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The Crown Attorneys Act
This is an unofficial version.
If you need an official copy, use the bilingual (PDF) version.

This version is current as of September 22, 2017.
It has been in effect since October 9, 2008.

Note: Earlier consolidated versions are not available online.


 

C.C.S.M. c. C330

The Crown Attorneys Act

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

Appointment of Crown attorneys

1           Such Crown attorneys as may be required to perform the duties herein mentioned may be appointed as provided in The Civil Service Act; and every person so appointed shall as may be prescribed by the Lieutenant Governor in Council, hold, and discharge the duties of, any office authorized by law.

Deputy Attorney-General a Crown attorney

2           The deputy Attorney-General is, ex officio, a Crown attorney for the province at large.

Crown attorneys to be Manitoba barristers

3(1)        No person shall be appointed a Crown attorney, or shall act in that capacity, who is not a barrister-at-law in good standing at the bar of Manitoba.

Students acting as Crown attorneys

3(2)        Despite subsection (1), an articling student, as defined in The Legal Profession Act, may act as a Crown attorney in chambers or in the provincial court in summary conviction matters.

Non-lawyers acting as prosecutors

3(3)        Despite the other sections of this Act but subject to the Criminal Code (Canada), the Attorney General may appoint persons who are not lawyers or students, within the meaning of The Legal Profession Act, to act under the general direction and supervision of a Crown attorney as prosecutors, as defined in the Criminal Code (Canada), in the Provincial Court in any locations within the province prescribed by regulation under this Act.

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).

S.M. 1993, c. 38, s. 4; S.M. 2002, c. 44, s. 106.

Restrictions on right of Crown attorney to act

4           No Crown attorney shall,

(a) by himself or his partner in legal practice, act or be directly or indirectly concerned as counsel or solicitor for any person in respect of a charge against him of committing an offence against, or punishable under, any law in force in the province; or

(b) appear on behalf of or represent the Crown at an inquest or investigation held or made by a provincial judge, if his partner in legal practice appears on behalf of or represents any person thereat;

(c) repealed, S.M. 2008, c. 42, s. 18.

S.M. 2008, c. 42, s. 18.

Duties of Crown attorneys

5(1)        Every Crown attorney shall, for the district or area for which he is appointed and as may be required by the Attorney-General,

(a) institute and conduct, on the part of the Crown, prosecutions for criminal and penal offences, with all the rights and privileges of the Attorney-General, and attend to all criminal business at the sittings of Her Majesty's Court of Queen's Bench for Manitoba and perform also the like duties in the inferior courts in the province; and

(b) if so requested in writing by a justice who, in the request, states the particular case, advise and instruct him with respect to criminal offences or other matters brought before him for preliminary investigation or for adjudication; and

(c) generally assist in the administration of justice in the province and, without restricting the generality of the foregoing, assume, perform, and discharge, all duties and services, whether in courts of civil or criminal jurisdiction in the province or otherwise,

(i) that are required respecting, or that arise out of or in connection with, or with respect to, the enforcement of, or prosecution for breaches of, the criminal law or any statute or other law in force in the province; or

(ii) that might be performed by the Attorney-General; or

(iii) that the Lieutenant Governor in Council prescribes as part of the duties of a Crown attorney; or

(iv) the assumption, performance, or discharge of, which may be deemed necessary or advisable by the Attorney-General.

Members of Department of Justice staff act as Crown attorneys

5(2)        The Attorney-General may, at any time, direct any barrister-at-law or attorney-at-law on the staff of The Department of Justice to perform any or all of the duties of a Crown attorney for any period or in respect of any one or more matters that the Attorney-General may specify.

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).

S.M. 1993, c. 38, s. 5; S.M. 1993, c. 48, s. 54; S.M. 2008, c. 42, s. 18.

Appointment of acting or assisting Crown attorneys

6           The Attorney-General may appoint a barrister-at-law in good standing at the bar of Manitoba

(a) to act for a Crown attorney during his illness or absence; or

(b) to assist a Crown attorney;

and may fix the fees or other remuneration to be paid to any such person for his services while so acting or assisting.

Regulations

7           For the purpose of carrying out the provisions of any Act imposing duties on Crown attorneys, the Lieutenant Governor in Council may make such regulations and orders as are ancillary thereto and are not inconsistent therewith; and the Lieutenant Governor in Council may also make regulations and orders touching the office of Crown attorney and for the prosecution of offenders against the criminal law or against any statute or other law in force in the province; and every regulation or order made under, and in accordance with the authority granted by, this section has the force of law.