Notice – Family Division Scheduling Protocol

Notice – (Family Division) Adjustment to Current Scheduling Protocols March 1 to 31, 2021)
“[T]he adjustments to the Court’s scheduling practices for Family Division Proceedings as announced in the December 3, 2020 Practice Direction will now also extend and apply to the period of March 1 to 31, 2021.”

Family and Child protection trials scheduled in March will continue to be heard by video conference.

Practice Directions – Changes for the Family Bar

These changes have come about as a result of the Divorce Act amendments.

DIVORCE ACT AMENDMENTS RULES
On January 29, 2021, The Queen’s Bench Statutory Rules Committee met and passed Queen’s Bench Rule Amendments dealing with Rule 70 amendments, required by the Divorce Act amendments which come into effect on March 1, 2021. It includes an overview of the changes to Rule 70.

The full text of the amendments along with the forms, Man. Reg. 7/2021, are posted on the Manitoba Laws website.

VERSION 6 OF THE MANDATORY STANDARD CLAUSES FOR FAMILY DIVISION ORDERS
The use of Standard Clauses in Family Division orders has been mandatory since 1998 [see Court of Queen’s Bench Rules 70.31(11), (12) and (13). Standard Clauses reflect the intent of a judge’s decision in a consistent way and make the terms of orders more readily understood by parties and agencies dealing with the order.

This version of the mandatory standard clauses can be found on the Manitoba Courts website.

New Court Notices

Queen’s Bench

Notice – Out of Province Parties and Witnesses and the Continuing Obligation to Isolate for 14 days (February 4, 2021)
“this Notice will confirm that until further notice … the Court will require all parties or witnesses … who wish to attend in person for their proceedings and who are coming from outside of Manitoba, to continue to isolate as before for the requisite 14 days.”

Provincial Court

Notice – COVID-19 precautions – Virtual Assignment Court (January 28, 2021)
Notice – COVID-19 precautions – Virtual Docket Appearances (January 28, 2021)
“In order to reopen the courts responsibly and remain vigilant about preventing the spread of COVID-19, the Court is seeking to reduce the number of persons attending court. Counsel are directed to contact their clients to ensure only those persons who have
something meaningful occurring … attend court.”

Notice – Update to Judicial Justice of the Peace weekday bail dockets (February 5, 2021)
Update on the a pilot project to address the timely release of individuals who have been arrested overnight and held in custody at police facilities anywhere in Manitoba.

Notice – Out of Province Parties and Witnesses and the continuing obligation to isolate for 14 days (February 5, 2021)
“this Notice will confirm that until further notice … the Court will require all parties or witnesses … who wish to attend in person for their proceedings and who are coming from outside of Manitoba, to continue to isolate as before for the requisite 14 days.”

Queen’s Bench Notice – Current Scheduling Protocols

Notice – (General Division) Adjustment to Current Scheduling Protocols February 1, 2021 until further notice (January 27, 2021) – Current scheduling protocols will continue to apply to February 1 and extend until further notice.

Notice -(Family Division) Adjustment to Current Scheduling Protocols February 1 – 26, 2021 (January 27, 2021) – current scheduling protocols will extend and apply to the period of February 1 to 26, 2021.

Email Filing Notice for Queen’s Bench

Notice – Email Filing for Criminal Matters (January 18, 2021)

“… given current public health advisories, counsel will be permitted to file documents by email for criminal matters in Winnipeg Centre, effective immediately.”

This notice provides procedures for filing documents by email. These measures will remain in effect while the pandemic response level in Winnipeg is code red or orange.

Queen’s Bench Notices and Directions

Practice Direction – Family and Child Protection Video Conference Trials and the Continuation and Commencement of Other Remote Services (December 3, 2020) – “Pursuant to this Court’s November 10, 2020 Notice, given the government’s designation  of Code Red, all “in-person” Family and Child Protection trials scheduled to proceed between November 16 and  December 11, 2020, were adjourned to an administrative list.
Commencing Tuesday, December 15, 2020, the Triage Screening List, overseen by  Ms. Angie Tkachuk, Supervisor, Family Division Coordination, will be conducted by  telephone between 9:00 a.m. and 11:00 a.m. until further notice.”

Notice – Adjustments to Current Scheduling Protocols – December 14, 2020 to January 8, 2021 (December 3, 2020) – “the adjustments to the Court’s scheduling protocols as announced in  the November 10th Notice will now also extend and apply to the period of December 14,  2020 to January 8, 2021.”