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The Jury Amendment Act

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S.M. 1992, c. 20

The Jury Amendment Act

(Assented to June 24, 1992)

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

C.C.S.M. c. J30 amended

1           The Jury Act is amended by this Act.

2           Clauses 3(p) and (q) of the English versions are amended by striking out "he" in each case and substituting "he or she".

3           Subsection 7(2) of the English version is amended

(a) by striking out "would allow him" and substituting "would allow the Chief Sheriff";

(b) by striking out ", at his request, allow him" and substituting "allow the Chief Sheriff, upon request,"; and

(c) by striking out "permit him" and substituting "permit the Chief Sheriff".

4           Subsection 9(1) of the English version is amended by striking out "his" and substituting "the".

5           Section 12 of the English version is amended by striking out "thereof in his records" and substituting "of that fact in the records".

6           Section 15 of the English version is amended by striking out "his" and substituting "the".

7           Subsection 17(2) of the English version is amended

(a) by striking out "him" and substituting "him or her"; and

(b) by striking out "he" and substituting "the judge".

8           Subsection 18(1) of the English version is amended by striking out "he" and substituting "the sheriff".

9           Subsection 19(2) of the English version is amended by striking out "he" and substituting "the judge".

10          The following is added after section 24:

Leave of absence from employment

24.1(1)     Every employer shall grant to an employee who is summoned to serve as a juror, a leave of absence, with or without pay, sufficient for the purpose of the discharge of the employee's duties, and, upon the employee's return, the employer shall reinstate the employee to his or her position, or provide the employee with alternative work of a comparable nature at not less than his or her wages at the time the leave of absence began and without loss of seniority or benefits accrued to the commencement of the leave of absence.

Liability of employer for breach

24.1(2)     An employer who fails to comply with subsection (1) is liable to the employee for any loss occasioned by the breach of the employer's obligation.

Penalty for reprisal

24.1(3)     Every employer who, directly or indirectly,

(a) threatens to cause or causes an employee loss of position, or employment; or

(b) threatens to impose or imposes on an employee any pecuniary or other penalty;

because of the employee's response to a summons or service as a juror, is guilty of an offence and liable, on summary conviction, to a fine of not more than $5,000. or to imprisonment for not more than three months, or to both.

11          Subsection 25(3) of the English version is amended by striking out "he" and substituting "he or she".

12(1)       Subsection 26(1) of the English version is amended by striking out "his" and substituting "the".

12(2)       Subsection 26(4) of the English version is amended

(a) by striking out "to him"; and

(b) by striking out "he" and substituting "the sheriff".

13          Section 27 of the English version is amended

(a) by striking out "that he", wherever it appears, and substituting "that he or she"; and

(b) by striking out "he may" and substituting "the person may".

14           Section 28 of the English version is amended by striking out "he returns" and substituting "returning".

15          Subsection 35(2) of the English version is amended by striking out "him" and substituting "the sheriff".

16(1)       Clause 42(1)(a) of the English version is repealed and the following is substituted:

(a) fees for each day for which attendance at the court requires the juror to be absent from his or her residence;

16(2)       Subsection 42(2) of the English version is amended

(a) by striking out "his" and substituting "the juror's"; and

(b) by striking out "he" and substituting "the juror".

16(3)       Subsection 42(3) of the English version is amended by striking out "by him" and substituting "by him or her".

17          Subsection 43(1) of the English version is amended by striking out "deputy" and substituting "deputy sheriff".

18          Section 44 of the English version is amended by striking out "his deputy" and substituting "a deputy sheriff".

19          Section 45 of the English version is amended by striking out "he" and substituting "the juror".

20          Section 46 of the English version is amended

(a) in clause (b), by striking out "his" and substituting "his or her"; and

(b) in clause (d),

(i) by striking out "his" and substituting "his or her", and

(ii) by striking out "himself".

21          Section 49 of the English version is amended by striking out "he" and substituting "he or she".

Coming into force

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