News

  • Law360: AI hallucinations in the legal context  -“Lawyers practising across different areas of law now have an opportunity to become content creators at another level. But this gift comes with a caveat: legal creators must be ethically and professionally responsible for the content they produce. Lawyers must curate legal outputs rather than delegate everything to AI.”

  • Ceremonial opening of the judicial year – “In honour of its 150th anniversary, the Supreme Court of Canada hosted a ceremonial opening of the judicial year on October 6, 2025. Ceremonies to mark the start of a new session are held in some Canadian provinces and in many jurisdictions around the world. They provide an opportunity for the legal community to get together and reflect on current issues facing the justice system. This ceremony marked the first ceremonial opening of the judicial year at the Supreme Court since the mid-1980s.”

We are happy to announce that the library now has an updated catalog for browsing and finding legal resources.

Find the new catalog at https://21023.rmwebopac.com/

This new catalog will make it easier to find texts, commentary, and online ebooks. It still includes our collection of unreported Manitoba decisions but in an easier, more accessible format.

This also includes our collection of eBooks available on vLex. Currently direct linking is not available, but once you’ve found a text, log in to the member’s portal and enter the title in the search bar to bring up your ebook.

For help finding books, resources, research assistance, or even something not in our catalog email us at library@lawsociety.mb.ca

 

New Collection – National Committee on Accreditation (NCA)

The library has a new collection of texts for internationally trained lawyers completing there licencing through the National Accreditation Association. The collection consists of the required texts for NCA courses and will only be available for circulation by NCA candidates. Lawyers and library users will have access to these texts within the library.

Print Titles include:

All other required titles are available as eBooks.

Call 204-945-1958 or Email library@lawsociety.mb.ca for more information

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 criminal law with this popular title available from LexisNexis.

Aboriginal Law Netletter

A monthly current awareness service providing comprehensive coverage of all significant new Canadian court decisions on aboriginal law and related procedural issues added recently to Lexis+. Issues are added on the 15th of the month.

The latest issue highlights matters on:

Aboriginal Lands –  Constitutional issues (Mid-West Design & Construction Ltd. v. Inuvialuit Regional Corp.

Communities and Governance – Self-governance – Elections (Rabbitskin v. Big River First Nation

