News

Question of the Month

QoM: What is the Duty to consult in Manitoba?

The recent decision of Chief Doreen Spence et al. v. The Minister of Environment, Climate and Parks et al., 2026 MBKB 112  deals with the Crown’s duty to consult and accommodate in the context of long-running infrastructure projects.

Tataskweyak Cree Nation argued that Manitoba had failed to adequately address potential impacts on Treaty 5 rights, including fishing, hunting, trapping, harvesting, travel, cultural practices, and traditional knowledge. The court accepted that the duty to consult had been triggered but found Manitoba’s consultation process reasonable. The court focused on the decision to issue the final licence rather than the project’s original construction or every historical effect of the Churchill River Diversion Project.

The Manitoba Law Library has several resources that can assist lawyers working on similar matters dealing with duty to consult and administrative decisions.

• Imai, Aboriginal Law Handbook — 5th ed.
• Macaulay , Aboriginal And Treaty Rights Practice
• Isacc, Aboriginal Law, 5th ed.
• Hogg, Constitutional Law of Canada — consult the chapters on section 35, the honour of the Crown, Aboriginal and treaty rights, and constitutional remedies.
• Blake, Administrative Law in Canada, 7th ed.
• Sullivan , Construction of Statutes
• Van Harten,  Administrative Law. 9th ed. : cases, text, and materials
• Brown and Evans, Judicial Review Of Administrative Action In Canada
• Benidickson, Environmental Law — 5th ed. (vLex)

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. 

Court Notices & Practice Directions

Court of King’s Bench

Practice Directions

• September 15, 2026 – Detention Review Hearings Under Sections 520 and 525 of the Criminal Code
• September 3, 2026 – Consent Variations to judicial interim release
  • Form – Application to vary by Consent

Provincial Court

Notices

• September 9, 2026 – Provincial Offences and Section 810 Criminal Code Peace Bond Applications
• September 9, 2026 – Changes to Courtroom Designations and Reductions of Circuit Sittings

New Library Resources

New Digital Titles

“Family law is a changing and dynamic field. In the twenty-first century, Canadian families encounter new challenges. Two-income families, with or without children, high divorce and remarriage rates, and the increasing incidence of unmarried cohabitation, whether involving opposite- or same-sex couples, have fostered new family structures and radical legal reforms. At the same time, there has been increased recognition of the inherent limitations of the law in regulating marriage and the family.

The eleventh edition of Canadian Family Law is a companion volume to Payne and Payne’s Child Support Guidelines in Canada, 2026. Written by leading Canadian family law experts Julien D. Payne and Marilyn A. Payne, this text examines the impact of recent judicial decisions and fundamental changes to the Divorce Act and provides insights into how family law is evolving to address the changing nature of families and relationships and the challenges they face. Updates to this edition also reflect important new trial and appellate decisions across Canada on a variety of issues, including spousal support, child support, and grandparental contact orders, and legislative amendments in 2019 relating to parenting disputes.” – from publisher

Open access (OA) publishing helps break down the barriers that traditionally limit who can read and engage with legal scholarship. It expands access for practitioners, community advocates, and the public. In a field where transparency and accountability matter, OA can strengthen the democratic function of law by making knowledge more widely available.

Independent Police Accountability Bodies: Comparative Perspectives on Complaints Against the Police

edited by Johansen, et al.; Routledge, 2026

“This book provides a detailed comparative analysis of Independent Police Complaints Bodies (IPCBs) in Canada, France, Germany, Japan, and the UK. It explores the distinctive political, cultural, and institutional contexts shaping police accountability arrangements within each country, as well as the transnational dynamics behind the remarkable proliferation of IPCBs over the past three decades, assessing the prospects for future convergence around international standards.

Drawing on findings from the international project ‘Police Accountability: Towards International Standards’, the book examines the inherent dilemmas and challenges in the everyday functioning and dynamics of IPCBs. Each chapter presents integrated comparative analysis of key themes co-written by experts on police accountability in Canada, France, Germany, Japan, and the UK. The scholars involved approach the topic from range of scholarly disciplines: police studies and public administration, law, sociology, human geography, and history. Its qualitative comparative analysis adds to the existing literature on IPCBs based on single-country research.” [Publishers description]

Full access available at:
Taylor & Francis

Book Reviews

Review taken from the Canadian Law Library Review,vol 51 no 2

How to Succeed (and Stay Human) in Law School: Pathways to Happiness and High Performance in the Study and Practice of Law.
By Lynda Collins. Toronto: Emond, 2025. 160 p. Includes appendices and selected resources. ISBN 9781774625590 (softcover) $31.00; ISBN 9781774625606 (eBook) $31.00.

