Manitoba Court Closures (Coronavirus / COVID 19 Response) - Fall 2020

On November 10, 2020, after the Province of Manitoba announced a province-wide red alert to deal with the increase in our COVID-19 rate, the Courts in Manitoba responded by shutting down most hearings for the next month. The initial announcement from the Provincial Court was on November 12, 2020. As the Province of Manitoba provided further updates about COVID-19 measures, the courts have extended the shutdown with a second announcement on November 30, 2020. Again on December 30, 2020, the courts extended the shutdown with a third announcement and are keeping courts closed until January 29, 2021.

Because most of the criminal cases are handled by the Provincial Court, I am going to focus on what you need to know to confirm when your next court date will be.

I will also endeavour to update this post as I receive updated information from the courts, so you can come back here. This post was last updated on January 6, 2021 at 4:47 pm.

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The shutdown was supposed to end on Dec. 11, but was extended to Jan. 29, 2021

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Provincial Court

On November 10, 2020, the Provincial Court of Manitoba sent out a notice that all courts would be cancelled except for major court centres (Winnipeg, Portage la Prairie, Brandon, Dauphin, The Pas, and Thompson) to handle in custody cases for both adults and youths. You can read the official notice by clicking here. If you are NOT in custody right now, you will NOT have a court appearance between November 12, 2020 and January 29, 2021. This means that first appearances, remand appearances, guilty plea dates, sentencing dates, and trial dates for people who are NOT in custody are all being cancelled and will have to be rescheduled.

What is my new court date?

If you do not have a lawyer but would like some help with your case, please click here to contact me and I would be happy to help you with your case. I am happy to arrange meetings by phone, video conference, or in person (on a case by case basis). We can also complete Legal Aid applications over the phone.

If you were recently arrested and released by the police with a court date between now and January 29, 2021, you can find out when your “new” first court appearance will be clicking on one of the links below.

• Winnipeg

  • Court date was between November 16 and December 11

  • Court date was between December 14 and December 31

  • Court date was between January 4 and January 8

  • Court date was between January 11 and January 29

• Winnipeg Legal Aid Administrative Court

  • Court date was December 8 at 9:30 am in courtroom 402

• Brandon, Thompson, The Pas, Dauphin, or Portage la Prairie

  • Court date was between November 16 and December 11

  • Court date was between December 14 and December 31

  • Court date was between January 4 and January 8

  • Court date was between January 11 and January 29

• All other rural court appearances

  • Court date was between November 16 and December 11

  • Court date was between December 14 and December 31

  • Court date was between January 4 and January 8

  • Court date was between January 11 and January 29

  • List of court locations that will not open court in the foreseeable future

You can always call the Provincial Court to confirm what your next court date will be at 204-945-3454, ext. 1 for English and then ext. 0 for reception.

If you have a lawyer already

If you have a lawyer, you can contact him or her to find out when your new court date will be. Please keep in mind, if you had a guilty plea date, sentencing date, or trial date arranged between November 12 and January 29, your lawyer will have to coordinate a new date with both the court office and the assigned Crown Attorney and that will take some time to organize. So please, be patient as we reschedule and finalize new dates. (If you are already a client of Rees Dyck Rogala, you can contact Kyra at Front Reception at our firm to confirm your next court date 204-415-5544 ext. 0).

Provincial Court - Northern Communities

On October 30, 2020, the Provincial Court of Manitoba sent out a notice that some court locations would not see court resuming until at least January 2021 (Brochet First Nations, Cross Lake, and Norway House). A list of other court locations did not expect to hold court for the foreseeable future (Gillam, God’s Lake Narrows, God’s River, Lac Brochet, Oxford House, Peguis, Poplar River, Pukatawgan, Shamattawa, South Indian Lake, Split Lake, and Waywayseecappo). There was a plan to return to several communities in November (Garden Hill, Churchill, St. Martin, and Sioux Valley). You can read the official notice by clicking here. However, after the announcement on November 30, 2020, all rural court dates are cancelled until at least January 8th.

Traffic Court at 373 Broadway

The Provincial Offences Court office at 373 Broadway will be closed to the public between November 12, 2020 and January 29, 2021. Any court appearances between those dates will have to be rescheduled. Click here to see the official court notice about traffic tickets. The court notice says that the new date and time will be sent to you, but you can also follow up with them directly by phone 204-945-3156 or 1-800-282-8069 ext 3156 or by email to poc@gov.mb.ca.

