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.
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.
Notice: Response from the Courts relating to Recent Changes to Public Health Orders (August 6, 2021)
All levels of the Manitoba courts have issued a notice regarding the easing of restrictions in the new public health order. These changes are still being reviewed and until further notice those attending the laws courts will still be required to follow protocol including initial screening conducted by sheriffs officers, wearing of masks, appropriate social distancing and sanitation measures.
For all COVID related notices, see the Manitoba Courts webpage.
All three levels of court have released notices regarding new measures due to the new spread of cases in Winnipeg.
Notice – All Hearings of the Court of Appeal will be conducted remotely until further Notice (November 2, 2020) – starting on Tuesday, November 3, 2020 all appeals will be heard remotely by videoconferencing; and all motions or applications will be heard remotely by teleconferencing. Instructions for accessing teleconference and videoconference are included.
Additionally, “precautions will be put in place by Sheriff Services, which includes enhanced COVID screening questions and temperature screening for all members of the public and court stakeholders, including counsel,upon entry to the Law Courts Building.”
Notice – Additional Measures in respect of attendance at the Law Courts Complex (November 2, 2020) – Details and clarifies the measures that the Queen’s Bench has been taking to reduce transmission of COVID. Also explains the additional measures by Sheriff Services upon entering the Law Courts Buildings.
Notice – COVID-19 – Update (November 2, 2020) – Explains new precautions by Sheriff Services. “will continue to hear both in custody and out of custody matters in all of the major court centres and the circuits which remain open. All existing protocols remain in force.” It will also be reassessing protocols on a weekly basis.
For a list of all notices and practice directions related to COVID-19 visit manitobacourts.mb.ca/covid-19/.
Re: Covid-19 Suspension and Re-Opening Of Additional Courts (September 28, 2020)
Following a previous notice, courts will not be re-opening in God’s Lake Narrows in October. They will also not be re-opening in Garden Hill for local reasons.
The courts will re-turn to sitting in Altona, Arborg, Ashern and Lundar, and is sitting in Easterville. There is no confirmed date for Pukatawagan.
Beginning October 1, 2020, the Provincial Court of Manitoba will hear in-custody and out of custody trials and out of custody dispositions in the communities of: Altona, Arborg, Ashern, and Lundar.
Health protocols are in effect in these areas and the courts are asking any one with symptoms to not come to court. More details and updates are included in the full notice.
Notice to the Profession (September 28, 2020)
Under the new Manitoba Health protocol, those that have come into contact with an individual diagnosed with COVID-19 while in the courts will now be notified. Members of the profession will not be informed of every potential exposure in the courthouse. A reminder that masks are required at all time while in the courthouse, except, when in a courtroom, the presiding judge stipulates otherwise.
For a list of all notices and practice directions related to COVID-19 visit manitobacourts.mb.ca/covid-19/
COVID – Use of Masks – Province wide (September 8, 2020) – Due to challenges of social distancing in smaller courthouses, the Use of Masks policy set out in the September 7th notice will apply province wide starting September 10, 2020.
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