Library Closure: May 21

The Library will be closed on Monday, May 21st.

Lawyers may access the library between 10:00 a.m. and 5:00 p.m. by signing in at the security desk.

Regular hours resume on Tuesday.

Gladue Reports Database coming…in Saskatchewan

Gladue reports are pre-sentencing or bail hearing reports which take into account Indigenous offenders’ background on sentencing. They stem from a landmark 1999 Supreme Court of Canada decision. The University of Saskatchewan has developed a research database to assist Gladue report writers by making them easier and less costly to prepare. Access to the database is by subscription, which revenue will be used to hire students to update the database.

The new Gladue Rights Research Database provides lawyers, researchers and others with instant access to the insights and conclusions of more than 500 academic works related to the history of settler colonialism in Saskatchewan. It also includes a large and growing body of oral history resources and key archival documents.

Robson Hall at the University of  Manitoba has developed a Gladue Handbook to help report writers in Manitoba.

This is a really interesting and exciting development for the protection of Gladue rights.

News release from University of Saskatchewan

 

Legislative Updates – New Bills

The Government of Manitoba recently introduced the following bills:

Third Session, Forty-First Legislature

Bill 22: The Queen’s Counsel Act

Queen’s Counsel (Q.C.) is an honorary title bestowed on a lawyer to recognize exceptional merit in their profession. A Queen’s Counsel is appointed by Cabinet on the advice of the Minister of Justice and Attorney General. Before giving that advice, the minister must consult with an advisory council.

A new Act is established and consequential amendments are made to The Legal Profession Act.

Bill 23: The Commodity Futures Amendment and Securities Amendment Act

This Bill amends The Commodity Futures Act and The Securities Act.

After holding a hearing, the Manitoba Securities Commission may file an order in the Court of Queen’s Bench. The order may then be enforced as if it were a judgment of the court.

The Bill further amends the two Acts to make the following changes with respect to self-regulatory organizations recognized by the Manitoba Securities Commission:

  • allowing a party affected by a decision of a self-regulatory organization to apply to the Commission for a review of the decision;
  • allowing a decision of a self-regulatory organization to be filed in the Court of Queen’s Bench and enforced as if it were a judgment of the court;
  • providing immunity to a self-regulatory organization for actions taken in good faith under a power or duty assigned to the organization under Manitoba securities law.

Bill 24: The Social Services Appeal Board Amendment Act

This Bill adds a provision to The Social Services Appeal Board Act stating that the appeal board has no jurisdiction to consider constitutional challenges to legislation or to grant remedies under the Canadian Charter of Rights and Freedoms.

Bill 25: The Non-Smokers Health Protection and Vapour Products Amendment Act (Prohibiting Cannabis Consumption in Outdoor Public Places)

This Bill amends The Non-Smokers Health Protection and Vapour Products Act to prohibit the smoking or vaping of cannabis in outdoor public places and other places specified by regulation. Prohibitions relating to cannabis apply to areas under federal jurisdiction.

The title of the Act is changed to reflect the broader regulation of smoking and vaping. Consequential amendments are made to three Acts because of the title change.

Bill 26: The Impaired Driving Offences Act (Various Acts Amended)

On April 13, 2017, the federal government introduced Bill C-46, which adds several new offences to the Criminal Coderelated to driving while impaired by drugs, including cannabis. Bill C-46 also modernizes the provisions that deal with drug- and alcohol-impaired driving.

This Bill follows the structure and timing of Bill C-46.

The Drivers and Vehicles Act and The Highway Traffic Act are amended to include the new criminal offences in relation to administrative driver’s licence suspensions and disqualifications for impaired driving.

The list of offences that must be reported to the Registrar of Motor Vehicles is updated, along with the list of suspensions and disqualifications that may be appealed to the Licence Suspension Appeal Board.

Novice drivers are prohibited from driving if they fail a roadside drug screening test.

The Manitoba Public Insurance Corporation Act is amended to update the list of offences for which a conviction reduces or cancels the entitlement to receive compensation under that Act.

Consequential amendments are made to The Blood Test Act and The Provincial Offences Act.

Bill 27: The Fiscal Responsibility and Taxpayer Protection Amendment Act

The Fiscal Responsibility and Taxpayer Protection Act requires the government not to incur a deficit greater than the baseline amount and penalizes ministers by reducing their salaries if the deficit is not reduced by at least $100 million each year.

This Bill amends the Act:

  • to correct an anomaly in the definition “baseline amount” as a result of which salaries for the current fiscal year would be reduced even if the deficit were to come in at least $100 million under budget;
  • to remove a disincentive against reducing the deficit by more than $100 million a year;
  • to require all salary reductions under section 8 of the Act to be reported in the public accounts;
  • to clarify that the ministerial salary reduction is the only consequence of a deficit that contravenes the Act; and
  • to provide for the repayment of any salary reductions if the deficit is eliminated in the 2024-2025 fiscal year or earlier.