Manitoba Court of Queen’s Bench

On November 10, 2020, the Manitoba Court of Queen’s Bench announced that all matters scheduled to appear between November 16 to December 11 were cancelled, except for judge-alone criminal trials with an accused in custody. All jury trials that were going to start during this time will be rescheduled, but trials already in progress are allowed to finish. You can read the official notice by clicking here. The Court is prepared to allow virtual trials to proceed with permission from the Associate Chief Justice on a case-by-case basis. Many other judicial services that were being offered by video or audio conference are going to continue (including criminal, civil, family, and child protection matters).

Manitoba Court of Appeal

On November 2, 2020, the Manitoba Court of Appeal announced that all hearings would be conducted remotely (by telephone or video appearances) until further notice. You can read the official notice by clicking here. There were no updates or changes to this policy after the provincial announcement.

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About the author

Michael Dyck is a partner at Rees Dyck Rogala Law Offices. He represents clients primarily from Winnipeg, Steinbach, and rural Manitoba. He has extensive experience helping people charged with criminal offences and focuses on building legal strategy with clients. To read more of his articles, please visit his partner's website TomRees.ca.

Finding the Best Criminal Lawyer - Is Your Lawyer Legit or Full of It?

For many people charged with a criminal offence, it is their first time. It is stressful to think about the potential consequences and it is stressful to know what to do or who to hire. First, I would always recommend that you hire a lawyer if you are charged with a criminal offence. As a criminal defence lawyer, it makes sense that I would recommend you hire one, so I may be biased. But you don’t have to listen to me. Whenever people that are very familiar with the justice system like judges, police officers, or corrections officers are charged with a criminal offence, they hire a lawyer. I want to help explain how I think it should work when you hire a criminal lawyer so that you can figure out if the lawyer you meet with is legit or full of it.

What is a retainer

A legit lawyer will explain this in detail

A “retainer” is a word that a lot of new clients have heard before, but almost no one understands exactly what it means or how it works.

In a very basic sense, a retainer is like a pre-pay or a down payment. It is money collected at the beginning of the case to cover the lawyer’s bill at the end of the case. The reason criminal lawyers like this process is because, unfortunately, some clients may not pay an outstanding bill after all the work is done. Even in cases where I was able to get an outstanding result for a client, some still haven’t paid their outstanding bills. By collecting a retainer upfront, it guarantees that the lawyer will get paid for his or her work at the end of the case.

To be more specific, any money that you pay to the lawyer as a retainer does NOT go to the lawyer directly. Instead, it goes into a special type of bank account called a “trust account” and the trust account is handled by the lawyer’s firm. It is called a trust account because you are trusting the money to him or her. Money in a trust account at a law firm is really just like any other bank account that you’d have. It is still your money, but we are holding onto it for you. We cannot lose or spend your money, and the only way the money can leave the trust account is with the client’s permission. After a lawyer completes work on your file, then he or she can prepare a bill for the work completed and the money can then be transferred from the trust account to a pay cheque for the lawyer.

So, it is different than a pre-pay because even if a client pays a retainer on day one, the lawyer you hire does not actually receive any of the money yet (but he or she hasn’t completed any work, so he or she doesn’t really deserve any money yet). Lawyers can only receive money paid as a retainer after they prepare a bill for work completed.

A legit lawyer will explain in detail to new clients what a retainer is so clients actually understand what is going on. I always explain what a retainer is in detail and I often use an analogy at my initial meetings to help clients understand.

How much does it cost

A legit lawyer will tell you exactly

First, you have to know that all lawyers seem to do things a bit differently. The key is to ask a lot of questions so you can understand how the costs and fees actually work.

Some lawyers charge clients using a block fee or a flat fee. This system works like a menu at a restaurant. There are different types of legal work the lawyer can do (such as a bail application, a guilty plea, or a trial) and there are different costs for each of those types of work. It seems that most Winnipeg defence lawyers prefer to use block fees. 

Alternatively, lawyers can also use an hourly rate. Lawyers keep track of every minute they spend working on the file including every meeting, phone call, text message, and email. The lawyer prepares a detailed timesheet that documents the work completed and then multiplies it by the hourly rate. The problem with hourly rates is that neither the client or the lawyer knows what the final bill will be, so it can make some clients anxious and the final bill may be a surprise. There isn’t a right or wrong way here - some clients like block fees and some like hourly rates. The key is for you to understand how the lawyer will be charging you at the outset.

