News

The Revenge of Administrative Law? the Subtle Dismantling of the Self-Regulation of the Legal Profession, Andrew Flavelle Martin — Slaw

Regulatory barriers key cause of Canada’s productivity gap with the U.S.:study, Karunjit Singh — Law360 Canada

Officer tells Eishia Hudson inquest he shot at teen because he believed officers were in danger, Brittany Hobson — CBC

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Reminder: Members of the legal profession are subject to Manitoba Courts Electronic Device Policy.

Latest Current Awareness

Journals

Manitoba Law Library subscribes to a number of legal journals in print and digital. See below for the latest issues of popular titles. Members can request copies of articles under fair dealing guidelines by emailing library@lawsociety.mb.ca

January 2026: New HeinOnline Journals

(available in Online Library Resources)

Court Notices & Practice Directions

Court of Appeal

• • Notices
    • • December 4, 2025 – Security for costs required on motions requesting a rehearing

Court of King’s Bench

• • Practice Directions
    • • December 10, 2025 – Self Representing Litigants on Civil Applications and Motions
      • December 10, 2025 – Anonymizing Pleadings and the Contents of Publicy Available Court Records

Provincial Court

• • Notices
    • • December 18, 2025 – Shamattawa Court Closure – December 23, 2025

Book Reviews

Review taken from the Canadian Law Library Review, Vol. 50 Issue 3

Decoding Canadian Legal Research, Writing, and Conventions: A Guide for Internationally Trained Lawyers. By Kellinde Wrightson.

(this title is available in our collection)

Toronto, ON: Emond Montgomery, 2024. xviii, 259 p. Includes bibliographic references and index. ISBN 9781774624296 (softcover) $56.00; ISBN 9781774624319 (ePub) $50.00.

Reviewed By

Dominique Garingan
Manager, Legal Learning & Development
Gowling WLG (Canada) LLP

“Head uses the U.K., U.S., and Australia to demonstrate how essential the freedom to protest is in democratic nations and to analyze how that freedom is being threatened. While his analysis does not include Canada, the countries he does focus on have reputations for being liberal democracies and share many similarities to Canada, the most important of which is the U.K.’s legal and democratic values. Head also includes several Canadian examples, such as commentary on the Charter of Rights and Freedoms and the increase in Canadian anti-protest legislation; for example, the laws enacted after the Wet’suwet’en blockades protesting the development of pipelines that would pass through their unceded territory.

…

Democracy, Protest and the Law would be a relevant addition to an academic library’s collection. The analysis of the historical treatment of protest and assembly rights in British colonial legal systems may be of interest to those researching the constitutional significance of anti-protest laws. Similarly,researchers may be interested in the correlation Head draws between the adoption of anti-protest measures and fascism, considering the discontent he speculates will continue to grow because of widening inequality.

“

Click here for the full review

Events

 Registration is now open for the 2026 National Family Law Program (NFLP) and the 2026 National Criminal Law Program (NCLP).

Upcoming Events

Substantive Law

Civil Litigation

Bueti v Macintosh, 2026 MBCA 8: Applicant appealed the dismissal of his application to compel the respondent, a reporter, to disclose the identity of a confidential journalistic source in order to commence a defamation action. The application was made pursuant to rule 31.12 of the Manitoba King’s Bench Rules and the equitable remedy known as a Norwich order (test set out in Rogers Communications Inc. v. Voltage Pictures, LLC, 2018 SCC 38 (CanLII) at para. 18). Application judge dismissed the application, holding that the respondent should not be required to identify a confidential journalistic source for a statute-barred claim. The Court found no error in the decision. Appeal dismissed with costs in favour of the respondent.

Thompson (Rural Municipality of) v Cox, 2026 MBCA 2: Question of statutory interpretation of The Municipal Act, regarding the scope of a judge’s decision-making power in an application to court under s. 95(6) to declare a council member disqualified. Focus is given to the use of the word “may” (see The Interpretation Act, s 15; Lockport Taxi Ltd v The Rural Municipality of East St Paul et al, 2020 MBQB 135 at paras 27-30, aff’d 2021 MBCA 40). Appeal dismissed with costs.

Boyko & Sons Ltd v West Panet Properties Ltd, 2026 MBCA 1: Appeal of a dismissed motion for both interim and interlocutory injunctions. The Court found motion judge erred by considering and dismissing the motion for an interlocutory injunction, which was not before him, rather than dealing with the matter as an interim injunction. It was found the motion judge erred in his interpretation and application of the test for granting an interim/interlocutory injunction set out in RJR—MacDonald Inc v Canada (Attorney General), 1994 CanLII 117 (SCC). Appeal allowed and the motion for an interlocutory injunction sent back to MBKB for a new hearing. An interim injunction was granted, to remain in effect until the determination of the interlocutory injunction motion or further order.

