Mask Use and Court Reopening in Manitoba Courts

A new notice from all court levels has been issued stating that “mask use will no longer be required in court facilities effective Monday, May 16, 2022. Masks may continue to be worn, unless requested otherwise by a presiding judge in the context of a hearing.

Unlimited access to the courts by members of the public will resume on Monday, June
27th, at which time there will no longer be any COVID-19 related restrictions in place.”

See the full notice here and previous COVID-19 related notices on the courts website.

Notice -All Court of Appeal hearings to be conducted remotely

Notice All Hearings of the Court of Appeal will be conducted remotely starting January 4, 2022 until further notice (December 20, 2021). This notice replaces the previously issued notice dated August 10, 2021.

As a result of the modelling for the COVID-19 Omicron variant, starting on Tuesday, January 4, 2022:

  1. All appeals will be heard remotely by videoconference; and
  2. All motions or applications will be heard remotely by teleconference.”

For in-custody criminal appeal, motion or application hearings, special procedures are required in order to ensure that the accused can participate in the hearing.

See the full notice for information on how to access a videoconference appeal hearing, and how to access a teleconference motion or application hearing.

All Court of Appeal COVID related notices are available on the Manitoba Courts website.

Court of Appeal Notice – Protocol for Articling Students

The Court of Appeal has released a new notice to the profession that articling students-at-law are no longer permitted to appear as counsel to argue a substantive appeal. An articling student may appear in a chambers matter where the presiding chambers judge grants permission. See below for the full notice.

December 8, 2021 – Protocol on Articling Students appearing in the Manitoba Court of Appeal

See here for all Court of Appeal Notices.

Court of Appeal Notice – Changes to Appeals

October 1, 2021 – Leave Required for  most Interlocutory Appeals

“As of January 1, 2022, amendments to The Court of Appeal Act, CCSM c C240, will be proclaimed into force. The new sections, sections 25.1 and 25.2, govern appeals to the Court from decisions of the Court of Queen’s Bench.

The new sections provide that no appeal may be made to the Court of Appeal with respect to an interlocutory order of a judge of the Court of Queen’s Bench unless leave to appeal is granted by a judge or the Court. Leave to appeal is not required:

(a) in a proceeding involving:
      (i) the liberty of a person; or
      (ii) the custody of a minor.
(b) if the order grants or declines to grant a stay or an interlocutory injunction.”

All Court of Appeal Notices and Practice Directions available here.