A legit lawyer will tell you exactly what the block fees are (or quote you a range) and/or tell you what the hourly rate is. I almost exclusively use block fees because I want my clients to be able to plan and budget for their legal fees. I think that an experienced criminal defence lawyer should be able to estimate how much work a particular case will require and quote an exact block fee for the client. Some lawyers do not tell you what the final costs will be, or they can be vague about the block fee. But, to me, that doesn’t seem like a fair way to treat someone. At a restaurant, you get to see the prices before you order your food, shouldn’t that same idea apply to legal fees? I always tell my clients what the exact block fee will be at our first meeting.

Initial retainer vs. final cost

A legit lawyer will tell you both

An initial retainer is the amount of money the client must pay into the trust account before the lawyer will begin any work.

For some lawyers, they will tell you that they won’t open a file for you or start any work unless you pay an initial retainer first. I think that is a completely reasonable approach as long as the lawyer explained what the block fees are or what the hourly rate is. Many lawyers, myself included, will not start working on a file unless a client has paid an initial retainer or made a first payment on a payment plan. Not all lawyers ask their clients to pay an initial retainer. It is important to discuss with your lawyer if there is an initial retainer amount and then what that amount is.

One problem that can occur is when a lawyer tells you a retainer amount and you assume it is the final cost, but the lawyer meant that it was only the initial retainer. In most cases, the initial retainer is NOT the same as the final cost. This problem is easy to avoid if you can confirm if the amount quoted is an initial retainer or the final cost. Some lawyers may try and lure new clients with a lower retainer amount than other lawyers, but then surprise clients part way through the case with the final costs/fees.

A legit lawyer will tell you what the retainer amount is as well as what the final cost is (either as a block fee or hourly rate). I always tell my clients what the final costs or fees will be at our first meeting. I do not ask my clients to pay an initial retainer. Instead, I provide my clients with the final cost and then I start working on the case after the first payment is complete.

What is a retainer agreement

A legit lawyer will give you one

Lawyers love paperwork, right? Not always, it seems. A retainer agreement is a letter that the lawyer prepares and gives to the client to ensure the client understands how it works to hire the lawyer and what the costs or fees are. In many ways, it is like a contract between the lawyer and the client. The retainer agreement can outline what the retainer amount is, what the block fees are, what the hourly rate is, and how the lawyer charges the client if the legal relationship ends early.

In my experience, a lot of Winnipeg criminal defence lawyers don’t use retainer agreements. It isn’t a requirement from the Law Society of Manitoba, but they do recommend that lawyers put details in writing for clients about costs. Under the commentary section of the Code of Conduct for “Reasonable Fees and Disbursements” it says:

A lawyer should provide to the client in writing, before or within a reasonable time after commencing a representation, as much information regarding fees and disbursements, and interest, as is reasonable and practical in the circumstances, including the basis on which fees will be determined.

I think a legit lawyer should provide you with a retainer agreement in order to make sure the you understand everything properly and to help avoid misunderstandings. No one has a perfect memory, so the retainer agreement makes sure what was discussed at the meeting is written down and agreed upon by everyone. I think a retainer agreement helps my clients clearly understand how the lawyer-client relationship works and what the costs and fees are, so I always prepare retainer agreements at the end of our first meeting so they can review it in detail before they make any decisions.

Are there extra costs

A legit lawyer will tell you

Part of the discussion about costs and fees should include details about extras. Are taxes extra? Is travel time and mileage extra? Are there extra costs for disbursements like photocopies or postage? Some firms have a “file disbursement fee” that is designed to cover all the costs of photocopies and postage, but you should still make sure you know what the file disbursement fee is. These are questions that should be answered at the first meeting.

The Code of Conduct from the Law Society says:

A lawyer must not charge or accept a fee or disbursement, including interest, unless it is fair and reasonable and has been disclosed in a timely fashion.

In some cases, lawyers decide to charge clients an additional amount for exceptional results. Basically, if the lawyer does a great job and gets a great result for the client, the lawyer can charge a “win bonus.” This is not against the Code of Conduct, but I think a lawyer would have to tell a client they may decide to charge a win bonus in the retainer agreement.

A legit lawyer will provide you all the details about extra costs and include them in the retainer agreement. I always tell my clients all the details about disbursements and travel time and mileage costs. I include that information in the retainer agreement that I give to my clients at the end of the first meeting. Finally, I have never charged a client a win bonus and I don’t plan on doing it. I think I should be motivated to work hard for you because you hired me and you are paying me to do a job. I do not think I should need “extra motivation” to try and get you a great result. 