Communities and Governance – Self-governance – Councils (Key v. Cote

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

Banking and Financial Law Review
  • Legal and Ethical Standards in Corporate Insolvency, Elizabeth Streten, (Routledge, 2024), 240 pp., CAD $190 (Hardback) 41 B.F.L.R. 481 Dr Catherine Robinson
  • International Monetary and Banking Law Post COVID-19, William Blair, Chiara Zilioli, and Christos V. Gortsos, (Oxford University Press, 2023), 544 pp., CAD $255 (Hardcover) 41 B.F.L.R. 475 Marta Boz̆ina Beros̆
  • Allocation of Liability between Merchant and Acquirer in Cases of Fraudulent Payments B.G.A.N. Fashion Ltd. v. Isracard Ltd. (Israel, 2024) 41 B.F.L.R. 443 Prof. Ruth Plato-Shinar
  • Environmental Remediation Obligations in Bankruptcy: The Uncertainty That Remains after Qualex 41 B.F.L.R. 433 Jassmine Girgis , Robyn Gurofsky
  • Corporate Structure and Banking Resolution: Analysing the Case of Financial Conglomerates, Marcelo J. Sheppard Gelsi, (Switzerland: Palgrave Macmillan, 2024), 397 pp., GBP £119.99 41 B.F.L.R. 463 Daniele D’Alvia
  • Financial Services Contracts in EU Law, Federico Della Negra, (Oxford University Press, 2024), 384 pp, CAD $200 (Hardback) 41 B.F.L.R. 485 Elena Sedano Varo
  • The Limits and Logic of Agency Theory in Company Law, Jonathan Hardman, (Abingdon, UK: Routledge, 2025), 252 pp., USD $180 (Hardback) 41 B.F.L.R. 469 Philip Gavin
  • Poonian and the Treatment of Administrative Penalties and Disgorgement Damages by Securities Commissions in a Bankruptcy Discharge 41 B.F.L.R. 451 Jassmine Girgis , Thomas G.W. Telfer
  • Eurobank Ergasias S.A. v. Bombardier Inc. — After a Lengthy Absence, the Supreme Court of Canada Reviews the Law Relating to Letters of Credit 41 B.F.L.R. 365 Steven Jeffery
  • FedNow: Just Another Payment Rail or an Interstate Payment Highway? 41 B.F.L.R. 399 Sathya Gunawardana
Canadian Journal of Law and Technology
  • From Code to Compliance: Regulating DAOs in Canada — Legal Frameworks and Challenges 23 Can. J. L. & Tech. 1 Gulnoza Abdurakmonova
  • Balancing the Use of AI with Canadian Privacy Rights: An Analysis of Personal Information Collection through Emerging AI Tools 23 Can. J. L. & Tech. 107 Tamie Dolny, Methura Sinnadurai
  • Recommended for You Streaming Platform Recommendation Algorithms and Consumer Rights 23 Can. J. L. & Tech. 41 Margaret Wilson
  • Navigating the Shadows: Evaluating Privacy Protections against Dark Patterns 23 Can. J. L. & Tech. 65 Matt Gaulton , Dominique Kelly , Dr. Jacquelyn Burkell
  • Considering the Concept of Law in the Legal Singularity 23 Can. J. L. & Tech. 117 Matthew C. Tse
Criminal Law Quarterly
  • 339 — Public Order Policing in Canada — Filling Legal Gaps by Court or Parliament? 73 C.L.Q. 339 Clemens Arzt
  • 313 — Reconceptualizing — The Role of the Conviction in Canadian Adult Sentencing Law 73 C.L.Q. 313 David Cole
  • 375 — AI and Intellectual Property in Criminal Process — An Analysis of Competing Rights 73 C.L.Q. 375 Christopher Kozak
  • 278 — Cell Phone Searches Incident to Arrest: Revisiting R. v. Fearon Ten Years Later 73 C.L.Q. 278 Colton Fehr
  • 409 — Bill C-2 Backgrounder: New Search Powers in the Strong Borders Act and Their Charter Compliance 73 C.L.Q. 409 Robert Diab
  • 270 — Editorial 73 C.L.Q. 270 Colton Fehr and Lisa Kelly

New Library Resources

New Print Titles

A Basic Guide to Canadian Family Law

Reclaiming Anishinaabe Law : Kinamaadiwin Inaakonigewin and the treaty right to education

 In Reclaiming Anishinaabe Law Leo Baskatawang traces the history of the neglected treaty relationship between the Crown and the Anishinaabe Nation in Treaty #3, and the Canadian government’s egregious failings to administer effective education policy for Indigenous youth–failures epitomized by, but not limited to, the horrors of the residential school system. Rooted in the belief that Indigenous education should be governed and administered by Indigenous peoples, Baskatawang envisions a hopeful future for Indigenous nations where their traditional laws are formally recognized and affirmed by the governments of Canada. Baskatawang thereby details the efforts being made in Treaty #3 territory to revitalize and codify the Anishinaabe education law, kinamaadiwin inaakonigewin. Kinamaadiwin inaakonigewin considers education wholistically, such that it describes ways of knowing, being, doing, relating, and connecting to the land that are grounded in tradition, while also positioning its learners for success in life, both on and off the reserve. As the backbone of an Indigenous-led education system, kinamaadiwin inaakonigewin enacts Anishinaabe self-determination, and has the potential to bring about cultural resurgence, language revitalization, and a new era of Crown-Indigenous relations in Canada. Reclaiming Anishinaabe Law challenges policy makers to push beyond apologies and performative politics, and to engage in meaningful reconciliation practices by recognizing and affirming the laws that the Anishinaabeg have always used to govern themselves.”-

