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.

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.

New Queen’s Bench Practice Direction

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.

Queen’s Bench Scheduling Protocols Practice Direction

Adjustments to Current Scheduling Protocols – January 11 to 29, 2021, Video Conference Civil Trials and the Continuation of Other Remote Services (general division)

… “[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”.

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.”