The Bill allows the government to adjust the deficit or surplus for the purposes of the Act by excluding a one-time deficit or reduction in revenue greater than $25 million that results from changes in public sector accounting standards or in what is included in summary financial statements.

Bill 28: The Public Sector Construction Projects (Tendering) Act

This Bill concerns tenders issued by government and other public sector bodies in relation to construction projects.

It prohibits the issuing of a tender that would require the successful bidder to employ unionized employees or non-unionized employees for work on the project.

Related amendments are included.

 

Legislative Update – New Proclamations

The Government of Manitoba proclaims the following:

    1. The Red Tape Reduction and Government Efficiency Act  (section 7)
    2. The Red Tape Reduction and Government Efficiency Act  (section 2)
    3. The Advocate for Children and Youth Act (whole Act except section 1, insofar as it enacts clauses (b) to (e) of the definition “reviewable service” and section 21)
    4. The Cannabis Harm Prevention Act (various Acts amended) (Part 5)
    5. The Manitoba East Side Road Authority Repeal Act (whole Act)
    6. The Health Sector Bargaining Unit Review Act (whole Act)

 

The Red Tape Reduction And Government Efficiency Act (section 7)

With the advice and consent of the Executive Council of
Manitoba, we name April 1, 2018, as the day on which
section 7 of The Red Tape Reduction and Government
Efficiency Act, 2017 (S.M. 2017, c. 34) comes into force.

This Act amends several Acts and repeals three Acts to reduce or eliminate regulatory requirements or prohibitions and to streamline government operations. A number of other Acts are amended to remove references to a repealed Act.

The Red Tape Reduction And Government Efficiency Act (section) 2

With the advice and consent of the Executive Council of
Manitoba, we name March 15, 2018, as the day on which
section 2 of The Red Tape Reduction and Government
Efficiency Act, 2017 (S.M. 2017, c. 34) comes into force

This Act amends several Acts and repeals three Acts to reduce or eliminate regulatory requirements or prohibitions and to streamline government operations. A number of other Acts are amended to remove references to a repealed Act.

The Advocate For Children and Youth Act

With the advice and consent of the Executive Council of
Manitoba, we name March 15, 2018, as the day on which The
Advocate for Children and Youth Act (S.M. 2017, c. 8),
except section 1 insofar as it enacts clauses (b) to (e) of the
definition “reviewable service”, and section 21, comes into
force.

In 2014, the Commission of Inquiry into the death of Phoenix Sinclair recommended that Manitoba enact stand-alone legislation for the Children’s Advocate and provide the Advocate with a broader mandate. This Act implements those recommendations.

This Act also changes the name of Children’s Advocate to Advocate for Children and Youth.

The Cannabis Harm Prevention Act

With the advice and consent of the Executive Council of
Manitoba, we name April 1, 2018, as the day on which Part 5
of The Cannabis Harm Prevention Act (Various Acts
Amended) (S.M. 2017, c. 22) comes into force.

The federal government has introduced legislation to legalize the non-medical use of cannabis (marijuana). This Act amends several Acts to address health or safety concerns that will arise when cannabis consumption is no longer illegal, and it closes any legislative gaps that might be created when cannabis is no longer considered to be an illegal drug.

The Manitoba East Side Road Authority Repeal Act

With the advice and consent of the Executive Council of
Manitoba, we name March 31, 2018, as the day on which The
Manitoba East Side Road Authority Repeal Act (S.M. 2017,c. 6) comes into force.

This Act repeals The Manitoba East Side Road Authority Act and transfers the Authority’s property, rights and liabilities to the government.

The Health Sector Bargaining Unit Review Act

With the advice and consent of the Executive Council of
Manitoba, we name May 9, 2018, as the day on which The
Health Sector Bargaining Unit Review Act (S.M. 2017, c. 25)
comes into force.

This Act deals with bargaining units and collective bargaining in Manitoba’s health sector.

 

Access to Justice Conference in Winnipeg

Experts are meeting this week for Accessing Justice: Interdisciplinary Perspectives on Access, Justice, Law and Order at the University of Winnipeg, May 9-11, 2018.

The University of Winnipeg’s Centre for Interdisciplinary Justice Studies is hosting a public conference beginning Wednesday that will bring together academics, human rights and legal experts, as well as Manitoba Queen’s Bench Justice Colleen Suche. [Winnipeg Free Press, p. B1, May 7, 2018] (subscription required)

Topics range from accessing legal professionals and legal services to the effects of decolonialization for identity and migration.

The full program is available here.