Reviewed By
Katarina Daniels
Research Lawyer, Library Services Lead Davies Ward Phillips & Vineberg LLP

“In How to Succeed (and Stay Human) in Law School, Lynda Collins, a professor at the University of Ottawa’s Faculty of Law and the creator of Ontario’s first full-credit law school course in “happiness and the law,” provides a much-needed handbook on the human side of legal education. Drawing on scientific research, decades of personal experience, and student reflections, Collins advances the thesis that a happy law student is more likely to be a successful law student.

…

All in all, How to Succeed (and Stay Human) in Law School is an accessible and engaging read that encourages its readers to rethink their approach to law school, their legal careers, and their future happiness. Collins has produced a thoughtful and practical resource that fills a significant gap in legal education literature at a time when students and young lawyers are struggling with mental health concerns

Click here for the full review

Events

Upcoming Events

Substantive Law

Administrative Law

Zaki v. University of Manitoba, 2026 MBKB 118: Judicial review of University Discipline Committee (UDC) decision to expel applicant for breaching the professional obligations of a medical student. Questions of whether the UDC has jurisdiction over the applicant’s conduct on social media, there was a reasonable apprehension of bias (test found in Committee for Justice and Liberty v. Canada (National Energy Board), 1976 CanLII 2 (SCC)), and the applicants s. 2(a) Charter rights in relation to the University’s definition of unprofessional conduct. The UDC decision was quashed but not remitted. Grammond, J. conducted an analysis pursuant to Doré v. Barreau du Québec, 2012 SCC 12. It was determined the applicant engaged in unprofessional conduct and that expulsion is the appropriate penalty.

Chief Doreen Spence et al. v. The Minister of Environment, Climate and Parks et al., 2026 MBKB 112: Application for judicial review of decision of the Minister of Environment, Climate and Parks to issue a final licence for the Churchill River Diversion Project to the Manitoba Hydro-Electric Board pursuant to s. 43 of the Water Power Regulation. Applicant claims the Minister’s decision was made in breach of the Crown’s duty to consult and accommodate. The test relating to the duty to consult is set out in Rio Tinto Alcan Inc. v. Carrier Sekani Tribal Council, 2010 SCC 43. It was found that the consultation was adequate.

Prasad v. Manitoba (Labour and Immigration), 2026 MBKB 110: Judicial review of Manitoba Provincial Nominee Program decisions. Applicant argues he was denied procedural fairness, the decision-maker improperly fettered its discretion (Thamotharem v. Canada (Minister of Citizenship and Immigration) (F.C.A.), 2007 FCA 198 ), and the decisions were unreasonable. Requirements of the duty of fairness in administrative decision making depend on a variety of contextual factors, which are summarized in Jiang v. Manitoba (Minister of Labour and Immigration) et al., 2014 MBCA 27. Standard of review for the substance of the decision is reasonableness (Vavilov, 2019 SCC 65). It was found procedural fairness was breached as eligibility criteria was not clearly indicated and the decision maker failed to engage with the applicant’s particular circumstances. Decisions quashed and remitted to MB Provincial Nominee Program.

Sarwary v. The Law Society of Manitoba et al., 2026 MBKB 107: Applicant seeks judicial review of two administrative decisions arising out of a complaint she made against her former lawyer to The Law Society of Manitoba. Issues of standing: Wang v. Law Society of Alberta, 2026 ABCA 62 is cited for its affirmation that in the case of a complainant in professional regulatory proceedings, complainants can seek a review of the procedural fairness of the decision, not the decision itself. The leading authority on procedural fairness is Baker v. Canada (Minister of Citizenship and Immigration), [1999] CanLII 699 (SCC). At para. 33, Kotler, J. writes, “[…] the disciplinary process is a matter between the lawyer and the regulator, not the lawyer, the regulator and the client.  The applicant is not a party to the process and does not have standing to challenge it.” An exception is noted in the case of public interest standing as in Canada (Attorney General) v. Downtown Eastside Sex Workers United Against Violence Society, 2012 SCC 45, however that was not found to be applicable to this case. Application dismissed.

Civil Litigation

R v. Richert, 2026 MBPC 59: Regarding a ticket under The Highway Traffic Act (HTA) for having obstructed a roadway without appropriate warning devices. Consideration of what constitutes an “obstruction,” within the meaning of section 217(4) of the HTA. Ontario (Ministry of Labour) v. Wal-Mart Canada Corp., 2016 ONCJ 267, referenced for comments on interpreting the meaning of an “obstruction” in an employment law case. In this case, an electrical cord running from a home, across the street to a vehicle was found to be an obstruction.