Indictment : the criminal justice system on trial

“#MeToo. Black Lives Matter. Decriminalize Drugs. No More Stolen Sisters. Stop Stranger Attacks. Do we need more cops or to defund police? Harm reduction or treatment? Tougher sentences or prison abolition? The debate about Canada’s criminal justice system has rarely been so polarized — or so in need of fresh ideas. Indictment brings the heart-rending and captivating stories of survivors and offenders alike to the forefront to help us understand why the criminal justice system is facing such an existential crisis. Benjamin Perrin draws on his expertise as a lawyer, former top criminal justice advisor to the prime minister, and law clerk at the Supreme Court of Canada to investigate the criminal justice system itself. Indictment critiques the system from a trauma-informed perspective, examining its treatment of victims of crime, Indigenous people and Black Canadians, people with substance use and mental health disorders, and people experiencing homelessness, poverty, and unemployment. Perrin also shares insights from others on the frontlines, including prosecutors and defence lawyers, police chiefs, Indigenous leaders, victim support workers, corrections officers, public health experts, gang outreach workers, prisoner and victims’ rights advocates, criminologists, psychologists, and leading trauma experts. Bringing forward the voices of marginalized people, along with their stories of survival and resilience, Indictment shows that a better way is possible.”

The Law of Equitable Remedies - Third edition
A Basic Guide to Canadian Family Law

Noise : a flaw in human judgment

“In Noise, Daniel Kahneman, Olivier Sibony, and Cass R. Sunstein show the detrimental effects of noise in many fields, including medicine, law, economic forecasting, forensic science, bail, child protection, strategy, performance reviews, and personnel selection. Wherever there is judgment, there is noise. Yet, most of the time, individuals and organizations alike are unaware of it. They neglect noise. With a few simple remedies, people can reduce both noise and bias, and so make far better decisions.”

Book Reviews

Review taken from the Canadian Law Library Review, Vol.50, Issue 2

Legal Aid and the Future of Access to Justice

How to Use Digital Learning with Confidence and Creativity: A Practical Introduction. Edited by Gearóid Ó Súilleabháin, Donna Lanclos & Tom Farrelly. Cheltenham, U.K.: Edward Elgar, 2024. 362 p. Includes bibliographic references and index. ISBN 9781035311286 (hardcover) US$180.00; ISBN 9781035360543 (softcover) US$53.95; ISBN 9781035311293 (eBook) US$43.16.

 

Reviewed By

Brianna Calomino
Digital Projects Librarian Digital Scholarship University of Calgary

“How to Use Digital Learning with Confidence and Creativity aims to provide a broad, accessible, and holistic introduction to the ever-expanding landscape of digital learning with practical advice from diverse perspectives.

Divided into three sections, the book includes contributions from different continents, though primarily in an Anglophone and Global North context. Section I: Technology tackles essential technology platforms and tools and the larger context of trends in digital learning. The overall tone of this section is refreshingly succinct, honest, and even humorous as authors demystify artificial intelligence, big data, learning management systems, and hybrid learning tools. These essays offer broader advice applicable to readers in different institutions and roles.”

Events

Substantive Law

Civil Litigation

Goldman v Wang, 2025 MBCA 87 : Decision on motion for an extension of time to file a notice of appeal pursuant to rule 42 of the MB, Court of Appeal RulesDelichte v Rogers2018 MBCA 79 lays out the four factors to consider when an extension for time is requested. Turner, J. found sufficient reasons to grant an extension, but laid out strict guidelines regarding what can be included in the appeal.

Corporate and Commercial Law

Farmers Edge Inc. v. Precision Weather Solutions Inc., 2025 MBKB 113: Decision regarding motion to strike key aspects of counterclaim or alternately refuse to allow counterclaimant to adduce evidence it has not yet produced. Issues are breach of contract for failing to pay accounts, infringement of IP and related breach of trust. Infringement claim was struck for noncompliance with rules or orders; Cobbe’s Plumbing & Heating Ltd. v. Westfair Properties Ltd. 2004 MBQB 31 and Falcon Lumber Limited v. 2480375 Ontario Inc. (GN Mouldings and Doors), 2020 ONCA 310 cited for applicable principles. Issue of breach of contract to go to trial.

Criminal Law

R v. Ducharme,2025 MBCA 85: Principal issue on appeal concerns privacy rights; specifically, whether an extended visitor had a reasonable expectation of privacy in their host’s residence for the purposes of section 8 of the Canadian Charter of Rights and Freedoms.  Discussion of the accused application of the principles in R v. Jones, 2017 SCC 60, in which the SCC decided that an accused can rely on the Crown’s theory of an accused’s guilt for the purpose of establishing their subjective expectation of privacy in the subject matter of the search. Appeal dismissed.

