New Provincial Court Notices

Notice – Service of Child Protection Proceedings on Persons in Custody during Pandemic Restrictions (November 18, 2020)
“Prior to the pandemic, a process server might attend the institution to effect personal service. However with Code Red restrictions and the elimination or restriction of visitors to the Correctional Centre, this method of service is not possible.” The notice gives new options and contact information for correctional centres.

Notice – Circuit Court Sitting Replacement Dates Due to COVID-19 (November 18, 2020)
“Further to the Notice of November 10, 2020, suspending court with respect to all circuit court sittings, the following dates reflect the date the circuit should have sat within the suspended period and the date the circuit has been administratively adjourned to.”

Practice Directive – Video Appearances for Trials and Preliminary Hearings in the Provincial Court of Manitoba (November 17, 2020) – “…the Court has developed this Practice Directive to accommodate the remote attendance of a participant at trial or preliminary hearing by video, where appropriate, while maintaining the integrity of the hearing process.” The process for requesting an accused or in custody witness appear by video is provided.

Legislative Update

Third Session, Forty-Second Legislature

Government Bills


Bill 65 The Appropriation Act, 2020

Bill 66 The Loan Act, 2020-2021

Private Bills


Bill 208 The Wildlife Amendment Act (Protecting Property from Water and Wildlife Damage) – Currently, a landowner has the right to kill or take certain wildlife in defence of their property. The Bill extends the right to tenants of private or leased Crown land.

Bill 209 The Criminal Property Forfeiture Amendment Act (2) – Currently, money in the criminal property forfeiture fund may be used for programs operated by law enforcement agencies. The Bill enables the money to instead go to non-profit community organizations for social programs, such as affordable housing and restorative justice.

Bill 210 The Personal Protective Equipment Reporting Act – requires a report to be tabled each year in the Legislative Assembly setting out the quantity, and any applicable expiry dates, of personal protective equipment purchased and held by health authorities.

Bill 215 The Provincial Court Amendment Act (Gender-Based Violence Education Requirements) – This Bill amends The Provincial Court Act to require judicial candidates to complete education in sexual assault law.

Bill 216 The Public Health Amendment Act (2) – amends The Public Health Act to repeal the requirement that the chief public health officer obtain the approval of the minister before issuing a public health emergency order.

Bill 301 The Winnipeg Humane Society Foundation Incorporation Amendment Act – changes composition of the board as well as investment requirements.

Second Reading

Bill 211 The Employment Standards Code Amendment Act (Unpaid Leave for Reservists)

See here for the status of all current bills.


The Emergency Medical Response and Stretcher Transportation Amendment Act (section 1, clause 2(a) insofar as it repeals the definition “emergency medical response technician”, sections 4 and 5, clauses 13(1)(a) and (b), and section 16) SM 2017, c. 13, comes into force on December 1, 2020.

The Municipal Assessment Amendment Act (whole Act) SM 2020, c. 13 proclaimed to come into force on January 1, 2021.

The Peatlands Stewardship and Related Amendments Act (sections 8 to 16 and 30; sections 8 to 16 and 30) SM 2014, c. 27 sections 8 to1 6 and 30 proclaimed to come into force November 16 ,2020.

See here for a list of all Proclamations.

New Practice Direction – Remote Appearance

Manitoba Court of Queen’s Bench

Practice Direction – Criminal Trials Accused’s Remote Appearance by Video Conference (November 17, 2020) – “This Practice Direction is meant to now more specifically stipulate the procedures, presumptions and relevant factors that will govern those situations where an accused is unable to be present in Court during the whole of his or her trial and where as a result, the trial risks being adjourned.”

Newly Added Library Titles

Online Collection

From the Emond’s Criminal Law Series (behind the member’s portal)

Prosecuting and Defending Sexual Offence Cases – 2nd ed. by Daniel Brown and Jill Witkin
“Crown prosecutor Jill Witkin and defence lawyer Daniel Brown offer an extensive examination of the legal processes involved in litigating sexual offences. This bestseller is designed to help practitioners focus on the procedural, evidentiary, and strategic elements specific to sexual offence cases. These elements include search issues, children’s evidence, cross-examination on private records, and sentencing.”

From desLibris (behind the member’s portal)

The Law of Contracts – 3rd ed. by John McCamus
“Incorporates reference to recent Canadian cases on doctrines such as estoppel, privity, interpretation, and appellate review, and discussion of recent leading authorities dealing with such matters as contractual interpretation and the application of the basic principles of formation to e-commerce.
The Law of Contracts is an indispensible resource for anyone interested in modern Canadian contract law.”

Print Collection

Sopinka on the Trial of an Action – 4th Edition, by J. Kenneth McEwan
First published in 1981, this classic manual offers invaluable insight into trial techniques from the perspective of The Late Honourable Mr. Justice John Sopinka who was one of the nation’s leading litigators before his appointment to the Supreme Court of Canada.

Liability Insurance Law in Canada – 7th Edition, by Gordon G. Hilliker
“When you’re facing a liability insurance issue, it’s critical to seek expert advice. With this seventh edition of Gordon Hilliker’s Liability Insurance Law in Canada, that’s exactly what you’ll get. Logically organized and concisely written in clear terms by one of the country’s foremost insurance law practitioners, Liability Insurance Law in Canada has been referred to by every trial and appellate court in the nation, including the Supreme Court of Canada.”

Provincial Court rescheduling custody matters

“Further to the Notice of November 10, 2020, suspending court with respect to all adult and youth out of custody matters, the following date changes apply…”

See the full notices for locations and dates.

Regional Centres: Notice – COVID -19 – Rescheduling Adult and Youth Out of Custody Matters -Regional Centres  (November 16, 2020)

Winnipeg Centre: Notice – COVID – 19 – Rescheduling Adult and Youth Out of Custody Matters (November 13, 2020)