“Amendments to Rule 37.2 of the Court of Appeal Rules came into force on October 31, 2022. The use of audio or videoconference technology will become a regular procedure for chambers hearings, while remaining an extraordinary procedure for appeals before a panel.
Requests to Appear Remotely: Parties will no longer be required to bring a motion to appear by audio or videoconference. In all instances, a party should make a written request to the registrar, who maintains discretion to waive or adjust the prescribed timelines. Parties must provide notice of a request to appear remotely to every other party directly affected by the appeal, motion or application.
For Chambers: A request is to be filed with the party’s initiating or responding materials and no later than two (2) business days prior to the hearing. Permission will be granted to the party to appear by their preferred mode, unless the registrar determines that remote participation is not appropriate in the circumstances.
For Appeals: A request is to be filed no later than ten (10) business days prior to the hearing of the appeal and should set out the circumstances giving rise to the request for a remote hearing. Parties may wish to address some or all instances stated in the practice direction. The court or a judge may then permit a party to participate by audioconference or videoconference if they determine there are special circumstances that make remote participation appropriate.
Videoconference Procedure: In preparation for their appearance, parties should refer to the Videoconference Hearing Procedure for Lawyers and Self-Represented Parties. It is recommended that parties conduct a videoconference test call to ensure a stable connection and functioning microphone and video.”
The full notice regarding this update can be found here.
“The Prime Minister of Canada has announced that September 19, 2022 will be a federal holiday and a day of mourning for Her Majesty Queen Elizabeth II. The Province of Manitoba is recognizing September 19, 2022 as a day of mourning and has announced that all non-essential government services and offices will be closed for the day.
Mindful that the Courts provide an essential service, given access to justice challenges due to COVID-19, and in fairness to Court participants, the Courts have determined they cannot adjourn cases already booked and so will proceed as scheduled on September 19, 2022.
However, in order to recognize the day of mourning, all trials and appeals will commence one hour later than scheduled.”
Due to decreased demand for 2pm trials and preliminary inquires, they will no longer be posted online. Trials can still be scheduled by contacting the Early Disposition Coordinator. See the full notice for more information and contacts.
Due to the evolution of video appearances for court matters, the previous directive requiring in person appearance by those potentially facing a penitentiary sentence has been modified to allow for video appearance if judicial permission is sought three days in advance.
A new notice from all court levels has been issued stating that “mask use will no longer be required in court facilities effective Monday, May 16, 2022. Masks may continue to be worn, unless requested otherwise by a presiding judge in the context of a hearing.
Unlimited access to the courts by members of the public will resume on Monday, June 27th, at which time there will no longer be any COVID-19 related restrictions in place.”
“Effective May 2, 2022, Judicial Justice of the Peace (JJP) dockets will resume sitting in person in the communities of Cross Lake, Gods Lake Narrows, Nelson House, Norway House, Oxford House, Shamattawa, and Split Lake.
In order to minimize the number of people attending court in person at one time, going forward, the JJP dockets will be divided alphabetically into morning and afternoon sittings.
Persons attending court prior to their designated time will be directed not to enter or remain in the vicinity of the court facility and will be instructed to return for their court appearance at the assigned time.”
See the full notice including designated sitting times here.
For all Provincial Court COVID-19 notices click here.
The Manitoba Law Library would like to acknowledge with gratitude that we are situated on Treaty One Territory, the traditional lands of the Anishinaabe, Cree and Dakota peoples, and the homeland of the Métis Nation.
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