January 2026
News
- Law360 Canada – New Alberta legislation limits law society’s education, disciplinary powers, Ian Burns
- Law360 Canada – Manitoba Court of Appeal tasked with determining psychological detention December 19, 2025
- Winnipeg Free Press – Toxic spill from northern paper mill generates lawsuit from second First Nation, Eric Pindera
Featured Item
Manitoba Law Library: 2025 in Statistics
“Other” includes: Aboriginal Law, Bankruptcy, Builder’s Lien’s, Conflict of Laws, Court Rules, Environmental Law, Indigenous Law, Insurance, Intellectual Property, International Law, Inquests, Judicial Review, Law of Bail, Law of Releases, Liability of the Crown, Mining, Municipal Law, Privacy Law, Real Property, Regulation of Professions, Treaties.
Latest Current Awareness
Newsletters
One of our many services is the distribution of legal newsletters. Our subscriptions with Lexis+ and Westlaw Canada allow us to share their newsletters with members of the Law Society of Manitoba. These newsletters cover all areas of law. For one example of what we offer, check out the latest on Administrative law with this popular title available from LexisNexis.
Harper Grey Administrative Law NetLetter
Harper Grey Administrative Law NetLetter, a semi-monthly electronic newsletter covering emerging issues in Canadian administrative law.
The latest issue highlights matters on:
- In Masjoody v. Canada (Attorney General), 2025 FCA 200, the Federal Court of Appeal dismissed an appeal brought by Dr. Masood Masjoody, upholding the Federal Court’s refusal to judicially review a decision of the Canadian Judicial Council (CJC). The case offers a concise but instructive reaffirmation of the limited scope of judicial oversight over the CJC’s initial screening of complaints against judges, the application of evidentiary rules in judicial review proceedings, and the high threshold for establishing procedural unfairness or bias in Federal Court proceedings.
- An employee appealed a series of decisions from WorkSafe BC which had imposed violation orders on the employer for its handling of a series of workplace harassment complaints, but did not apply any administrative penalties to the employer. The Court of Appeal held that WorkSafeBC’s Review Division reasonably declined to impose administrative penalties on the employer, finding that the employer’s flawed handling of bullying-and-harassment complaints created a low–not high–risk of serious injury and did not warrant further enforcement beyond existing orders. The Court also rejected allegations of bias or procedural unfairness, concluding that the Review Officer’s reasoning merely described the employer’s actions and did not endorse them.
If you would like to subscribe to any of these publications, please email library@lawsociety.mb.ca to be added to the distribution list.
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
Alberta Law Review, vol 62 no 3, 2025
- Ghislain Otis, The Extinguishment of Aboriginal Rights and the James Bay Agreement: The Condition 14 Test
- Cameron Hutchison, Case Littlewood, The Journalistic Sources Protection Act and CSIS Foreign Interference Whistleblowers
- Sari Graben, Environmental Contracting, Gender Assessment, and Indigenous Women in Canada: A Methodology for Benefit Agreements
- Kyler Chittick, Brenda Cossman, Ummni Khan, Rethinking the “Rough Sex Defence” in Canada: Replies to Sheehy et al.