Can I get a receipt

A legit lawyer will provide receipts

The Law Society has very strict rules about how lawyers accept money from clients. For cash payments, a lawyer must always issue you a receipt immediately. It is best to count out cash together and then both you and the lawyer should sign the receipt to confirm the amount, then the lawyer provides you with a copy of the receipt. For cheques or money orders, a receipt isn’t necessary because the amount being paid is clearly written, but you can always request a receipt if you would like one. For credit/debit payments, you should be able to receive a copy of the payment slip from the debit/credit machine for your records and you could also request a receipt from the firm if you would like one.

A legit lawyer will always issue you a receipt immediately for cash payments and will offer to issue you a receipt for other payment types. At our firm, we always issue receipts for cash payments as well as whenever a client requests one.

Non-refundable retainer

A legit lawyer won’t say this

This one is really easy to explain. All lawyer fees have to be fair and reasonable - the Law Society says so. So, if you hire a lawyer today and pay him or her a $1,000 retainer, and then tomorrow you change your mind, the lawyer doesn’t get to automatically keep that money. Even if the lawyer told you the retainer was non-refundable. Even if the receipt said the payment was non-refundable (this is something I’ve actually seen on the receipt for a Winnipeg criminal defence firm). Instead, the lawyer would have to justify what legal work was completed, provide a bill for that work, and provide a refund if there was any money remaining in the trust account.

A legit lawyer would never tell you that a retainer is non-refundable because that would be intentionally misleading to you. Frankly, if the term non-refundable retainer came up at some point during a meeting with a Winnipeg criminal defence lawyer, I would walk out of that meeting. I always explain how costs and fees work with my clients because I want them to actually understand so they can make informed decisions. I have never told a client that a retainer is non-refundable and the receipts from my firm definitely do not say that either. 

Legal Aid Plus Cash

A legit lawyer won’t double dip

A lawyer is allowed to collect the Legal Aid application fee of $25 to forward to Legal Aid on your behalf. If your application with Legal Aid Manitoba is approved, it means that Legal Aid will pay the lawyer for the legal work that needs to be completed on the case. You do not need to pay the lawyer anything more or extra to work on the case. Sometimes, people think that if they can pay the lawyer something extra, that they will get better service from the lawyer. However, lawyers are not allowed to accept payments for legal work that is covered by Legal Aid and it would be fraudulent and unethical for them to do so. There is an exception where you can pay a lawyer privately for parts of the case that Legal Aid refuses to pay for. For example, if Legal Aid does not authorize travel time or mileage for a file, the lawyer may bill Legal Aid for the legal work and then bill the client privately for travel time and mileage (assuming the client has agreed to this in advance).

A legit lawyer will not ask for more money on a case where Legal Aid is already approved. If the lawyer is not prepared to work for what Legal Aid pays, then the lawyer should not have agreed to take the case on a Legal Aid basis. I never double dip or suggest that I’ll work harder for clients on Legal Aid if they pay me something extra.

False or mis-leading ads

A legit lawyer won’t break the rules

The Manitoba Law Society’s Code of Conduct has specific rules about how lawyers in Manitoba are allowed to advertise. Basically, advertisements have to be truthful, accurate, and verifiable and they cannot be misleading, confusing, deceptive, or likely to be misleading, confusing, or deceptive. Manitoba lawyers cannot suggest they are superior to other lawyers, suggest or imply that they are aggressive, or disparage or demean other people, groups, or organizations. So, if you see an advertisement or a lawyer’s website and it says anything like this, they are breaking the Code of Conduct and acting unethically:

• they are the one of the best criminal lawyers in Winnipeg

• they provide the best legal help

• they are the most trusted lawyer in Winnipeg

• they are the best assault lawyer in Winnipeg

• they are one of the best drive impaired lawyers in Winnipeg

• they are the top cyber fraud lawyer in Winnipeg

• they say when most lawyers give up and refuse to take up your case, they take it as a challenge to help you

• they say they are aggressive or will do what it takes to win

• they say they have a very high success rate

You also need to be careful about lawyers that claim they have won certain awards like “DUI Defence Attorney Top 10” from Attorney and Practice Magazine or “The National Trial Lawyers Top 40 Under 40” or if they advertise a rating from a website that they aren’t actually on, like Avvo.com. Some unethical lawyers claim they won awards that they actually didn’t.

Additionally, Manitoba lawyers cannot claim they are a specialist or an expert in a certain are. Instead, lawyers can only say they have a preferred area of practice. For example, I cannot say that I am a drive impaired expert, but I can say I am a criminal defence lawyer and a big part of my practice focuses on drive impaired cases.

