New Provincial Court Notice

Notice – COVID-19 – Update to Judicial Justice of the Peace Weekday Bail Dockets (October 22, 2020)

To address the timely release of individuals who have been arrested overnight and held in custody at police facilities anywhere in Manitoba, the Provincial Crown and Legal Aid Manitoba have implemented an overnight bail program.

Effective November 2, 2020, the Provincial Court of Manitoba has added an additional Judicial Justice of the Peace court sitting Monday through Friday at 7:00 a.m.


For a list of all notices and practice directions related to COVID-19 visit manitobacourts.mb.ca/covid-19/.

Legislative Update

A number of bills from the previous session of the legislature have been reintroduced, as well as number of new bills as part of the Government’s legislative agenda. To see the government’s news release on this, click here.

Third Session, Forty-Second Legislature

Government Bills

1st Reading

Bill 5 The Liquor, Gaming and Cannabis Control Amendment Act (Cannabis Social Responsibility Fee) – amends The Liquor, Gaming and Cannabis Control Act to make it a term of the agreement that the operator of a cannabis store must pay to the government a social responsibility fee.

Bill 6 The Liquor, Gaming and Cannabis Control Amendment Act – prohibits cannabis consumption in public places.

Bill 7 The Planning Amendment Act – amends The Planning Act to provide that the council of the City of Brandon is the approving authority for the subdivision of land in Brandon.

Bill 8 The Pension Benefits Amendment Act – amends The Pension Benefits Act with changes made in response to recommendations from the Manitoba Pension Commission.

Bill 9 The Opioid Damages and Health Care Costs Recovery Act – gives Manitoba a direct and distinct cause of action against manufacturers and wholesalers of opioid products to recover the cost of health care benefits caused or contributed to by an opioid-related wrong.

Bill 10 The Regional Health Authorities Amendment Act (Health System Governance and Accountability) – amends The Regional Health Authorities Act to consolidate administrative services related to health care and to centralize the delivery of certain health services across Manitoba.

Bill 11 The Workplace Safety and Health Amendment Act – makes amendments to The Workplace Safety and Health Act.

Bill 12 The Crown Land Dispositions Act (Various Acts Amended) – amends The Crown Lands Act, The Expropriation Act, The Land Acquisition Act, The Public Works Act, The Transportation Infrastructure Act and The Water Resources Administration Act.

Bill 13 The Public Sector Construction Projects (Tendering) Act – prohibits the issuing of a tender that would require the successful bidder to employ unionized employees or non-unionized employees for work on the project.

Continue reading “Legislative Update”

Legislative Update

Third Session, Forty-Second Legislature

Government Bills

1st reading

Bill 2 The Budget Implementation and Tax Statutes Amendment Act, 2020 – implements tax and other measures announced in the 2020 Manitoba Budget. Additional amendments implement and support the summary budget and make various amendments to tax legislation.

Bill 3 The Public Service Act – provides a legislative framework for an ethical and effective public service for Manitoba.

Bill 4 The Retail Business Hours of Operation Act (Various Acts Amended or Repealed) – Currently, retail business hours and days of operation are subject to provincial legislation. This Bill gives local governments authority over these matters. Amendments to The Liquor, Gaming and Cannabis Control Act, The Municipal Act, The Northern Affairs Act and The City of Winnipeg Charter are made for this purpose. The Employment Standards Code is amended to continue the ability of retail workers to refuse to work on Sundays. A consequential amendment is made to The Remembrance Day Act. The Shops Regulation Act is also repealed.

Private Bills

1st reading

Bill 205 The Latex Control Act – prohibits the sale and use of gloves containing latex as of January 1, 2022. Exceptions are provided for research and medical procedures.

Bill 300 The United Church of Canada Amendment Act – amends The United Church of Canada Act to reflect changes to the church’s governance structure.


Check here for the current status of bills.

Proclamations

The Wildlife Amendment Act (Safe Hunting and Shared Management) SM 2018, c. 33 is proclaimed to come into force on October 10th, 2020. – This amendment creates a general prohibition on night hunting.

See here for a list of all Proclamations.

New edition of “Prosecuting and Defending Sexual Offence Cases” now available online.

The second edition of Prosecuting and Defending Sexual Offence Cases by Daniel Brown and Jill Witkin, is now available to member’s online through the Member’s Portal.

Sexual Offence Cases 2e

This new edition contains “new chapters on historical sexual offences and cross-examination on private records, and reflects changes in Bill C-51 pertaining to third party records, other sexual history, and consent. Analysis of case law and relevant Criminal Code provisions have been integrated throughout in order to effectively guide readers through the flow of a sexual offence case.”

Also included:

  • Discussion of the new s. 278.92 regime that governs the use of records in sexual offence cases;
  • New section dealing with “myths and stereotypes” in relation to the complainant as well as the accused;
  • Key commentary, from both Crown and defence, on advocacy and trial strategy.

This title is the fourth volume in Emond’s Criminal Law Series. Check out the rest of the series in the Library Resources section of the Member’s Portal.

Provincial Court Notice

October 6, 2020 – Designation of Counsel Form

“The Designation of Counsel form has been amended to allow counsel to attest they have explained to the client, the obligations of the client to maintain contact with counsel and appear in court when required. When properly explained and endorsed, this will prevent the need for accused persons to attend court in person to sign the designation of counsel form.”

Counsel are reminded despite numerous changes the Pre-Trial Protocol remains in place. The jurisdiction of the Pre-Trial Coordinators are further explained. Any concerns regarding the Pre Trial Protocol should be raised with Associate Chief Judge Krahn.

The newly amended form is available here.