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!

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.

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