New Provincial Court Notices

Notice – COVID-19 – Suspension and Restriction of Hearings (November 30, 2020) – This notice is in furtherance to the November 10th notice. “All circuit court sittings throughout Manitoba will remain cancelled until January 4, 2021 or until further notice”

December 1, 2020 – Counter Court (Winnipeg) – “Beginning in January 2021, the Provincial Court will move to a Counter Court model in Winnipeg for all out of custody administrative courts, currently called PTC (Pre-Trial Coordinator) courts.”

“The Counter Court model will improve access to justice and efficiency in the following ways:

  • One on one interaction for an accused person with the Staff Justice of the Peace
  • An expanded time to attend and less waiting time to have your matter addressed
  • There will be more than one Staff Justice of the Peace at the Counter so matters can be spoken to more quickly
  • Persons will not have to wait until all of Counsel’s matters have been addressed before they can have their matter addressed by the Court

Notice – Rescheduling of Adult and Youth out of Custody Matters due to COVID-19 (Winnipeg Centre)  (December 2, 2020) – “This Notice addresses matters currently scheduled for December 14 – 31, 2020, which  will be adjourned to February 2021 dates.”

Notice – Rescheduling of Circuit Court Sittings due to COVID-10 (December 4, 2020) – “Further to the Notice of November 30 2020, suspending court with respect to all circuit  court sittings, the following date changes apply to those circuit courts listed below where  matters were scheduled between December 14, 2020 to December 31, 2020. All other  circuit court sittings, adjourned by the Notice of November 30, 2020 beyond  December 31, 2020 remain as adjourned by that Notice to the dates contained in that  Notice.”

Notice – Rescheduling of Adult and Youth out of Custody Matters due to COVID-19 (Regional Centres) (December 4, 2020) – “All matters adjourned as per previous Notices to dates after January 4, 2021 (see Notice  dated November 10, 2020 and Notice dated November 16, 2020) are expected to proceed  on those January dates.  This Notice addresses matters currently scheduled for December 14 – 31, 2020, which  will be adjourned to January and February 2021 dates.”

Queen’s Bench Notices and Directions

Practice Direction – Family and Child Protection Video Conference Trials and the Continuation and Commencement of Other Remote Services (December 3, 2020) – “Pursuant to this Court’s November 10, 2020 Notice, given the government’s designation  of Code Red, all “in-person” Family and Child Protection trials scheduled to proceed between November 16 and  December 11, 2020, were adjourned to an administrative list.
Commencing Tuesday, December 15, 2020, the Triage Screening List, overseen by  Ms. Angie Tkachuk, Supervisor, Family Division Coordination, will be conducted by  telephone between 9:00 a.m. and 11:00 a.m. until further notice.”

Notice – Adjustments to Current Scheduling Protocols – December 14, 2020 to January 8, 2021 (December 3, 2020) – “the adjustments to the Court’s scheduling protocols as announced in  the November 10th Notice will now also extend and apply to the period of December 14,  2020 to January 8, 2021.”

Legislative Update

Third Session, Forty-Second Legislature

Introduced

Bill 220 The Transportation Infrastructure Amendment Act – amends The Transportation Infrastructure Act to add a requirement that the minister establish standards for clearing snow from provincial roads. These standards must meet the minimum requirements set out in a schedule to the Act and must be published.

Passed

Bill 4 The Retail Business Hours of Operation Act (Various Acts Amended or Repealed)

Bill 7 The Planning Amendment Act

Bill 9 The Opioid Damages and Health Care Costs Recovery Act

Bill 42 The Remote Witnessing and Commissioning Act (Various Acts Amended)

Bill 208 The Wildlife Amendment Act (Protecting Property from Water and Wildlife Damage)

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

Bill 218 The Somali Heritage Week Act

Bill 300 The United Church of Canada Amendment Act

Bill 301 The Winnipeg Humane Society Foundation Incorporation Amendment Act

See here for the status of all current bills.

Proclamations

SM 2015, c. 45 The Real Estate Services Act (whole Act) proclaimed to come into force on January 1, 2022.

SM 2018, c. 7 The Community Child Care Standards Amendment Act (Enhanced Powers Respecting Governance and Accountability) (whole Act) proclaimed to come into force on January 1, 2021.

SM 2020, c. 21 The Budget Implementation and Tax Statutes Amendment Act, 2020 (Schedule B — The Manitoba Habitat Heritage Corporation Reorganization Act, section 8) proclaimed in force on February 1, 2021.

Click here for the current status of bills.

Exciting New Online Resource Features

This month brings a few new features and additions to CanLII and HeinOnline.

CanLII has added the ability to upload your own documents to Lexbox. This new feature lets you keep all your research in one place and use CanLII’s resources like Reflex to automatically link to cited cases and legislation. You can also set up alerts and feeds based on information in your document. For those who subscribe to Clio, you can also now link to CanLII to add a timer straight to the header of every page.

While you are over on CanLII, check out this blog post that analyses how COVID-19 has affected how people are using CanLII, what they are looking for, and why that might be. It includes a really cool animated bar graph.

Over on HeinOnline, they have added a long desired search feature. Users can now search multiple selected databases at a time, right from their HeinOnline welcome page. Now, instead of searching one database at a time, you can select the ones you think will be most useful. This also includes filtering results to help narrow down queries.

HeinOnline has also continued to add new journals to its Law Journal Library, with a collection of now 2,900 titles. If you are interested more in specific authors, scroll down to their Tip of the Month to read more about their Author profile pages.

New Court Notices

Queen’s Bench

Practice Direction – Remote and Off Site Civil Trials (November 20, 2020) – This direction is provided due to the recent Code Red designation and addresses certain obstacles and limitations that affect scheduled civil trials in the Court of Queen’s Bench. Options for parties, where they have been advised that a trial is being adjourned are provided in the notice.

November 26, 2020 – Court Attire – Replaces the February 10, 2017 notice detailing requirements for wearing formal court attire.

Provincial Court

Notice – COVID -19 – Suspension and Restriction of Hearings – Legal Aid Administrative Court (November 24, 2020) – “Further to the Notices of November 10 and 13, 2020, suspending court with respect to all out of custody matters, this will confirm the Legal Aid Administrative Court on December 8, 2020 at 9:30 a.m. courtroom 402 is cancelled with respect to out of custody matters.” Individuals awaiting the appointment of counsel by Legal Aid are encouraged to contact Legal Aid. Counsel appointed to individuals are asked to contact their clients.