our Finding Point-in-Time Legislation guide in the Legal Ease section of the Great Lexpectations site.

New Tools from HeinOnline

HeinOnline.org is a small legal publisher with a big footprint, and it keeps getting bigger.

Heinonline has added another database to its Social Justice Suite with the  Open Society Justice Initiative Database.

The Open Society Justice Initiative is part of the Open Society Foundations. Established in 2003, the Foundation provides expert legal support through strategic human rights litigation and other legal work.

This database is updated continuously with over 300 current titles. With reports, handbooks, briefing papers, legal and policy submissions, and fact sheets exploring and advocating on issues of human rights and justice.

For more information check the blog post, or for full details see the LibGuide.

PathFinder: A Suite of Multidisciplinary Browse and Search Tools

HeinOnline has just added another research tool to make finding by subjects easier and more intuitive.

Subjects are now grouped in a hierarchy of categories letting users easily browse for what they are looking for. Learn more about how to use this new feature here, or take a look at the video below.