R v. Mrozik, 2025 MBPC 54: Accused pled guilty to possessing child pornography. Accused lives with multiple mental health disorders, including level 1 (mild) autism spectrum disorder (ASD). At para. 94 and 95 Carlson, P.J. discusses other cases that have examined “the nexus between mental health of offenders and the possession of child pornography and related offences.” It is shown that seldom do mental health struggles and ASD lower moral culpability.

Family Law

Cai v. Liu, 2025 MBKB 118: Report on separation date. Field v. McLaren, 2009 MBQB 118 cited as confirmation that is it settled law that only one of the parties needs to have the intention to separate to sever the relationship. Melnyk v. Melnyk, 2010 MBQB 121 covers the principles for parties alleged to be living separate and apart under the same roof.

Wills, Trusts, and Estates

Graham v. Flett, 2025 MBKB 119: Question of a valid testamentary disposition concerning a joint tenancy of a property. Pecore v. Pecore2007 SCC 17 and Bowes v. Estate of Bowes2022 MBQB 47 cited to review the principles to be applied when addressing the presumption of a resulting trust. Transferor’s actual intent and legal versus beneficial ownership discussed (Berry v. Berry et al., 2025 MBKB 32).

Legislation

Federal

Recent Votes

#40 Failed Opposition Motion (Passage of Bill C-242)
#39 Failed Opposition Motion (Food taxation)

#38 Failed Opposition Motion (Constitutional powers of Quebec and the provinces)

#37 Failed Opposition Motion (Oil and gas emissions cap)
#36 Passed C-3 2nd reading of Bill C-3, An Act to amend the Citizenship Act (2025)
#35 Failed Opposition Motion (Violent crime and repeat offenders)

Status changes of bills

BILL NO. BILL TITLE 1ST READING 2ND READING 3RD READING 1st READING 2nd READING 3rd READING ROYAL ASSENT
C-8

An Act respecting cyber security, amending the Telecommunications Act and making consequential amendments to other Acts

Jun 18, 2025 Oct 3, 2025
C-9

Combatting Hate Act

Sep 19, 2025 Oct 1, 2025
C-12

Strengthening Canada’s Immigration System and Borders Act

Oct 8, 2025  
S-210

Ukrainian Heritage Month Act

May 28, 2025 Sep 25, 2025 Oct 1, 2025 Oct 8, 2025
S-227

Arab Heritage Month Act

Jun 5, 2025 Oct 2, 2025 Oct 8, 2025
S-228

An Act to amend the Criminal Code (sterilization procedures)

Jun 5, 2025 Jun 16, 2025 Oct 2, 2025

Provincial

New Regulations 

Number Title Published Registered
72/2025 Processing Potato Fee Regulation, amendment 3 Sept. 2025 3 Sept. 2025
73/2025 Overproduction Potato Penalties Regulation, amendment 3 Sept. 2025 3 Sept. 2025
74/2025 Technical Safety Regulation 12 Sept. 2025 12 Sept. 2025
75/2025 Hunting Seasons and Bag Limits Regulation, amendment 15 Sept. 2025 15 Sept. 2025
76/2025 Hunting Seasons and Bag Limits Regulation, amendment 18 Sept. 2025 19 Sept. 2025
77/2025 Designation of Wild Animals Regulation, amendment 22 Sept. 2025 22 Sept. 2025
78/2025 Exotic Wildlife Regulation, amendment 22 Sept. 2025 22 Sept. 2025
79/2025 Trapping of Wild Animals Regulation, amendment 22 Sept. 2025 22 Sept. 2025
80/2025 Chicken Broiler Penalty Levies Regulation, amendment 22 Sept. 2025 22 Sept. 2025
81/2025 Image Capturing Enforcement Regulation, amendment 26 Sept. 2025 26 Sept. 2025
82/2025 Child Care Regulation, amendment 26 Sept. 2025 26 Sept. 2025
83/2025 Capital Planning Region Regulation, amendment 2 Oct. 2025 2 Oct. 2025
84/2025 Capital Planning Region — Regional Member Municipalities Regulation 2 Oct. 2025 2 Oct. 2025
85/2025 Inland Port Special Planning Area Regulation, amendment 2 Oct. 2025 2 Oct. 2025