New Practice Directions for Remote Hearings

November 3, 2022 – Remote Hearings – Changes to Court of Appeal Rules

“Amendments to Rule 37.2 of the Court of Appeal Rules came into force on October 31, 2022. The use of audio or videoconference technology will become a regular procedure for chambers hearings, while remaining an extraordinary procedure for appeals before a panel.

Requests to Appear Remotely: Parties will no longer be required to bring a motion to appear by audio or videoconference. In all instances, a party should make a written request to the registrar, who maintains discretion to waive or adjust the prescribed timelines. Parties must provide notice of a request to appear remotely to every other party directly affected by the appeal, motion or application.

For Chambers: A request is to be filed with the party’s initiating or responding materials and no later than two (2) business days prior to the hearing. Permission will be granted to the party to appear by their preferred mode, unless the registrar determines that remote participation is not appropriate in the circumstances.

For Appeals: A request is to be filed no later than ten (10) business days prior to the hearing of the appeal and should set out the circumstances giving rise to the request for a remote hearing. Parties may wish to address some or all instances stated in the practice direction. The court or a judge may then permit a party to participate by audioconference or videoconference if they determine there are special circumstances that make remote participation appropriate.

Videoconference Procedure: In preparation for their appearance, parties should refer to the Videoconference Hearing Procedure for Lawyers and Self-Represented Parties. It is recommended that parties conduct a videoconference test call to ensure a stable connection and functioning microphone and video.”

The full notice regarding this update can be found here.

All Court of Appeal notices and practices are available on the Manitoba Courts website.

New King’s Bench Notice and Practice Direction

September 23, 2022 – Motion to Withdraw As Counsel To An Accused In A Criminal Case – effective immediately.

“Where counsel to an accused in a criminal case is moving to withdraw as counsel, the motion to withdraw is returnable before the pre-trial conference judge (and is not returnable on the Criminal Motions and Bails List).

To obtain a date before the pre-trial conference judge, counsel may contact the trial coordinator by email. This approach permits the pre-trial conference judge (who has background regarding the case) to canvass with counsel and the accused how to mitigate the effect a potential withdrawal by counsel may have on the previously scheduled trial which is otherwise required to promptly proceed forward absent exceptional circumstances. To similarly minimize the impact of a withdrawal by counsel (either on the trial or the accused’s desire to be represented by available counsel at trial), a motion to withdraw as counsel should be brought as soon as possible. In those situations where a motion to withdraw is filed within days of the scheduled trial date, it may be that the motion is heard by the trial judge.”

September 27, 2022 – Manitoba Court of King’s Bench – Masters – Re: Update To Child Protection Docket Practice Before The Masters Commencing Immediately.

“Further to the Notice issued on June 9, 2022 concerning the return to in-person proceedings effective September 6, 2022, the Masters have had some time to consider the issue of attendance of children aged 12 and over at the Masters’ Child Protection Dockets.”

“… [G]iven the very specific legislative requirement pursuant to section 33(2) of The Child and Family Services Act, C.C.S.M. c. C80, impacted children aged 12 and over need to be served, and brought to court to address their rights. This return to pre-pandemic practice will be effective immediately.”

The full notice regarding this update can be found here.

Click here to see all King’s Bench Notices and Practice Directions.

Introducing New Current Awareness Titles

Photo by Patrick Tomasso on Unsplash

One of our most popular services is the distribution of legal newsletters. Our subscriptions with LexisAdvance Quicklaw and Westlaw Canada allow us to share their newsletters with members of the Law Society of Manitoba. LexisNexis has recently added a few more in the areas of criminal law and employment and labour law.

The Hill/Wein Criminal Evidence NetLetter is a semi-monthly current awareness service providing case summaries and commentary in the area of criminal evidence.

The latest issue highlights matters on:

Looking to be updated on the latest employment and labour law decisions?

Along with the LexisNexis Employment Law NetLetter and the LexisNexis Workplace Health, Safety and Compensation Law NetLetter, the JSL Labour and Employment Law NetLetter is a weekly current awareness service highlighting new labour and employment decisions from labour boards, arbitrators, human rights tribunals, and courts. Issues are added Wednesday of each week.

Browse our Current Awareness Guide for a list and descriptions of all newsletters we have available.

If you would like to subscribe to any of these publications, please email so we can add you to the distribution list.

Overnight Bail Program Update

Notice: COVID-19 Update to Judicial Justice of the Peace Weekday Bail Dockets (August 12, 2021)

This notice expands on the previous notice on October 22, 2020. The courts are still evaluating the pilot project which addresses overnight arrests and custody . The program will be extended until December 31, 2021 to assess if it is having the desired outcome.

For all COVID-19 Provincial Court notices, see the Manitoba Courts website.

Amendments to the Federal Courts Rules Notice

Two groups of amendments to the Federal Courts Rules and one group of amendments to the Federal Courts Citizenship, Immigration and Refugee Protection Rules were approved on June 17, 2021, and came into force upon registration.

These amendments make a number of changes to the Federal Courts Rules including: providing clarity to the Rules by eliminating contradictions between the English and French versions, reducing duplication of paper copies to be filed and other procedural changes.

Federal Courts Citizenship, Immigration, and Refugee Protection Rules consolidates a number of changes such as introducing a simplified procedure to request an anonymity order and amending the definition of an “appeal” to reflect the changes under the Citizenship Act.

To see the full Notice to the Profession, click here.

For a full list of notices, see the Federal Court Website.