A legit lawyer will not break the advertising rules in the Code of Conduct to try and get new clients. I know the advertising rules and make sure I am following them.

Trouble with the Law Society

A legit lawyer doesn’t break the rules

If a lawyer breaks one of the rules in the Law Society's Code of Conduct, the decision is publicly available. Before you decide to hire a lawyer, you may want to check to see:

1. If the lawyer has ever been disciplined by the Law Society of Manitoba (you can search by year or by the last name of the lawyer)

2. If the lawyer is currently under suspension, a restriction, injunction, or an undertaking with the Law Society of Manitoba

3. If the lawyer has an upcoming disciplinary hearing with the Law Society of Manitoba

A legit lawyer will not constantly be in trouble with the Law Society. I have not been disciplined, suspended, or on an undertaking with the Law Society of Manitoba.

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About the author

Michael Dyck is a partner at Rees Dyck Rogala Law Offices. He represents clients primarily from Winnipeg, Steinbach, and rural Manitoba. He has extensive experience helping people charged with criminal offences and focuses on building legal strategy with clients. To read more of his articles, please visit his partner's website TomRees.ca.

Why Would I Need an Affidavit?

Who Can take an affidavit?

How do i give an affidavit?

How do you get an affidavit?

what is an affidavit?

Chances are, you have heard the word affidavit (pronounced aff-ah-David) before on a TV show or movie, but most people have no clue what it actually is. If you’re curious to learn or if you need an affidavit to be prepared, you’ve come to the right place.

What is an affidavit?

An affidavit is a legal statement containing a written set of facts, where an affiant or deponent (the person making the statement and attesting to the affidavit’s truth) voluntarily swears or affirms that the statement is true. Affidavits are formal legal documents and the set of facts in the statement is your personal knowledge about the particular circumstance or event that you are providing an affidavit for. You can include your personal opinion or belief, but beliefs or opinions must be clearly identified in the affidavit.

Lawyer to human translation

You’ve probably seen characters on different TV shows or movies testify as a witness in court. Before the witness starts, they usually put a hand on a Bible and swear the testimony will be “the truth, the whole truth, and nothing but the truth.” If a witness lies in court after swearing to tell the truth, it is called perjury and it is a criminal offence. In Canada, perjury is a pretty serious crime because the Crown Attorney has to proceed by way of indictment (the Canadian word for felony) and the maximum sentence is 14 years in prison. So, if you swear under oath to tell the truth, we really want you to be truthful.

An affidavit is very similar to testifying in court, except you prepare a document and can review it in detail before you swear and sign it instead of answering questions on the spot in court. You normally prepare the document with a lawyer and you have the chance to make any necessary edits or changes so the information is 100% accurate. Then, you either swear on a Bible or you can solemnly affirm the information in the affidavit is truthful. If you lie in an affidavit, it is just like lying in court and you can be charged with perjury. Information in the affidavit has to be facts that you know about because you saw it, or said it, or heard it. If you include information that isn’t first-hand knowledge, you have to make it clear in the affidavit that it is not first-hand information.

Why would I need an affidavit?

Because an affidavit is sworn or affirmed to be true, it is used to provide evidence (or proof of something). Here are some common circumstances where an affidavit may be needed:

• To make a statement to be filed in court

• To confirm you did not have possession of stolen property or illegal drugs

• To state that you received legal documents

• To verify your residency

• To confirm a name change in the event of marriage or divorce

• To claim property

• To verify identity

• To verify a death

How do I give an affidavit?

After drafting the statement of facts, the affiant must swear or solemnly affirm that the contents of the affidavit are made truthfully and accurately. The document is then signed by the person making the affidavit as well as the person administering it (usually a lawyer). The affidavit must be taken in the administrator’s presence, and he or she must be satisfied that the affiant’s signature is genuine. Signing an affidavit that has false or misleading information can result in criminal penalties. That is why it is important to carefully review the statement to ensure that it is truthful.

Who can take an affidavit for me?

An affidavit can only be administered before certain people set out by provincial laws. Affidavits can be taken by a licenced lawyer in the Province of Manitoba or by a Commissionaire of Oaths. A lawyer could provide you legal advice as the two of you prepare the affidavit whereas a Commissionaire of Oaths can only act as an administrator. Depending on the situation, it may be better to have a lawyer act as the administrator.

Michael Dyck is a lawyer licensed to practice in Manitoba, so he can help you take an affidavit at his head office in Winnipeg or his satellite office in Steinbach, Manitoba. Please click here to connect with Michael Dyck today.

