New King’s Bench Practice Direction- September 15, 2026

Detention Review Hearings under Section 520 and 525 of the Criminal Code

On May 5, 2026, the Court of King’s Bench issued a Practice Direction providing for the presumptive remote appearance of accused who are in custody at a Provincial Correctional Centre at detention review hearings under sections 520 and 525 of the Criminal Code unless counsel advise at least five full business days prior to the scheduled hearing date that the accused is to appear at the hearing in person. Since becoming effective on September 8, 2026, the Court has had requests for the accused to appear in person for the purpose of having the accused sign their supporting affidavit with the required administration of oath or affirmation.

The Criminal Proceedings Rules of the Manitoba Court of King’s Bench, SI/2016-34 (Canada) provide as follows:
Affidavit of applicant in custody
9.03 (4) When the applicant is in custody, the registrar may accept the applicant’s unsworn affidavit for filing if
…
(b) the applicant is to appear at the judicial interim release hearing by video link and the truth of the contents of the unsworn affidavit is to be confirmed by the accused to be true at the hearing.

Accordingly, instead of requesting the transportation of the accused, subject to a direction otherwise by the presiding judge, an available option is for the accused when they appear by video in the courtroom to then confirm the truth of the contents of their affidavit.

See here for all King’s Bench notices and practice directions