On October 1, 2022, amendments to King’s Bench Rules 74 and 75, regarding Probate, come into effect. The primary objective of the new rules is to eliminate jargon and use plain language to make the rules easier to understand.
Along with new rules, come new forms. There will be a little leeway to allow the profession to get used to the new forms, but members could face the risk of having their documents rejected for lack of compliance.
Make sure you and your team are using the correct forms.
“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.”
“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.
A new King means a lot of change for the legal community. The names and titles of a monarch are ingrained in the statutes of Manitoba since it was established. They have been adapted as needed, starting with the Court of King’s Bench of Manitoba.
The History of the Court of Queen’s Bench act.
There are probably only a few people around today that remember when it used to be called the King’s Bench, but the court has seen its share of name changes in its history. When the courts were first established in Manitoba, Queen Victoria was sovereign.
Originally, in 1871, the court was actually to be the called “The Supreme Court”:
1871 34 Vict Cap. 2
But that didn’t last long. The very next year the court was changed to reflect the role of the Queen, and already there were provisions should a King ascended to the throne.
1872 35 Vict Cap 3
The 1880 consolidation Chapter 31 stayed that way –
until the reign of Edward VII substituted the new title in 1901.
The 1902 consolidation would add some clarification to ongoing cases still in the King’s, or Queen’s, name.
And with the rise of Queen Elizabeth II in 1952 the title would change again.
1952 S.M. Ch. 13
While it’s still called “The Queen’s Bench Act” (C.C.S.M. c. C280) today, the provision for naming remains. Maybe some extra paperwork could have been saved in the last 150 years had they just stuck with “Supreme Court.”
Queen’s Counsel to King’s Counsel
Another piece of legislation to be updated involves the practice of appointing Queen’s Counsel. The practice was enacted in Manitoba in 1909 with King Edward.
1909 SM C.28 (9 Ed. VII cap. 28)
The practice would continue with TheLaw society Act, 1954 RSM Ch. 139.
One last small change to keep in mind is the change in the neutral citations for decisions. The most recent decisions from the King’s Bench have already adopted the MBKB citation.
“The Prime Minister of Canada has announced that September 19, 2022 will be a federal holiday and a day of mourning for Her Majesty Queen Elizabeth II. The Province of Manitoba is recognizing September 19, 2022 as a day of mourning and has announced that all non-essential government services and offices will be closed for the day.
Mindful that the Courts provide an essential service, given access to justice challenges due to COVID-19, and in fairness to Court participants, the Courts have determined they cannot adjourn cases already booked and so will proceed as scheduled on September 19, 2022.
However, in order to recognize the day of mourning, all trials and appeals will commence one hour later than scheduled.”
“Effective immediately, in new proceedings where the Crown is a party, the Crown should be described as “His Majesty the King” and not “Her Majesty the Queen”.” See the notice more more details.
The Manitoba Law Library would like to acknowledge with gratitude that we are situated on Treaty One Territory, the traditional lands of the Anishinaabe, Cree and Dakota peoples, and the homeland of the Métis Nation.
Printing and Photocopying
If you need to use the library’s printing and photocopying services you will need to create an account. See us at the front desk for assistance.
Please note: The library will be closing early on Friday, December 13th at 11:00AM for a special event. Regular library service will resume Monday, December 16th at 8:30AM.
The Great Library will be closed from December 25, 2024 to January 1, 2025 for the winter holidays. Regular office hours will resume on Thursday, January 2, 2025.
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