Rees Dyck Rogala Law Offices are open during the coronavirus / COVID-19 pandemic. We are taking precautions to limit the spread of the virus. We are conducting interviews and meetings by phone or video conference and ensuring enhanced cleaning and social distancing policies if clients must attend our office in person.

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About the author

Michael Dyck is a partner at Rees Dyck Rogala Law Offices. He represents clients primarily from Winnipeg, Steinbach, and rural Manitoba. He has extensive experience helping people charged with criminal offences and focuses on building legal strategy with clients. To read more of his articles, please visit his partner's website TomRees.ca.

Where can I find a notary public?

Who needs a notary?

Why would I need a notary?

Who are notary public?

And where can I find a notary public?

Who needs a notary?

Have you recently been told that you need to hire a notary, or have documents notarized in Manitoba, but you do not know what that means? A notary, or notary public, is a person authorized by the government to administer oaths, take legal statements, and authenticate legal documents. For example, notaries can take affidavits, affirmations, and declarations. They can also verify contracts, property deeds, and government forms.

Why would I need a notary?

The purpose of using a notary is to prevent fraud. When a notary administers an oath, takes a statement, or authenticates a document for you, they have several tasks. First, they must confirm your identity. Second, if you are signing a document, they must confirm that you know what is being signed. Third, they must confirm that you are doing this of your own free will.

How do you know when a document is notarized?

When authenticating legal documents, a notary will put their seal and signature on the document. A seal is an impression or stamp using ink or crimping. Michael Dyck’s notary stamp leaves an imprint instead of ink. This imprint and signature is how you know that the document has been verified by a notary and is “notarized.” However, when taking legal statements within Manitoba, the document does not need the notary’s seal and signature for the document to be valid. Once a document has the seal of a notary, it is presumed by law to have been signed by the people identified in the document. Certified copies under the seal of a notary are also presumed to be true and exact copies of the original document.

Who are notary public?

In Manitoba, some practicing lawyers are notaries. Non-lawyers may also be notaries, but they must renew their notarial commission every two years and cannot give legal advice.

What are some common documents that may need to be notarized?

• Birth certificates

• Marriage or divorce contracts

• Proof of non-marriage

• Powers of attorney

• Invitation to visit

• Degrees and student transcripts

• Business contracts

• Adoption papers

• Property deeds

• Contracts and commercial instruments

• Protest notes

• Bills of exchange

• Foreign documents

Where can I find a notary public in Manitoba?

Michael Dyck is both a lawyer licenced to practice in Manitoba and a notary, so he can help you notarize documents at his head office in Winnipeg or his satellite office in Steinbach, Manitoba. Please use the contact form below to connect with Michael Dyck today.

Rees Dyck Rogala Law Offices are open during the coronavirus / COVID-19 pandemic. We are taking precautions in order to limit the spread of the virus. We are conducting interviews and meetings by phone or video conference and ensuring enhanced cleaning and social distancing policies if clients must attend our office in person.

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About the author

Michael Dyck is a partner at Rees Dyck Rogala Law Offices. He represents clients primarily from Winnipeg, Steinbach, and rural Manitoba. He has extensive experience helping people charged with criminal offences and focuses on building legal strategy with clients. To read more of his articles, please visit his partner's website TomRees.ca.

Manitoba Court Closures (Coronavirus / COVID 19 Response)

This post was last updated on May 21, 2020 at 11:03 am.

Please click here to visit my updated COVID-19 court post.

Due to concerns about the spread of Coronavirus (COVID-19), all three levels of court in Manitoba announced on March 16, 2020 action to essentially shut down all courts across the province.

Because most of the criminal cases are handled by the Provincial Court, I am going to focus on what you need to know to confirm when your next court date will be. If you are NOT in custody right now, you will NOT have a court appearance between now and May 29, 2020. This means that first appearances, remand appearances, guilty plea dates, sentencing dates, and trial dates for people who are not in custody are all being cancelled and will have to be rescheduled.

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Major Update

The Provincial Court is extending the shutdown now from May 1 to May 29, 2020 for out of custody cases

You can read the full announcement by clicking here

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If you have a lawyer already

If you have a lawyer, you can contact him or her to find out when your new court date will be. Please keep in mind, if you had a guilty plea date, sentencing date, or trial date arranged between March 17 and May 29, your lawyer will have to coordinate a new date with both the court office and the assigned Crown Attorney and that will take some time to organize. So please, be patient as we reschedule and finalize new dates. Keep in mind, nothing is happening before May 29th, so there is no need to panic and fill up our voicemails right now.

