Manitoba legal trivia, tidbits, and oddoties

Over the past several years, we have written about (mostly) serious topics. Today, maybe because it feels very spring-like in Winnipeg, I just wanted to re-share with you a few odd (at least, I found them odd) Manitoba law trivia facts.

In Manitoba, the province currently has over 550 laws of general applicability on the books. It has another 30+ municipal acts – which give municipalities their legal basis for existence, i.e. the City of Winnipeg Charter – and at least another 250 private acts, such as the Carman Golf Course Incorporation Act. I can’t explain why the town of Carmen got the Legislative Assembly to pass a law giving it a golf course. Perhaps someone owed the local MLA a big favour?

A Manitoba law of general applicability allows our society to function on a daily basis. These laws form the infrastructure that sets the traffic rules (the Highway Traffic Act). They guarantee our right to own a specific property (the Real Property Act). They allow government to collect taxes, and so on. These, in conjunction with the federal laws, form the rule of law.

Manitoba Laws of General Applicability

You will find below other, more obscure or interesting, law of general applicability: The Manitoba Emblems Act (C.C.S.M. c.E72) an act recently created to replace the old Coat of arms, emblems and the Manitoba Tartan Act. This act establishes our provincial coat of arms as:

“The Armorial Ensigns (sometimes popularly called “the original Coat of Arms”) of the province are the Armorial Ensigns granted by Royal Warrant of His late Majesty King Edward VII, dated May 10, 1905, and therein described, a certified copy of which Royal Warrant is deposited in the Legislative Library and a pictorial representation of which Armorial Ensigns, printed in black and white” also described as “Vert on a Rock a Buffalo statant proper, on a Chief Argent the cross of St. George.”

The act also makes it an offence to use the coat of arms without permission (a fine not to exceed $100.00 for every day used or term of emprisonment not to exceed 3 months). The act also establishes the following provincial emblems:

• Floral emblem: The aenomone patens and popularly called the “Crocus.”
• Avian emblem: The bird is ornithologically known as Strix nebulosa and commonly called the “Great Gray Owl.”
• Mammal emblem: The animal is known zoologically as Bison bison bison and commonly called the “Plains Bison.”
• Fish emblem: The fish known is ichthyologically as Sander vitreus and commonly called the “Walleye.”
• Arboreal emblem: The tree is known botanically as Picea glauca and commonly called the “White Spruce.”
• Provincial soil: The soil is technically known as Orthic Black Chernozem and is commonly called “Newdale soil.”
• Grass emblem: The grass is known botanically as Andropogon gerardii and commonly called “Big Bluestem.”
• Fossil emblem: The mosasaur known as Tylosaurus pembinensis.

This act, adopted in 2023 also added the Polar Bear as another mammal emblem. That act states at s. 5(2.1.1): “The mammal known zoologically as Ursus maritimus and commonly called the polar bear is hereby designated as a mammal emblem of Manitoba.”

The Gold Clauses Act

This Manitoba law states that a clause in a contract demands payment in gold, payment in currency will discharge the obligation. Who knew we had this on the books?

The Good Samaritan Protection Act

The common law (law decided by judges) creates a civil responsibility when someone assists another person in distress. Someone who aids an injured person must not be negligent when providing aid. In some cases, good-intentioned people who acted under stress and inadvertently aggravated injuries were found liable in negligence. The government started to worry that people would not assist others in distress out of fear of being sued. This Manitoba law states a “good samaritan” who assists an injured person can’t be found liable unless their actions amount to GROSS negligence. The act does not apply to professionals.

The Use of Animals to Shield Unlawful Activities Act

Under this Manitoba law, you can’t use a guard animal to protect illegal activity. So, if you plan on establishing a grow op in your home (I do not recommend this), you can’t use a dog to protect your property. If you do, aside from the punishments available under the Criminal Code and the Controlled Drugs and Substances Act (CDSA) for the grow op, if found guilty, a judge may fine you up to $5,000.00 and jail you for up to three months for the use of a guard dog.

A few other acts are worth a mention as well. The Milk Prices Review Act sets prices for the sale of milk. That’s why the price of a one-litre box of milk is about the same everywhere. The Escheats Act gives the government the power to take “title” of property that does not pass on under a will or the intestacy act or is forfeited to the state. This article is focused solely on Manitoba laws. The Canadian Parliament also enacts laws. I suspect federal laws far outnumber our provincial ones. in the future, the odd and unusual federal laws will be another article’s subject.

Disclaimer – Legalese

This article is presented for informational purposes only. The content does not constitute legal advice or solicitation and does not create a solicitor-client relationship (this means that I am not your lawyer until we both agree that I am). If you are seeking advice on specific matters, please contact our office at 204.925.1900. We cannot consider any unsolicited information sent to the author as solicitor-client privileged (this means confidential).

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