Canadian Broadcasting Corporation. v. Attorney General of Canada, 2026 MBPC 56: Applicant applied to unseal applications and supporting affidavits relating to the investigation conducted by the RCMP. In each case the authorization granted was a production order. Respondent supplied redacted materials. Applicant does not agree with reasons given for some of the redactions. Onus is on the respondent on a balance of probabilities to satisfy the court that maintaining the sealing orders outweigh the importance of the open court principle (A.G. (Nova Scotia) v. MacIntyre, 1982 CanLII 14 (SCC)). The Dagenais / Mentuck test applies to all applications seeking to limit the openness of court proceedings. Although the redactions were found to be appropriate, the sealing orders were varied to remain sealed for two more years rather than in perpetuity.

T.L.K.N. v. M.B., 2026 MBKB 111: Respondent seeks a determination of the constitutionality as to whether ss. 2(2) and 2(3) of the Domestic Violence and Stalking Act permits a court to find that a child under age 12 could be found to be stalking another child in a without notice proceeding. The challenge is founded on respondent’s s. 7 liberty rights per the Canadian Charter of Rights and Freedoms. The DVSA was found to be constitutionally valid legislation in Baril v. Obelnick, 2007 MBCA 40. Baril uses a two-step analysis to determine whether the DVSA potentially infringes a respondent’s s. 7 liberty interests. Discussion of if a s. 7 breach exists, is it justified under s. 1 of the Charter (test found in R. v. Oakes, 1986 CanLII 46 (SCC)). Finding that the criminal-law concepts of diminished moral culpability and mens rea do not transfer to this civil context (para. 42-50). Dismissed.

Criminal Law

R v Comber, 2026 MBCA 75: Discussion of the sentencing principles applicable to manslaughter. Quebec (Attorney General) v Denis, 2026 SCC 25 cited regarding proportionality, the punitive aims (denunciation and deterrence) and the restorative aims (rehabilitation, reparation and the promotion of responsibility) of sentencing. Sentencing ranges as a starting point are discussed, citing R v Parranto, 2021 SCC 46. At para. 36-42, case law illustrates the general range for manslaughter committed with a firearm where circumstances more closely resemble murder than accident, exceeds 10 years imprisonment. A sentence of 12 years imprisonment, less time served in pre-sentence custody, was found to be appropriate

Family Law

E.C.M.M. v. B.J.W., 2026 MBKB 109: Petitioner motion pursuant to KB Rule 60.10 to find the respondent in contempt of the final order. Doyle, J. clearly outlines the applicable principles for making a finding of contempt at para. 7-16. At para. 48, Doyle, J. writes, “A lesser more proportionate remedy should have been pursued in this case.  It has been well accepted that contempt is a “an enforcement power of last resort rather than first resort.”” Motion dismissed.

Labour and Employment Law

Moore et al. v. Eagle et al., 2026 MBKB 116: Issues of the validity and enforceability of two clauses of a “Realtor Agreement”, are the “commission clause” and a “non-solicitation clause” restrictive covenants and if so, does it constitute an unreasonable restraint of trade? The test regarding restrictive covenants is summarized in One Insurance Group Ltd. v. Roy et al., 2018 MBQB 190 and Vesturland Development Ltd et al v Gimli (Rural Municipality) et al, 2021 MBCA 45, is cited regarding the goal of contractual interpretation. A distinction is made between restrictive covenants related to the sale of a business and those related to an employment contract, citing Shafron v. KRG Insurance Brokers (Western) Inc., 2009 SCC 6. The commission clause was found to significantly restrains business activity through conditions affecting a potentially large, undefined class, without temporal or geographic limits. The non-solicitation clause was found to be clear as it reasonably protects the client base within defined geography and a one-year duration. 

Wills, Trusts, and Estates

Kostynyk v. Kostynyk, 2026 MBKB 120: At issue: the entitlement to reimbursement for legal fees incurred by both parties, and of the respondent for compensation for services as Attorney. It was found that the respondent’s legal fees should be paid mostly by the estate, in keeping with principle set out in Re Parkinson Estate, 2024 MBCA 52, but clarified that the right of a fiduciary to be indemnified is not absolute. Only a portion of the applicants legal fees were ordered to be reimbursed as this was a high-conflict matter in which both parties were unreasonable at times. Compensation for services of an attorney is not addressed in The Powers of Attorney Act, but a review of Manitoba cases shows it can be appropriate. Parkinson is cited for it’s use of trustee compensation principles and compensation is allowed.

Legislation

Federal

Recent Votes

See here for the latest activity.

Provincial

The House adjourned on June 1, 2026.

The 3rd Session of the 43rd Legislature will reconvene Tuesday, September 29th, 2026 at 10:00 a.m.

Current Bills    |    Bill Status

New Regulations