Atesci Medikal Muhendislik Makina Insaat Yapi Elemanlari Av Spor Malzemeleri Imalat Dis Ticaret Limited Sirketi v. Prairie Shot Ltd., 2026 MBKB 7: Successful motion to dismiss an action for  delay under r. 24.01 of the KB Rules. Leven, J. provides a comprehensive look at rules 24.01 and 24.02, praising the decision in Rempel v. Gentek, 2022 MBQB 128 and citing many others.

Criminal Law

R v ETH, 2026 MBCA 4: Decision on motion for judicial interim release (JIR) from custody pending the hearing of accused’s appeal. The test for JIR pending appeal is not in dispute and is set out in section 679(3) of the Criminal Code. The Court cites R v Oland, 2017 SCC 17 and R v Oddleifson (JN), 2010 MBCA 78 in their analysis of the test. The JIR was granted with conditions.

R v Chartrand, 2025 MBPC 80: Sentencing decision for possession for the purpose of trafficking, simple possession, and 2 counts of carrying a concealed weapon. When the accused was arrested, he was wanted Canada-wide for a parole violation following a federal charge. Bayly, J., discussed the appropriateness of granting enhanced credit for time spent in custody, following the procedure established in R. v. Nahanee, 2022 SCC 37. In R. v. Roulette, 2024 MBCA 28 MBCA held that no credit for pre-sentence custody should be given where there is no connection between the pre-sentence custody time and the charges for which he was sentenced.

R v T.M., 2025 MBPC 78: Sentencing of a young person who was in possession of a loaded firearm and violated his release order. Crown sought a custodial sentence per Section 39(1)(d) of the Youth Criminal Justice Act. The leading case for that section is R. v. R.E.W., 2006 CanLII 1761 (ON CA). It was found that this was exceptional case within the meaning of s. 39(1)(d). Due in part to rehabilitation efforts made by the young person, Devine, P.J. determined an appropriate sentence to be a six-month deferred custody and community supervision order followed by an 18-month probation order.

R v Barker-Young, 2025 MBPC 75: Accused is charged with leaving the scene of a traffic accident that resulted in a fatality, contrary to s. 320.16(3) of the Criminal Code (the Code). The accused was not driving at the time of the accident. Accused claimed he did not commit the actus reus, nor did he have the requisite mens reas. Discussion of the phrases “operating conveyances” and “care and control,” citing R. v. Boudreault, 2012 SCC 56 (CanLII). Accused was found guilty.

R v Seenie, 2026 MBPC 4: Decision on a Criminal Code s. 599 application for a change of venue request from the Crown. Crown claims the purpose of the application is to satisfy the requirements of the Jordan deadline. Lord, P.J., notes a delay in proceedings due to the Crown failing to supply defence counsel with documents in a timely manner. In dismissing the application, Lord, P.J. highlighted the importance of providing Manitoban’s the opportunity to see justice done in their communities.

R v C. S., 2026 MBPC 1: Accused pled guilty to aggravated assault. The circumstances arose due to the accused’s disorder, Factitious Disorder Inflicted on Another (FDIA), formerly known as Munchausen by Proxy. R v Okemow, 2017 MBCA 59 provides guidance for the consideration of mental health issues when determining moral blameworthiness. At para. 70, J. writes, “Unlike cases where mental illness merely coexists with criminal conduct, here the offending behaviour arose directly from the disorder itself, complicating the assessment of moral blameworthiness. As noted in Okemow and JED, the Court must weigh the extent to which these conditions diminish her capacity for rational choice against the deliberate and calculated nature of her actions. This requires a careful balance between recognizing the role of mental illness and ensuring that the sentence reflects the gravity of the harm, the breach of trust and the need for public protection.” Accused received a custodial sentence of 4.5 years recommended to be served in a federal Regional Treatment Centre.

Family Law

N.S.B. v A.Q., 2026 MBKB 16: Determination of date of separation. The husband submitted the separation took place in 2011, the wife claimed 2021. The intention of only one party is required for the parties to separate, as stated in Field v. McLaren, 2009 MBQB 118, and the intention must be communicated to the other party and acted upon. It was shown that the husband did not act in a way consistent with an intention to separate, and the year of separation was determined to be 2021.

Legislation

Federal

See here for the latest activity.

Provincial

The House adjourned on December 4, 2025.

The 3rd Session of the 43rd Legislature will reconvene on Wednesday, March 4, 2026 at 1:30 p.m.

Current Bills    |    Bill Status

New Regulations