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2nd Session, 40th 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 16

THE DEPARTMENT OF JUSTICE AMENDMENT ACT


  Bilingual version (PDF) 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. J35 amended

1           The Department of Justice Act is amended by this Act.

2           Section 11 is amended by striking out "14 and 15" and substituting "14, 15 and 15.1,".

3           The following is added after section 15:

Retaining lawyer for person unable to get legal aid

15.1(1)     If a court finds that a person who is not able to obtain legal aid is entitled by law to government-funded legal representation,

(a) the lawyer for the person is to be retained in accordance with a prescribed process; and

(b) the lawyer is to be paid at a prescribed rate, subject to subsection (3).

Payment for lawyer assisting court

15.1(2)     If a court

(a) directs that a lawyer be appointed to perform certain functions in a trial under authority of a statute or to preserve a person's rights under the Canadian Charter of Rights and Freedoms; and

(b) directs the government to pay the lawyer's fees and disbursements;

the lawyer is to be paid at a prescribed rate, subject to subsection (3).

Legal aid lawyer may act

15.1(3)     A lawyer employed with Legal Aid Manitoba may act in the circumstances set out in subsection (1) or (2). If this occurs, the government is to pay Legal Aid Manitoba for the lawyer's services at a prescribed rate.

Regulations

15.1(4)     The Lieutenant Governor in Council may make regulations

(a) prescribing the process for retaining a lawyer in the circumstances set out in subsection (1);

(b) prescribing the rate to be paid to lawyers acting in the circumstances set out in this section.

Definition of "legal aid"

15.1(5)     In this section, "legal aid" means legal advice and services provided under The Legal Aid Manitoba Act.

Coming into force

4           This Act comes into force on a day to be fixed by proclamation.

Explanatory Note

This Bill amends The Department of Justice Act.

A court may find that a person who is not able to obtain legal aid is entitled to government-funded legal representation. The lawyer for that person is to be retained in accordance with the regulations and paid at a prescribed rate.

In addition, a lawyer who is appointed to perform certain functions in a trial is to be paid at a prescribed rate when the government is directed to pay the lawyer's fees.