Major Update (March 26, 2020 at 7:01 pm): All clients who had a guilty plea, sentencing, or trial date set during the shutdown will NOT be able to even reschedule a new date until after May 1st.

If you have a first appearance before May 29

If you were recently arrested and released by the police with a court date in Winnipeg or rural Manitoba between now and May 29, 2020, please check the list below to see when your first court appearance will probably proceed. If you are feeling overwhelmed with all of this (and you don’t have a lawyer on your case already), please click here to contact me to set up a time to talk and I can help you with your first court date and your case.

If you want to be sure

You can always call the Provincial Court to confirm what your next court date will be by calling 204-945-3454, ext. 1 for English and then ext. 0 for reception. Once again, this announcement was only made on March 16th, so I would say wait at least a week or two so the court staff can be able to confirm when rescheduled court appearances will be held.

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Provincial Court - Official Replacement Dates

• Click here to download the official replacement dates for March 17-20, 2020

• Click here to download the official replacement dates for March 23-27, 2020

• Click here to download the official replacement dates for March 30-April 3, 2020

• Click here to download the official replacement dates for April 6-9, 2020

• Click here to download the official replacement dates for April 14-17, 2020

• Click here to download the official replacement dates for April 20-24, 2020

• Click here to download the official replacement dates for April 27-May 1, 2020

• Click here to download the official replacement dates for May 4-8, 2020

• Click here to download the official replacement dates for May 11-15, 2020

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Traffic Tickets at 373 Broadway

All Provincial Offence Notices (like charges under the Highway Traffic Act) will be rescheduled and the Manitoba government said that people will be notified about the new dates. All NEW tickets will be automatically put over for 60 days from when the ticket is filed with the court, so the deadlines to pay will also be pushed back.

If you want to fight a ticket, you can call 204-945-3156 or 1-800-282-8069 extension 3156 to speak to a court representative about options. It may be faster to email POC@gov.mb.ca instead. If you just wanted to make a payment, you can do that either online, by mail, or by dropping off your payment in the secure drop box located in front of 373 Broadway. Click here for more information about making a payment.

On May 21, 2020, the Provincial Court released an update about tickets (provincial offence notices) appearing at 373 Broadway. The main office at 373 Broadway will be closed until July 6, 2020. However, they will be setting up teleconference calls for people wanting to plead guilty and seek a reduction in the fine as well as to set a trial date. For all the details, please click here to view the official notice.

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Provincial Court - Winnipeg Sittings (Not in Custody)

Adult

• Normally every Monday, Tuesday, and Wednesday at 1:00 pm in rooms 301 and 302

• Announcement from March 18, 2020 says that any matters appearing while the court is shut down will automatically be remanded 8 weeks (for example, court appearances on March 17 went to May 12 automatically) and the court’s website will be updated with the correct remand dates

Adult regular drug charges

• Normally every 1st and 3rd Thursday afternoon at 1:00 pm in 301

Adult summary conviction or special drug charges

• Normally every Monday at 1:00 pm in room 303

Adult diversion cases

• Normally every 1st and 3rd Friday afternoon at 1pm in 301

Youth

• Normally Tuesday mornings at 9:00 am in room 302

Drug Treatment Court

• Normally Tuesday afternoons at 1:00 pm in room 303

Mental Health Court

• Normally Thursday afternoons at 1:00 pm in room 303

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Provincial Court - Rural Sittings

Altona - June 22, 2020 (regular docket)

Arborg - June 1, 2020 (regular docket)

Ashern - June 10, 2020 (regular docket)

Beausejour - June 1, 2020 (Lac du Bonnet docket) & June 2, 2020 (regular docket) & June 16, 2020 (child protection docket)

Berens River - June 9, 2020 (regular docket)

Bloodvein - June 10, 2020 (regular docket)

Cross Lake - TBD

Emerson - June 11, 2020 (regular docket) & June 17, 2020 (child protection docket)

Garden Hill - June 24, 2020 (regular docket) & June 25, 2020 (child protection docket)

Gimli - June 15, 2020 (regular docket) & June 16, 2020 (trial docket)

Little Grand Rapids - July 8, 2020 (regular docket)

Lundar - June 18, 2020 (regular docket)

Morden - June 2, 2020 (trial docket) & June 9, 2020 (regular docket)

Norway House - TBD

Pauingassi - July 23, 2020 (regular docket)