- Donald J Netolitzky, A Legion of Misshapen Cogs: Pseudolaw in Canadian Criminal Proceedings and Amicus Requirements
- Zachary Jericho Couture, Unearthing the “Established Citizen”: International Students’ Inaccess to Justice from Housing to Study Permits
- Sonia Anand Knowlton, Sylvia Rich, Case Comments: Licencing State Misconduct: Revisiting Nasogaluak and Ward
- Fenner Stewart, Book Review: The Paradox of Canadian Progress: A History of Law in Canada, Volume Two, Law for the New Dominion, 1867–1914, Jim Phillips, Philip Girard & R Blake Brown (Toronto: University of Toronto Press, 2022)
- Dan Moore, Book Review: Constitutionalizing Criminal Law, Colton Fehr (Vancouver: UBC Press, 2022)
Banking and Finance Law Review
- Beyond Banks: Technology, Regulation and the Future of Money, Dan Awrey, (Princeton and Oxford: Princeton University Press, 2024), 292 + viii pp., $48 CAD 42 B.F.L.R. 175 Benjamin Geva
- Fostering Competition through Regulation: An Analysis of Brazilian Payments Law 42 B.F.L.R. 37 Gabriel Schvartzman Cohen , Paulo Saia Cereda
- Public Attitudes Towards CBDC and the Role of Trust in the Central Bank 42 B.F.L.R. 1 Ruth Plato-Shinar , Libby Maman
- Regulatory Guardrails for “Stablecoins” 42 B.F.L.R. 111 Rolf H. Weber , Rainer Baisch
- The Brazilian Wholesale CBCD Pilot Project and Its Multi-Asset Drex Platform: On-Chain Centralization as a Regulatory Strategy for Governing Decentralized Environments 42 B.F.L.R. 147 Marcus Paulus de Oliveira Rosa , Guilherme Centenaro Hellwig
- The Cambridge Handbook of Private Law and Artificial Intelligence, Ernest Lim and Phillip Morgan, (UK: Cambridge University Press, 2024), 700 pp., $195 USD 42 B.F.L.R. 169 Christian Chamorro-Courtland
- The Digital Euro as a Governance Tool: Institutional Implications for the European Central Bank 42 B.F.L.R. 73 Francisco José Ciancetta
- Welcome to the BFLR’s 7 Annual Fintech Issue! 42 B.F.L.R. ix Nydia Remolina , Alessio Azzutti , Virginia Torrie , Francisco José Ciancetta
Canadian Family Law Quarterly
- An Ontario Pension Refresher 44 C.F.L.Q. 83 Geoffrey J. Carpenter
- The Path to Scorched Earth Litigation: The Psychosocial and Legal Elements Causing Estate Disputes in Dementia Cases 44 C.F.L.Q. 93 Tania Robinson
- Paws in the Law: Reimagining Legal Frameworks for Pet Custody 44 C.F.L.Q. 121 Sian Shin
- It’s Complicated: How Entitlement Wends Its Way In and Out of the SSAG 44 C.F.L.Q. 147 Rollie Thompson
- OPCA Family Litigants: How to Cut Through Pseudo-Legal Arguments and Get to the Truth 44 C.F.L.Q. 1 John McDermot
- Purchase Money Resulting Trusts and Their Impact in Family Law 44 C.F.L.Q. 21 Frances Wood
- Understanding Notional Disposition Costs 44 C.F.L.Q. 29 Melanie A. Larock; Monica C. Romero
- As Good as it Get(t)s: The Enforceability of the Ketubah in Canadian Courts 44 C.F.L.Q. 45 Sarah Farb
Criminal Law Quarterly
Volume 73, Number 4
- Editorial The Proposed Jail Not Bail Act
- Fitness to Stand Trial: A Brief History of the Rules and the latest from the Supreme Court of Canada +Fitness to Stand Trial: A Brief History of the Rules and the latest from the Supreme Court of Canada Richard D. Schneider & Hy Bloom
- Investigative Genetic Genealogy and the Charter: Consent, the Immutability of DNA, and Canada’s Arriving Future +Investigative Genetic Genealogy and the Charter: Consent, the Immutability of DNA, and Canada’s Arriving Future Kate Robertson
- R v. Bykovets: The New Internet Protocol +R. v. Bykovets: The New Internet Protocol Noor Sohail & Andrew Ullock
- The Case for Abolishing/Abandoning the Common Law Peace Bond +The Case for Abolishing/Abandoning the Common Law Peace Bond David P. Cole
- When Good People Do Bad Things: Sentencing Offenders for Anti-Semetic Conduct in a Post October 7th World +When Good People Do Bad Things: Sentencing Offenders for Anti-Semetic Conduct in a Post October 7th World Jeffrey Leon
The Manitoba Law Journal
Issue 1: Pre-Print: The Current Legal Landscape (2026)
Measure for Measure: The Jurimetrics Project Csinsca, Steven R. A.;Schwartz, Bryan P.
