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2nd Session, 41st Legislature

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Bill 15

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           The following is added after section 3:

Limit on proceedings against Crown attorneys, etc.

3.1(1)      No action or other proceeding for damages shall be commenced by a person who is or was the subject of a prosecution, in respect of any act done or omitted to be done in the performance or purported performance of a duty or authority in relation to the prosecution, against any of the following:

(a) a Crown attorney appointed under The Crown Attorneys Act;

(b) a person appointed under subsection 3(3) of The Crown Attorneys Act or directed under subsection 5(2) of that Act;

(c) an officer or employee appointed under section 3;

(d) a person who formerly held an appointment under clause (a), (b) or (c) or was formerly directed under clause (b).

Proceedings against Attorney General

3.1(2)      An action or other proceeding may be commenced against the Attorney General by a person who is or was the subject of a prosecution. The Attorney General stands in the place of the person against whom the action or other proceeding would have been brought but for subsection (1) and may be found liable in his or her stead.

Limit on proceedings against Attorney General

3.1(3)      An action or other proceeding may be brought against only the Attorney General if, but for subsection (1), the action or proceeding could have been brought against a person referred to in clauses (1)(a) to (d).

Liability without prejudice

3.1(4)      A finding of liability against the Attorney General is without prejudice to the right of the Attorney General or the Crown to indemnity or other relief from the person in whose place the Attorney General stood in the action or other proceeding.

Application of other Acts

3.1(5)      Sections 9, 11 and 18 of The Proceedings Against the Crown Act and section 41 of The Financial Administration Act apply, with necessary changes, to an action or proceeding under subsection (2). A reference to the Crown or the government in any of these provisions is to be read as a reference to the Attorney General.

Coming into force

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

Explanatory Note

This Bill amends The Department of Justice Act. A person who is or was prosecuted cannot sue a Crown attorney or other specified persons for things done or not done in performing or claiming to perform a duty or authority relating to a prosecution. Instead, the person may bring a proceeding against the Attorney General, who stands in the place of the Crown attorney or other persons.