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 Practice Direction: Resumption of Criminal Trials

Practice Direction – Resumption of Judge-Alone Out-of-custody Criminal Trials (January 14, 2021)

“Commencing Monday, February 1, 2021, all judge-alone out-of-custody criminal trials will also resume in person.”

Health and safety protocols of the March 13, 2020 notice are still in effect. Portions of the trial may proceed by video conference. To further reduce in-person contact, an upcoming notice will detail email filing requirements and procedures.

For all COVID-19 notices and directives see here.