Peguis - June 1, 2020 (child protection and trial docket) & June 2, 2020 (regular docket) & June 17, 2020 (trial docket)

Pine Falls - June 2, 2020 (child protection and youth docket) & June 3, 2020 (regular docket) & June 4, 2020 (trial docket)

Poplar River - June 1, 2020 (regular docket)

Selkirk - June 2, 2020 (trial docket) & June 5, 2020 (regular docket) & June 29, 2020 (federal/drug docket)

St. Boniface - June 12, 2020 (regular docket)

St. Martin - June 17, 2020 (regular docket) & June 18, 2020 (child protection and trial docket)

St. Pierre - June 22 & 23, 2020 (regular docket)

St. Theresa Point - June 10 & 11, 2020 (regular docket)

Steinbach - June 4 (regular docket) & June 5, 2020 (trial docket) & June 12, 2020 (child protection docket)

Stonewall - June 15, 2020 (regular docket) & June 22, 2020 (trial docket)

*If your rural court appearance is not listed, it is because I have not been able to determine what the next court sitting will be. Please contact the court office directly to confirm when your appearance will be.

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You can check out the news stories about this from CTV Winnipeg “Court sittings cancelled due to COVID-19 concerns,” the Winnipeg Sun “COVID-19: Extraordinary times, extraordinary measures for MB justice system,” and the Winnipeg Free Press “Manitoba courts take 'unprecedented step' in coronavirus efforts.”

The Manitoba Court of Appeal made the following announcement (click here to download the full notice):

Effective and including Friday March 20, 2020, the Manitoba Court of Appeal will suspend all appeal and chamber matters up to and including Friday April 17, 2020, at which time the COVID-19 situation will be reassessed. The only exceptions will be urgent matters and matters where all parties consent to having their appeal or chamber matter heard based only on written materials filed with the court. Urgent matters will be heard by teleconference or again, where all parties consent to a paper hearing, based only on written filings.

The Manitoba Court of Queen’s Bench made the following announcement (click here to download the full notice):

During the period from March 17 to April 17, 2020, the Court of Queen’s Bench is limiting scheduled matters to either emergency or urgent matters as they will be identified below based on the distinctive work of the Court’s General and Family Divisions. The application of this direction to the period following April 17, 2020 is subject to evolving information concerning the virus. Criminal Matters - Trials, voir dires, and criminal motions. All non-custody matters will be adjourned to a special assignment list presently scheduled for April 16, 2020, at 9:30 a.m. That date is subject to change. All presently scheduled in-custody matters must be the subject of a special pre-trial conference before a designated judge. The judge will receive submissions so as to determine whether the trial will proceed or not. Bails and Bail Reviews - This court will continue to function. All other criminal matters, including estreatals, summary conviction appeals, pre-trial conferences, and case management conferences, are adjourned sine die.

The Manitoba Provincial Court made the following announcement (click here to download the full notice):

Effective immediately, all circuit courts sittings throughout Manitoba are cancelled until and including May 1, 2020 or until further notice. All circuit court matters will be adjourned to the first scheduled sitting of that circuit following May 1, 2020. For all adult and youth in custody circuit matters counsel are encouraged to schedule teleconference case management meetings to discuss alternative options for hearings. In addition to all circuit locations being cancelled, all adult and youth out of custody appearances in Winnipeg, Portage la Prairie, Brandon, Dauphin, The Pas, Thompson, Selkirk, Steinbach, Swan River, Minnedosa, Morden, Flin Flon and Virden including first appearances and trials between March 17, 2020 and May 1, 2020 are cancelled. Those having an appearance between these dates are encouraged to contact their lawyer, check the Manitoba Courts website or contact the court centre for specific appearance dates. Efforts will be made throughout the province to increase the number of telephone points of contact for the public to access information. The Provincial Court of Manitoba remains open to deal with in custody matters in all court centres (Winnipeg, Portage la Prairie, Brandon, Dauphin, The Pas and Thompson), and is available to hear applications with respect to other urgent matters. Adult and youth in custody bail and disposition courts will continue to sit, with accused persons appearing by video if available. Efforts will be made to facilitate counsel appearing by telephone when requested.

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About the author

Michael Dyck is a partner at Rees Dyck Rogala Law Offices. He represents clients primarily from Winnipeg, Steinbach, and rural Manitoba. He has extensive experience helping people charged with criminal offences and focuses on building legal strategy with clients. To read more of his articles, please visit his partner's website TomRees.ca.