News and views from the Manitoba Law Library Inc., Law Society of Manitoba
The British Columbia Court of Appeal upheld a lower court decision concerning the consideration of Indigenous heritage with all other factors for adoption of a First Nations, Métis or Inuit child. While Indigenous heritage is important, it is just one factor to be weighed in determining the best interests of the child.
Commentary from Globe and Mail; CBC
Decision: M.M. v. T.B. , 2017 BCCA 296
We recently ordered a number of new books to add to our collection. All titles are linked to the publisher’s record which includes a summary of the content. You can search the Great Library Catalogue to see if the book is available.
Wills and Estates
Macdonell, Sheard and Hull on Probate Practice, 5th ed.
The Executor’s Handbook, 5th ed.
Although new items are placed in our reserve collection, they are still available for borrowing for a 48 hour period.
The Law Society is offering replays of some of our most popular programs. If you didn’t have time to see them earlier in the year, or they sold out before you got around to registering, now’s your chance.
These programs are replays of previously recorded live presentations. Refreshments not included, but feel free to bring your own.
The Manitoba Court of Appeal released a decision that contained a significant analysis of what constitutes a delay in court proceedings, and whether it warrants a dismissal. R. v. Schenkels, 2017 MBCA 62 originated as an appeal of a conviction by a jury for aggravated sexual assault, but also claims delay. Hamilton, J.A. also cites the even more recent Supreme Court of Canada decision of R. v. Cody, 2017 SCC 31.
These decisions demonstrate how long it takes for a matter to go from a charge to an acquittal or conviction. Guidance from the Court of Appeal should help keep it in check.
It’s not often that parties are found in contempt in family proceedings. Behaviour has to be extremely egregious to warrant a contempt finding. That’s what Justice Doyle decided in Delichte v. Rogers, 2017 MBQB 117.
[1] The mother and the father have engaged in high conflict family litigation for over 13 years. During this period, 616 documents have been filed in regard to the many contentious proceedings that have come before this court.
There can be so much tension in family proceedings as both sides try to do what they feel is in the best interests of their children. At some point the court must step in and put a halt to it.