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Fifth Session, Thirty-Ninth Legislature

This version is based on the printed bill that was distributed in the Legislature after First Reading.   It is not the official version.   If accuracy is critical, you can obtain a copy of the printed bill from Statutory Publications or view the online bilingual version (PDF).

Bill 8

THE LEGAL AID MANITOBA AMENDMENT ACT


Explanatory Note

(Assented to                                         )

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:

C.C.S.M. c. L105 amended

1           The Legal Aid Manitoba Act is amended by this Act.

2           Subsection 17.1(1) is amended by adding "and section 17.2" after "In this section".

3           The following is added after section 17.1:

Definition of "parent"

17.2(1)     In this section, "parent" means

(a) in a case where a biological parent, or a person declared to be the parent of a child under Part II of The Family Maintenance Act, is responsible for the care and control of a child, the biological parent of the child or the person declared to be the parent of the child under Part II of The Family Maintenance Act, as the case may be;

(b) in a case where an adoptive parent is responsible for the care and control of a child, the adoptive parent of the child; or

(c) in a case where a court of competent jurisdiction has appointed a person as guardian of the person of a child, the guardian of the child;

but does not include the Director of Child and Family Services or an agency under The Child and Family Services Act that is responsible pursuant to any Act or arrangement for the care or supervision of a child.

Responsibility of parent for legal services

17.2(2)     In the following circumstances, the cost of legal aid provided to a child constitutes a debt due and owing from the parent of the child to Legal Aid Manitoba recoverable in any court of competent jurisdiction:

(a) a child is charged with an offence;

(b) the child is ineligible to receive legal aid because of the income or other financial resources of the child's parent or parents, or the refusal or failure of the child's parent or parents to provide information to determine the child's eligibility for legal aid;

(c) the child's parent or parents refuse or fail to retain legal services on behalf of the child;

(d) Legal Aid Manitoba provides legal aid to the child as the result of a direction made under section 25 of the Youth Criminal Justice Act (Canada).

Registration of statement against parent's land

17.2(3)     When legal aid is provided to a child in the circumstances set out in subsection (2), the executive director may register a statement in a Land Titles Office against land owned by the child's parent or in which the parent has an interest.

Form of statement

17.2(4)     The statement must

(a) certify that legal aid was provided to the parent's child; and

(b) set out the following:

(i) the name of the parent whose child received legal aid,

(ii) the value of the legal aid provided,

(iii) the legal description of the land in question,

(iv) Legal Aid Manitoba's address for service.

Time of registration

17.2(5)     The executive director may register a statement in a Land Titles Office only after

(a) all proceedings in relation to the offence in respect of which legal aid was provided are completed and the time allowed for an appeal has expired; or

(b) if an appeal has been commenced, all proceedings in relation to the appeal have been concluded.

Effect of registration

17.2(6)     From the time of its registration, a statement under this section binds and forms a lien and charge on the person's estate or interest in the land against which it is registered for an amount equal to the cost of the legal aid provided to his or her child. However, the statement does not have the effect of severing a joint tenancy or affecting a right under The Homesteads Act.

Application

17.2(7)     Subsections 17.1(3) and (5) apply, with necessary changes, to a statement registered under this section.

Transitional

4           A statement under section 17.2, as enacted by section 3 of this Act, may only be registered for legal aid provided as the result of a direction under section 25 of the Youth Criminal Justice Act (Canada) made after the coming into force of this Act.

Coming into force

5           This Act comes into force on the day it receives royal assent.

Explanatory Note

This Bill enables Legal Aid Manitoba to register a statement against land owned by a parent who fails to retain legal representation for a child charged with an offence.  Legal Aid Manitoba will only be able to register the statement if it provides legal services to the child as the result of a direction made under the Youth Criminal Justice Act (Canada) despite the fact that the child does not qualify for legal aid. The statement acts as a lien on the land for the value of the legal services provided to the child.

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