Refuge: Canada’s Journal on Refugees
vol 41 no 1
- John Hartley, Tony Fang, Shanawaz Khan, Making a New Journey: Comparing the Settlement Experiences of Adult and Child Refugees in Atlantic Canada
- Rana Telfah, “I Am a Princess Who Moves Around a Lot”: Syrian Refugee Women and the Shifting Roles and Responsibilities During Early Settlement in Southwestern Ontario
- Fawziah Rabiah-Mohammed, Abe Oudshoorn, Yasmin Hussain, An Exploration of Integration Journeys, Identity, and Well-Being with Syrian Refugee Youth
- Zeynep Çirkin, Halis Sakiz, Pinar Çuhadar, Career Construction Experiences of Syrian Refugee Women in Turkish Higher Education: Opportunities and Obstacles
- Mateusz Krawczyk, Ana Beatriz Baselice Pelicioni, The Role of Art in the Liminal Setting of Nakivale Refugee Settlement, Uganda
- Adelina Binti Asmawi, Jasmine See, From Theory to Classroom: Implementing Translanguaging Pedagogy for Refugee Learners
Resources: The Newsletter of the Canadian Institute of Resources Law
The Impact and a Review of Canada’s Clean Electricity Regulations 129 Resources 1 – 10
McGill Law Journal
vol 70 no 3, 2025
- René Provost, Jeanne Mayrand-Thibert, Vers la reconnaissance d’une compétence autochtone en matière de justice pénale adolescente : origines croisées et principes partagés — Partie I
- Joel Bakan, Sujit Choudhry, Constitutional Labour Rights in the Gig Economy: Digital Platform Workers and Section 2(d) of the Charter
- Maneesha Deckha, Alexa Powell, Bending the Rules? Including Animals in a Substantive Account of the Rule of Law
- Catherine Oatway, Competing Constitutional Rights: Developing the Canadian Approach
- Poonam Puri, Corporations in the Crosshairs: Stakeholder Activism and the Role of Corporations in Society
UBC Law Revie
vol 58 no 3
- Sarah E Hamill, Actual Uses Versus Paper Owners: The Ontario Court of Appeal’s Decision in Kosicki v Toronto (City) in Context
- Leila Nasr, Is Aboriginal Title to Submerged Land “Cognizable” to the Canadian Common Law? Lessons from Sea Country Litigation in Australia
- Palma Paciocco, (How) Is Plea Bargaining Justified?
- Anthony Sangiuliano, Mark Friedman, What is the Standard of Review for (Mixed) Constitutional Questions?
- Stéphane Sérafin, Rights, Contract, and Consideration in the Civil Law and Common Law Traditions
- Kerry Wilkins, Some Conditions Apply: Domesticating Aboriginal Title
Wrongful Conviction Law Review
New Library Resources
Detecting Lies in Legal Proceedings: An Attorney’s Guide to Human Lie Detection by David B. Simpson
“People lie in legal proceedings, and in every scenario the common denominator is the same – it’s the lawyer who everyone expects to know how to separate truth from lies, fiction from fact. The problem? Most people – including lawyers – are notoriously poor lie detectors. The universal conclusion of decades of behavioural science research is that most of us are no better than a coin flip at spotting lies. But there is hope: studies say an ability to detect lies is not an immutable trait you have to be born with. It’s a skill, which means like any skill it can be learned, and if it can be learned, it can be mastered.
