December 14, 2020 – Family Division Case Flow Model Practice Issues
This direction is meant to help clarify any confusion around Family Division proceedings.
Attached is a table which designates:
1. Those proceedings that are included in the New Case Flow Model;
2. Those proceedings which are excluded;
3. The proper procedure to be followed for each proceeding; and
4. The applicable Queen’s Bench Rule(s) and form for each proceeding.
… “[T]he Court’s scheduling protocols as announced in the December 3rd Notice will now also extend and apply to the period of January 11 to 29, 2021.”
… “[C]ommencing Monday, February 1, 2021, where there are counsel representing all parties, all civil trials already scheduled are to be viewed as presumptively proceeding by video hearing”.
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.”
Practice Direction – Remote and Off Site Civil Trials (November 20, 2020) – This direction is provided due to the recent Code Red designation and addresses certain obstacles and limitations that affect scheduled civil trials in the Court of Queen’s Bench. Options for parties, where they have been advised that a trial is being adjourned are provided in the notice.
November 26, 2020 – Court Attire – Replaces the February 10, 2017 notice detailing requirements for wearing formal court attire.
Notice – COVID -19 – Suspension and Restriction of Hearings – Legal Aid Administrative Court (November 24, 2020) – “Further to the Notices of November 10 and 13, 2020, suspending court with respect to all out of custody matters, this will confirm the Legal Aid Administrative Court on December 8, 2020 at 9:30 a.m. courtroom 402 is cancelled with respect to out of custody matters.” Individuals awaiting the appointment of counsel by Legal Aid are encouraged to contact Legal Aid. Counsel appointed to individuals are asked to contact their clients.
Practice Direction – Criminal Trials Accused’s Remote Appearance by Video Conference (November 17, 2020) – “This Practice Direction is meant to now more specifically stipulate the procedures, presumptions and relevant factors that will govern those situations where an accused is unable to be present in Court during the whole of his or her trial and where as a result, the trial risks being adjourned.”
With regards to the new government measures regarding COVID-19, the Provinical Court and Court of Queen’s Bench have released new notices.
Notice – COVID -19 – Suspension and Restriction of Hearings (November 10, 2020) – “The Provincial Court of Manitoba is once again reducing court operations while continuing to ensure meaningful access to those with urgent matters. Effective Thursday, November 12, 2020, all remaining circuit court sittings throughout Manitoba are cancelled until and including December 11, 2020 or until further notice.” See the notice for more details on in custody, out of custody, child protection, and other court matters.
Notice – Adjustments to Current Scheduling Protocols – November 16 to December 11, 2020 – “With the exception of those judge-alone criminal trials involving accused persons who are in custody, all currently scheduled trials set to proceed between Monday, November 16, 2020 and Friday, December 11, 2020, will be adjourned to administrative lists for rescheduling.”
“All other judicial services currently being offered by the Court of Queen’s Bench by video or audio conference in the areas of criminal, civil, family, and child protection will continue as before, unchanged.”
Masters’ Court – COVID-19 Update (November 12, 2020) – “Due to the entire Province of Manitoba being moved to the critical level (red), effective Thursday, November 12, 2020, the Maintenance Enforcement dockets in Brandon, Dauphin, Portage la Prairie, Morden, The Pas and Thompson will be suspended effective Friday, November 13, 2020, until further notice.”
For a list of all notices and practice directions related to COVID-19 visit manitobacourts.mb.ca/covid-19/.
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