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S.M. 2013, c. 33
Bill 16, 3rd Session, 40th Legislature
The Department of Justice Amendment Act
(Assented to December 5, 2013)
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:
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:
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).
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).
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.
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.
15.1(5) In this section, "legal aid" means legal advice and services provided under The Legal Aid Manitoba Act.
4 This Act comes into force on a day to be fixed by proclamation.