By Dr. Gerard Kennedy & Tasha Ellis 5185603 Manitoba Ltd et al v Government of Manitoba et al, 2023 MBCA 47 Provinces can, theoretically, abolish private law causes of action. They can even pass legislation to extinguish judgments. But can they constitutionally compel dismissal of a cause of action while in progress? That was the […]
Can the Legislature Order Dismissal of a Case Against the Government? Read More »
By Dr. Gerard J. Kennedy Across Canada, the chief justices of the provinces have been known to take a lead on “access to justice”. This is often, but by no means exclusively, done through emphasizing how to apply and potentially reform civil procedure. In my forthcoming Manitoba Law Journal article, I analyze the legacy of
Chief Justice Chartier’s Civil Procedure Legacy: Attuned to Access to Justice Read More »
National Self-Represented Litigants Project (NSRLP) is jointly hosting a free seminar this week with the Canadian Institute for the Administration of Justice (CIAJ). This online seminar runs 11am to 5pm ET on Thursday, November 16th, and is open to all members of the legal profession, and to self-represented litigants. The objective is to ensure that
“A Dialogue on Self-Representation.” Read More »
By Dr. Gerard Kennedy & Tasha Ellis In a 2023 Manitoba Court of Appeal decision,[1] Justice Mainella provided an overview of the history, purpose, and challenges involved in vexatious litigant orders. In this vein, he also considered the “co-existing” inherent and statutory[2] jurisdiction of Manitoba courts to approve, dismiss and even initiate a motion for a vexatious
By: April Lount, Student at the Faculty of Law, University of Manitoba Access to Internet is a Precursor for Access to Justice In 2007, Chief Justice McLachlin famously called on the legal community to recognize a critical need for access to justice solutions across Canada.[1] Since then, access to justice has become a focal point
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Written by April Lount Legal literacy is a cornerstone to access to justice. However, considering the serious nature of legal literacy, there is a growing irony given its increasingly close relationship to television and popular culture. The average household consumes 4 hours and 27 minutes of television a day, with some of the most widely
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An Endless Quest to Survive Written by Keza Uwitonze, Law Student, Robson Hall On July 1, 2023, changes were enacted to the Canada-Manitoba Housing Benefit (CMHB), in which Manitobans with lower incomes were given a better chance of finding affordable housing. Those eligible for the benefit were identified as “[people] who need help paying for
By Keza Uwitonze, University of Manitoba, Faculty of Law Student With the cost of living soaring rapidly, a number of people suffering under the weight of economic disparity have turned to medical assistance in dying (MAID) as a solution to poverty. While the scope of this problem requires comprehensive examination. Lives have ended incomplete, lives
The Link between Poverty and Medical Assistance in Dying Applications Read More »
A Physical Embodiment of Hatred for the Unhoused By Keza Uwitonze, University of Manitoba, Faculty of Law Student Hostile architecture has been described as “existing infrastructure [that has been] modified so that it becomes impossible to use it in the same way as before.”[1] And perhaps you’ve seen some examples out in the world without
Hostile Architecture Read More »
Will Federal Recognition Improve Access to Environmental Justice in Manitoba? By Heather Fast and Keza Uwitonze, University of Manitoba, Faculty of Law Students The federal Parliament recently recognized the right to a healthy environment under the Canadian Environmental Protection Act (CEPA).[1] After a lengthy and complicated parliamentary process, Bill S-5, the Strengthening Environmental Protection for
The Right to a Healthy Environment Read More »