Detecting Lies explores lie signs validated by behavioural science research and road tested by litigators, law enforcement, and poker professionals. David B. Simpson draws on over 40 years as a litigator to explain why someone averting their eyes is not a sign of lying, but why beginning an answer with “truthfully” can be, or why accusing a witness of lying doesn’t help, but asking, “Are you an honest person?” can. This book includes exercises to practice and improve lie-spotting skills, and advanced strategies to outfox liars into unwittingly exposing themselves.” – from publisher
In a world rife with cameras and audiovisual technologies, photographers, both casual and professional, may often find themselves wondering where the legalities of their practices lie. In this groundbreaking book, respected legal author Robert Ratcliffe tackles these very questions. Photography and the Law is a comprehensive legal reference for photographers, covering key legal concepts encountered in the field. It addresses a wide range of topics, including copyright law, licensing, privacy, and risk management, with real-life examples and case studies to illustrate common challenges. In addition to his eminent legal career, Ratcliffe is an experienced amateur photographer, giving him a distinctive perspective on the intersection of photography and the law which shines through in this exhaustive sourcebook. This guide provides clear explanations of legal boundaries and practical advice to help photographers navigate their rights and responsibilities with confidence. Whether working in personal, editorial, or commercial photography, readers will gain the essential knowledge needed to protect their work, act ethically, and avoid legal pitfalls.” – from publisher
“This book offers a practical guide to the law with respect to section 11(b) of the Charter of Rights and Freedoms, tracing its evolution since the Supreme Court’s landmark decision in R. v. Jordan.
A Proactive Practitioner’s Guide to Section 11(b) of the Charter examines the Supreme Court of Canada’s landmark decision in R v. Jordan, exploring its profound impact on Section 11(b) Charter law and how it reshaped the understanding of unreasonable delay in criminal proceedings. Drawing on their extensive involvement in key litigation over the past eight years, Tracy Kozlowski and Joanne Stuart offer valuable insight into the development and clarification of the Jordan framework.
As transitional cases phase out of appellate courts and the criminal justice system recovers from pandemic-related strain, Section 11(b) litigation remains a critical issue in criminal law. The book examines key aspects of the Jordan framework and highlights unresolved issues that will continue to shape future litigation and legal interpretation. This comprehensive guide provides essential insight into the evolving jurisprudence, helping Crown counsel, defense lawyers, and judges navigate the complexities of Section 11(b) Charter litigation in the years to come.” – from publisher
The Evolution and Future of Money in Canada provides readers a better understanding of the evolving monetary regime in Canada from its early inception to the current emerging digital age.
Distinguished legal professor and lawyer Benjamin Geva builds on his expertise in the financial sector to provide a timely study of the Canadian economy. He looks at digital assets such as value-referenced crypto-assets as a potential source of private money, the impact of digital assets on payment systems, and the role of government and central banks in shaping monetary regulations in response to the emergence of digital assets. The Evolution and Future of Money in Canada endeavours to examine Canada’s history and extrapolate insights into our collective future. The book is designed to inform policy development and analysis related to the ongoing financial sector legislative review focused on the digitalization of money.
Geva builds on voluminous literature – from Canada and elsewhere – and yet fills a gap in existing research by integrating a legal perspective into a broad policy analysis addressing institutional and technological evolution. Ultimately, this book aims to play an essential role in guiding our future financial policies and legal principles, doctrines, and rules.” – from publisher
Addressing the Jury: Achieving Fair Verdicts in Personal Injury Cases. By Roger Oatley & Troy Lehman. 3rd ed.
Toronto: LexisNexis, 2025. xix, 438 p. Includesbibliographic references and index. ISBN 9780433531654 (softcover) $145.00.
