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The Legal Aid Services Society of Manitoba Amendment and Crown Attorneys Amendment Act

This is an unofficial version.
If you need an official copy, contact Statutory Publications.

S.M. 1993, c. 38

The Legal Aid Services Society of Manitoba Amendment and Crown Attorneys Amendment Act

(Assented to July 27, 1993)

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

PART 1

THE LEGAL AID SERVICES SOCIETY OF MANITOBA ACT

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

1           The Legal Aid Services Society of Manitoba Act is amended by this Part.

2           The following is added after section 15:

Use of non-lawyers

15.1(1)      Notwithstanding section 56 of The Law Society Act and the other provisions of this Act and subject to the provisions of the Criminal Code (Canada), the society may employ individuals who are not barristers or solicitors or students, within the meaning of The Law Society Act, to provide services that would ordinarily be provided by solicitors or graduates-at-law under this Act, provided that those services are provided under the general direction and supervision of a solicitor.

Limitation

15.1(2)     No person who has been disbarred, suspended or struck off the rolls or books of the law society of any province shall be employed under this section.

PART 2

THE CROWN ATTORNEYS ACT

C.C.S.M. c. C330 amended

3           The Crown Attorneys Act is amended by this Part.

4           The following is added after subsection 3(2):

Non-lawyers acting as prosecutors

3(3)        Notwithstanding section 56 of The Law Society Act and the other provisions of this Act and subject to the provisions of the Criminal Code (Canada), the Attorney General may appoint persons who are not barristers or solicitors or students, within the meaning of The Law Society Act, to act as prosecutors, as defined in the Criminal Code (Canada), in The Provincial Court in any locations within the province that may be prescribed by the Attorney General in the regulations under this Act, provided that such persons act under the general direction and supervision of a Crown attorney.

Limitation

3(4)        No person who has been disbarred, suspended or struck off the rolls or books of the law society of any province shall be employed under subsection 3(3).

5           The following is added after subsection 5(2):

Agents of Attorney General

5(3)        Every Crown attorney and every person acting as a prosecutor, as defined in the Criminal Code (Canada), under the authority of this Act is the agent of the Attorney General for the purposes of the Criminal Code (Canada).

PART 3

COMING INTO FORCE

Coming into force

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