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 library@lawsociety.mb.ca 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.

Keep up to date with Legal Newsletters – Environmental Law

In case you didn’t know, we offer nearly 40 digital newsletters in all areas of law. These newsletters are provided by LexisNexis and Westlaw from the latest available decisions.

Take a look at our guide for a list of newsletters, and send us an email to subscribe.

Spotlight: LexisNexis Environmental Law NetLetter

With recent issues involving implementing protections against cutting down old growth trees, and carbon tax pricing, it helps to stay informed of recent legal changes and challenges.

Updated monthly, this current awareness service provides comprehensive coverage of all significant new Canadian law court decisions and selected tribunal decisions on environmental law and related procedural issues (in English) added recently to Quicklaw.

Recent publications include topics on: environmental liability, conservation, environmental legislation, jurisdictional and constitutional issues.

If you would like to subscribe to this publication, please email library@lawsociety.mb.ca and we will gladly add you to the distribution list!

For further research check out Environmental Law 5th edition by Jamie Benidickson, Public Lands and Resources Law in Canada by Elaine L. Hughes, Arlene J. Kwasniak, Alastair R. Lucas available on desLibris, or the McGill Journal of Sustainable Development Law available on CanLII.