Reviewed By
Lorissa Kinna
Reference Librarian
Great Library, Law Society of Ontario
“Addressing the Jury is an integral text for new lawyers starting out in personal injury, as well as for seasoned lawyers looking to improve their speaking skills in the courtroom. While most of the content is directed at plaintiff counsel (which reflects both authors’ expertise), strategies for defence counsel are also mentioned, particularly when they differ from plaintiff counsel. The text is accessible and
easy to read, and concepts are clearly explained, making the reader feel competent in the material, even without previous knowledge of the subject matter. While I’m not a lawyer, I found myself engaged with the content and fascinated by the various ways counsel can connect with the jury to advance their client’s case. Addressing the Jury would make a great addition to any practice-based law library.“
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Substantive Law
Aboriginal Law
Nelson v. Canada (Attorney General), 2025 MBKB 155: Plaintiff was granted a Representation Order (the “Order”) to bring forward the claim and represent a group of persons who are entitled to receive the annuity payment pursuant to Treaty 1 from the Crown. Issue Moving Parties ask to be excluded from the Order without prejudice to the Moving Parties’ respective rights and claims. Questions to be answered: whether the plaintiff (an individual) can prosecute the claim in this matter; and whether a claim to enforce treaty rights can be pursued in the context of a class action. In para. 63 of the decision, Grammond, J. writes:
“On the foregoing basis, and given the case authorities referenced above, including Behn and Restoule which are binding upon me, as well as Nepinak, I accept that the right to an annuity under Treaty 1 is a collective right that may be asserted by an individual beneficiary. The context of annuity payments made directly to individuals is distinct from cases involving collective rights that do not involve individual beneficiaries, and I reject the submission that BCRs were required from each of the Treaty 1 First Nations to proceed with this action. I have concluded that the plaintiff as a member of one of the Treaty 1 First Nations can bring this claim on behalf of the group of annuitants.” [links added].
Motion dismissed.
Administrative Law
Alexander v. Sabourin, 2025 MBCA 106: Plaintiff appeal of motion judge’s order staying action against the defendant, under rule 21.01(3)(a) of the MB, King’s Bench Rules, which concluded that the Manitoba Labour Board has exclusive jurisdiction over the dispute. Decision includes discussion of which claims fall under The Labour Relations Act. Issues raised related to the motion judge’s application of the law to the facts. After review, no palpable and overriding error were found. Appeal dismissed.
Bankruptcy Law
Sensible Capital Corp v. Galton Corporation, 2025 MBCA 107: Appeal of a bankruptcy order. White Oak Commercial Finance, LLC v Nygård Enterprises Ltd et al, 2023 MBCA 73 at para. 24 cited for standard of review. Appellant argued to application judge that granting a bankruptcy order does not promote the equitable distribution of assets nor enhance recovery for creditors. However, application judge highlighted the importance of the bankruptcy order, as it would permit a trustee to investigate. At para. 19, this Court says, “In our view, Galton is asking us to re-weigh the evidence and substitute our discretion for that of the application judge. That is not our role.” Appeal dismissed.
Civil Litigation
Ferland et al v. Bohemier et al, 2025 MBKB 157: Defendants motion to dismiss the action for long delay, or in the alternative, inordinate and inexcusable delay pursuant to Rule 24.02(1) of the Court of King’s Bench Rules. Plaintiffs argument turns on the computation provisions set out in Rule 3.01 and sections 22(4) and 24(1) of The Interpretation Act. The court dismissed the motion, finding plaintiffs had advanced the action within the extended deadline and that the delay was not unreasonable or prejudicial.
Constitutional Law
Shamattawa First Nation v. Canada (Attorney General), 2025 FC 1927: “[…] I find summary judgment in the present case, based on the extensive record before the Court, is appropriate. Accordingly, the Stage I Common Issue question is answered in the affirmative. I find there are both sui generis and ad hoc fiduciary duties owed by the Defendant to the Plaintiffs, as well as common law duties owed by Canada to the Class as individuals and as First Nations. I also find that sections 15, 7 and 2(a) of the Charter are engaged and that Charter duties exist by virtue of section 32(1) of the Charter. Lastly, I find that section 36 of the Constitution Act, 1982 is not engaged.” (para. 9)
St. Theresa Point First Nation v. Canada, 2025 FC 1926: “Summary judgment is appropriate on the facts of this case. Since I have found that on-reserve housing is an aboriginal interest, Canada consequently owes both a sui generis and ad hoc fiduciary duty to the Class Members both as individuals and to First Nations communities in a representative capacity.
