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The Fatality Inquiries Act

C.C.S.M. c. F52

The Fatality Inquiries Act

INTERPRETATION
1 (1) Definitions
(1.1) Interpretation: death that requires an inquiry
(2) Interpretation
ADMINISTRATION
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(5) to (10) Repealed
INQUIRIES AND INVESTIGATIONS INTO DEATHS
7.1 (1) Deaths that require an inquiry
(2) Interpretation: suicide and homicide
7.2 (1) Inquiry into deaths that occur outside Manitoba
(2) Application
7.3 (1) Inquiry into a death
(2) Taking charge of body
(3) Inquiry if no body
7.4 (1) Inquiry report
(2) No opinion on culpability
8 Where unable to make prompt inquiry
9 (1) Investigation after inquiry
(2) Mandatory investigation
(3) Investigator to assist medical examiner
(4) ME has exclusive jurisdiction
(5) Investigation directed by CME
(6) Successor ME has exclusive jurisdiction
(7) Examination of records
10 (1) Death of child or young adult reported to Advocate for Children and Youth
(2) Reports to be given to Advocate
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
(1.1) External examination
(2) Repealed
(3) Authorization for forensic specialists
(4) Autopsy report
(4.1) Repealed
(5) Exclusion from autopsy
(6) Repealed
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
CALLING AN INQUEST
19 (1) Decision to hold inquest
(2) Considerations
(3) Discretion if other review being conducted
(4) CME may make recommendations
(5) Presumption of inquest
(6) Exception
(7) No inquest if public inquiry to be held
19.1 (1) CME to direct holding of inquest
(2) Single inquest for multiple deaths
20 to 22 Repealed
23
24
25 Repealed
26 (1) Assigning judge for inquest
(2) Inquest cancelled if public inquiry called
26.1 (1) Effect of criminal proceedings on inquest
(2) Inquest after criminal proceedings completed
(2.1) Cancelling inquest
(2.2) Notice to minister
(3) Limitation on inquest provincial judge
(4) Judge unable to complete inquest
26.2 (1) Purpose of inquest
(2) Inquest not a civil or criminal proceeding
(3) Orders and directions
27 Inquest 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) Inquest report
(1.1) Recommendations in inquest report
(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
35 Repealed
GENERAL MATTERS
36 (1) No removal of body without approval
(2) Removal by hospital staff
(3) Penalty
36.1 Removal of body to morgue
36.2 Investigation where injury likely to cause death
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) Repealed
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
43.1 (1) Providing information about deaths resulting from medical assistance in dying
(2) Regulations
(3) Definition
44 Regulations
45 CCSM reference
46 Repeal
47 Coming into force