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.”
For Family Division matters, those adjourned trials will be appearing on administrative lists set down for Thursday, December 10, 2020.
For General Division matters, those adjourned trials will be appearing on administrative lists set down for Friday, December 11, 2020
“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.”
Additionally, “precautions will be put in place by Sheriff Services, which includes enhanced COVID screening questions and temperature screening for all members of the public and court stakeholders, including counsel,upon entry to the Law Courts Building.”
Notice – COVID-19 – Update (November 2, 2020) – Explains new precautions by Sheriff Services. “will continue to hear both in custody and out of custody matters in all of the major court centres and the circuits which remain open. All existing protocols remain in force.” It will also be reassessing protocols on a weekly basis.
Due to current developments in the COVID-19 situation, the Provincial courts will not be returning to a number of communities in the near future.
Communities affected include: Brochet First Nations, Cross Lack, Norway House, Gillam, God’s Lake Narrows, God’s River, Lac Brochet, Oxford House, Peguis, Poplar River, Pukatawagan, Shamattawa, South Indian Lake , Split Lake, and Waywayseecappo.
The court will be returning to Garden Hill, Churchill, St. Martin, and Sioux Valley on the posted scheduled dates.
To address the timely release of individuals who have been arrested overnight and held in custody at police facilities anywhere in Manitoba, the Provincial Crown and Legal Aid Manitoba have implemented an overnight bail program.
Effective November 2, 2020, the Provincial Court of Manitoba has added an additional Judicial Justice of the Peace court sitting Monday through Friday at 7:00 a.m.
“The Designation of Counsel form has been amended to allow counsel to attest they have explained to the client, the obligations of the client to maintain contact with counsel and appear in court when required. When properly explained and endorsed, this will prevent the need for accused persons to attend court in person to sign the designation of counsel form.”
Counsel are reminded despite numerous changes the Pre-Trial Protocol remains in place. The jurisdiction of the Pre-Trial Coordinators are further explained. Any concerns regarding the Pre Trial Protocol should be raised with Associate Chief Judge Krahn.
Further to previous notices, the Provincial Court is notifying the profession that in communities where the court has not resumed sitting, the child protection dockets will continue to sit in the court centres for the month of October.
This includes the communities of; Steinbach, Beausejour, Pine Falls, Peguis First Nation, Emerson, Portage la Prairie, Dauphin, Bloodvein, Cross Lake, Norway House and Little Grand Rapids. Details of dockets that will be sitting in Winnipeg, and The Pas are provided.
The notice also gives instructions for when a party may be in custody and requires transportation to the courtroom. It also asks that whenever possible, for persons in custody they appear by video to avoid the need to quarantine, to reduce delays.
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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