I have also concluded that Canada also owes a common law duty of care to the Class Members.
Moreover, I find that sections 15, 7 and 2(a) and 2(c) of the Charter are engaged. I have done so without delving into a consideration of the tests applicable to each section and I have done so only on the basis of section 32(1) of the Charter. To engage more deeply with the legal tests would require me to delve into the determination of the scope and extent of such rights, and any breaches of such rights, which is a matter for the Stage II Common Issue determination. Moreover, with respect to section 7, I have found that there are special circumstances giving rise to both a positive right and negative right.
Lastly, I find that section 36 of the Constitution Act, 1982 has no application to this matter.” (para. 305-308)
Criminal Law
R v. JDW, 2025 MBKB 159: Sentencing decision for the offences of luring, sexual assault, and sexual interference. Discussion of consecutive or concurrent sentences for the offence of luring and the designated secondary offence (Criminal Code s. 172.1(1)(b)). Abel, J. relied in part on the guidance in R v Bertrand Marchand, 2023 SCC 26 and principles from R v. Friesen, 2020 SCC 9. It was determined that those offences should be served consecutively. Accused sentenced to 2 years incarceration, 2 years supervised probation, and ancillary orders.
R v. Steele, 2025 MBKB 158: Accused pled guilty to various firearms and controlled substances charges. Accused was arrested as part of Project Divergent. McKelvey, J. summarized the IRCA report and used the guidance in R. v. Morris, 2021 ONCA 680, ground the use of social context evidence. Parity is weighed carefully, highlighting ten cases (para. 72-80). A sentence of 21 years was reduced to 18 years after a “last look.”
R v. Ryan, 2025 MBKB 153: Accused is charged with three counts of conspiracy to traffic controlled substances, one count of conspiracy to possess proceeds of crime greater than $5,000, and one count of instructing a person to commit offences for a criminal organization. Accused was arrested as part of Project Divergent. Issues discussed concern the elements of conspiracy charges and how jurors should be instructed when considering conspiracy counts. Martin, J. highlights that a criminal conspiracy does not automatically equate to a criminal organization and observes the elements that prove a criminal organization as shown in R. v. Abdullahi, 2023 SCC 19. Accused was found guilty on all charges.
R v. Krulicki, 2025 MBKB 144: Appeal of conviction of failing to have due regard for safety while operating an emergency vehicle under section 106(4) of The Highway Traffic Act and sentence of a reprimand with costs waived. Standard of review is correctness. At para. 26, Lanchbery, J. writes, “Applying the standard in Cooke to the shifting factors faced by Krulicki as identified by the learned trial judge as noted above, these factors, especially Krulicki’s excessive speed, identify the increased risks to safety for herself and the public. Based on the learned trial judge’s finding, I find there was no misapprehension of the evidence by the learned trial judge.” Appeal dismissed.
R v. Barker-Young, 2025 MBPC 75: Accused pled not guilty to the charge of leaving the scene of a traffic accident that resulted in a fatality, contrary to s. 320.16(3) of the Criminal Code. Extended discussion about the phrases “operation of a conveyance” and “care or control,” as well as the actus reus, and had the mens rea required by s. 320.16(3) of the Code. The accused was found guilty as charged.
R v. T.M., 2025 MBPC 78: Sentencing of a young offender. The youth was found to be in possession of a firearm that had been previously used in a gang-related shooting. Discussion of committal to custody, (section 39(1)(d) of the Youth Criminal Justice Act) citing R. v. R.E.W., 2006 CanLII 1761 (ON CA) as the leading case. The framework for sentencing young people is set out in s. 3 and s. 38 of the YCJA. The youth was sentenced to a six-month deferred custody and community supervision order followed by an 18-month probation order.