New Practice Directions

These are the latest practice directions regarding changes to the courts in reducing risk of infections and spreading of COVID-19.

Manitoba Court of Appeal
Hearings will be conducted remotely by videoconferencing during the COVID-19 pandemic (April 3, 2020) 

Manitoba Court of Queen’s Bench
COVID-19 – Suspension and Restriction of Hearings (April 2, 2020)

For all up-to-date practice directions and notices for all three courts, visit the Manitoba Courts webpage on COVID-19 at http://www.manitobacourts.mb.ca/covid-19/.

New Practice Direction: Detention Review Hearings

Re: Detention Review Hearings Under ss. 520 and 525 of the Criminal Code

Thompson and The Pas Judicial Centres

As part of the Court of Queen’s Bench’s ongoing attempts to improve access to justice in all areas of its jurisdiction, the following direction applies to detention review hearings under sections 520 and 525 of the Criminal Code in the Thompson and The Pas judicial centres. Informing this practice direction are the following reference points:

  • To ensure the integrity of the administration of justice, generally, criminal matters are to be adjudicated in the judicial centre most proximate to the community where the alleged offence took place.
  • The constitutional obligation that flows from the Charter right not to be denied reasonable bail without just cause requires that bail review hearings take place without unreasonable delay.
  • The Thompson judicial centre has a particularly high volume of criminal cases and in-custody accused.
  • There is no remand facility in Thompson.
  • It is not unusual that accused in criminal matters originating in Thompson and The Pas judicial centres are held in custody in a facility that is a significant distance from the courthouses in these judicial centres.
  • Bail review hearings may take place in person, by video, or by teleconference.

Read more for the full practice direction.

This practice direction comes into effect immediately (dated March 5, 2020).

Practice Direction re New Family Division Case Flow Model

On June 28, 2019, the Court of Queen’s Bench issued a practice direction to assist lawyers in transitioning to the Family Division Case Flow Model.

The New Family Division Case Flow Model (New FD Model) was designed so that pre-February 1, 2019 cases were transitioned into the new case flow with ease. The transition of these existing “old system” cases has, for the most part, gone relatively smoothly. However, there has been some confusion among judges, court staff, the Family Bar and the public on transitional issues. This memorandum has been prepared to offer some further guidance on best practices in transitional cases.

The full memorandum is available here.

New Practice Direction – Scheduling of Civil Motions

Effective immediately, the Civil Motion Coordinator (Cheryl Laniuk) is to be contacted (phone number – 204-945-3043) regarding the scheduling of all civil motions, including those returnable on the civil uncontested list, contested motions and seized motions.

Coming into effect

This Practice Direction comes into effect immediately.

Original notice available here.

Manitoba Court of Queen’s Bench Notices

The Court has recently issued the following Practice Direction and Notice:

Practice Direction

Comprehensive Amendments to Court of Queen’s Bench Rules (Family) Effective February 1, 2019

The Court of Queen’s Bench will be introducing a new model for scheduling and case  flow management in respect of non-child protection family proceedings. The implementation date is February 1, 2019. The model is designed to enhance the capacity of all Manitobans to better access justice in the area of family law within a system that will be significantly less complex, less slow and less expensive. The New Model for Scheduling and Case Flow (New FD Model) is expected to achieve that goal by ensuring that those cases that can be resolved will be resolved at the earliest point possible. Where otherwise contested matters cannot be resolved, the New FD Model will ensure that those matters are adjudicated within a predictable and finite period of time, mindful of what will be stable and consistent reference points or “meaningful events”, which events will themselves be governed by clear, identifiable and predictable timelines. (Download full Practice Direction here.) 

Notice

Practice Direction: New Model for Scheduling and Case Flow Management of Non-Child Protection Family Division Matters

The Practice Direction regarding the New Model for Scheduling and Case Flow Management of Non-Child Protection Family Division Matters will come into force effective immediately.

Both  notices are dated December 17, 2018.