C.C.S.M. c. F52
| |
|
| 1
| (1)
| Definitions
|
|
| (2)
| Interpretation
|
| 2
| (1)
| Appointment of chief medical examiner
|
|
| (1.1)
| Appointment of medical examiners
|
|
| (2)
| Termination of appointment
|
|
| (3)
| Automatic suspension of appointment
|
|
| (4)
| Duties of chief medical examiner
|
|
| (5)
| Powers of chief medical examiner
|
|
| (6)
| Acting chief medical examiner
|
|
| (7)
| Death, incapacity or suspension of CME
|
| 3
| (1)
| Appointment of investigator
|
|
| (2)
| Powers and duties of investigator
|
| 4
|
| Oath of office and allegiance
|
| 5
| (1)
| Subsisting appointments
|
|
| (2)
| Oaths of previous appointees
|
| 6
| (1)
| Reporting deaths
|
|
| (2)
| Police report to medical examiner
|
| 7
| (1)
| Jurisdiction of ME and investigator
|
|
| (2)
| Duties of medical examiner
|
|
| (3)
| Conflict of interest for ME
|
|
| (4)
| Conflict of interest for investigator
|
|
| (5)
| Inquiry as to deaths
|
|
| (6)
| No opinions on culpability
|
|
| (7)
| Act applies where no body recovered
|
|
| (8)
| Investigator to engage medical examiner
|
|
| (9)
| Deaths to which subsection (5) applies
|
|
| (10)
| "Not under the care"
|
| 8
|
| Where unable to make prompt inquiry
|
| 9
| (1)
| Investigation after inquiry
|
|
| (2)
| Mandatory investigation on death of child
|
|
| (3)
| Investigator to assist medical examiner
|
|
| (4)
| ME has exclusive jurisdiction
|
|
| (5)
| Investigation directed by minister or CME
|
|
| (6)
| Successor ME has exclusive jurisdiction
|
|
| (7)
| Examination of records
|
| 10
| (1)
| Child's death to be reported to children's advocate
|
|
| (2)
| Reports to be given to children's advocate
|
|
| (3)
| Reports are confidential
|
| 11
| (1)
| Cordoning off scene of death
|
|
| (2)
| Extension of cordoning off period
|
|
| (3)
| Personal property of deceased
|
|
| (4)
| Removal of objects from scene
|
|
| (5)
| Prohibition of removal
|
|
| (6)
| Section 41 applies
|
| 12
| (1)
| Autopsy
|
|
| (2)
| Mandatory autopsy on deceased child
|
|
| (3)
| Authorization for forensic specialists
|
|
| (4)
| Autopsy report
|
|
| (4.1)
| Extension by chief medical examiner
|
|
| (5)
| Exclusion from autopsy
|
|
| (6)
| Autopsy by order of minister
|
| 13
| (1)
| Removal of body parts
|
|
| (2)
| Disposal of body part
|
| 14
| (1)
| Investigation report
|
|
| (2)
| Opinions on culpability
|
| 15
| (1)
| Release of body after inquiry
|
|
| (2)
| Release of body during investigation
|
|
| (3)
| Medical certificate
|
|
| (4)
| Supplemental medical certificate
|
| 16
| (1)
| Prohibition
|
|
| (2)
| No burial without permission
|
|
| (3)
| View body and examine certificate
|
|
| (4)
| Examine medical certificate
|
| 17
| (1)
| Medical certificate within 48 hours
|
|
| (2)
| Medical examiner to issue certificate
|
|
| (3)
| Medical examiner to take action
|
| 18
| (1)
| Certificate by attending physician
|
|
| (2)
| Notation on medical certificate
|
|
| (3)
| Certificate sufficient for Vital Statistics
|
| 19
| (1)
| CME review of investigation report
|
|
| (2)
| CME to direct holding of an inquest
|
|
| (3)
| Inquest mandatory
|
| 20
|
| Preventive measures and precautions
|
| 21
|
| Opinions on culpability
|
| 22
|
| Multiple deaths in one report
|
| 23
|
| Removal of body to morgue
|
| 24
|
| Investigation where injury likely to cause death
|
| 25
|
| Ministerial direction for inquest
|
| 26
| (1)
| Provincial judge to hold inquest
|
|
| (2)
| One inquest for related deaths
|
| 27
|
| Inquest attendance by Crown counsel
|
| 28
| (1)
| Inquest attendance by interested persons
|
|
| (2)
| Judge may limit examination
|
| 29
|
| Witness deemed to object to questions
|
| 30
| (1)
| Subpoena to witness
|
|
| (2)
| Separation of witness
|
|
| (3)
| Application of Criminal Code
|
|
| (4)
| Witness fee or allowance
|
|
| (5)
| Taking down the evidence
|
| 31
| (1)
| Inquest open
|
|
| (2)
| In camera inquest
|
|
| (3)
| Factors for in camera inquest
|
|
| (4)
| Application for in camera inquest
|
|
| (5)
| Application in camera
|
|
| (6)
| Decision final
|
|
| (7)
| No disclosure of in camera evidence
|
| 32
| (1)
| Report of medical examiner as evidence
|
|
| (2)
| Judge may call medical examiner
|
| 33
| (1)
| Duties of provincial judge at inquest
|
|
| (2)
| In camera evidence and culpability
|
|
| (3)
| Disposition of exhibits by provincial judge
|
|
| (4)
| Disposition of exhibits by CME
|
|
| (5)
| Exemption from liability
|
|
| (6)
| "Exhibits"
|
| 33.1
| (1)
| Completion of inquest report
|
|
| (2)
| Request for extension
|
|
| (3)
| Timing of request
|
|
| (4)
| Extension from Chief Judge
|
|
| (5)
| Notice of extension
|
|
| (6)
| Failure to complete report
|
|
| (7)
| Additional extension
|
| 33.2
|
| Inquest report when Chief Judge presiding
|
| 34
| (1)
| Effect of criminal proceedings on inquest
|
|
| (2)
| After criminal proceedings completed
|
|
| (3)
| Limitation on inquest provincial judge
|
|
| (4)
| Judge unable to complete inquest
|
| 35
|
| Report deemed to be submitted
|
| 36
| (1)
| No removal of body without approval
|
|
| (2)
| Removal by hospital staff
|
|
| (3)
| Penalty
|
| 37
| (1)
| Right of entry
|
|
| (2)
| Warrant to remove body from premises
|
|
| (3)
| Offence and penalty
|
|
| (4)
| Conduct deemed obstruction
|
| 38
| (1)
| Disinterment
|
|
| (2)
| Public Health Act not to apply
|
| 39
| (1)
| Police officer to assist
|
|
| (2)
| Police officer as investigator
|
| 40
| (1)
| Certification of death by CME
|
|
| (2)
| Proof of death for Vital Statistics
|
|
| (3)
| Minister or CME may direct inquest
|
| 41
| (1)
| Handling of objects taken or removed
|
|
| (2)
| Delivery of property to persons entitled
|
|
| (3)
| Destruction where necessary
|
|
| (4)
| Premises may be padlocked
|
| 42
| (1)
| Record to be kept by CME
|
|
| (2)
| Prohibition
|
|
| (3)
| Disclosure with authorization
|
|
| (4)
| Considerations before authorization
|
|
| (5)
| Recipient bound by confidentiality
|
|
| (6)
| Record of disclosure
|
| 43
| (1)
| Report by chief medical examiner
|
|
| (2)
| Annual statistical report by CME
|
| 44
|
| Regulations
|
| 45
|
| CCSM reference
|
| 46
|
| Repeal
|
| 47
|
| Coming into force
|
Home
