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C.C.S.M. c. J35
The Department of Justice Act
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HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:
In this Act,
"department" means the Department of Justice; (« ministère »)
"minister" means the Minister of Justice. (« ministre »)
The department of the Government of Manitoba known as the Department of Justice is continued, and the minister shall preside over the department.
The Minister of Justice is ex officio Her Majesty's Attorney General for Manitoba and the Deputy Minister of Justice is ex officio the Deputy Attorney General.
Renumbered as section 1.2.
(a) is the official legal adviser of the Lieutenant Governor and the legal member of the Executive Council;
(b) shall see that the administration of public affairs is in accordance with law;
(c) shall superintend all matters connected with the administration of justice in the province that are not within the jurisdiction of the Government of Canada;
(d) shall advise on the legislative acts and proceedings of the Legislature, and generally advise the Crown on all matters of law referred to the minister by the Crown;
(e) shall advise the heads of the several departments of the government on all matters of law connected with those departments; and
(f) is charged, generally, with any duties that may be at any time assigned by law or by the Lieutenant Governor in Council to the minister.
The Attorney General
(a) is entrusted with the powers and charged with the duties that belong to the offices of the Attorney General and Solicitor General of England by law or usage, so far as those powers and duties are applicable to the province, and also with the powers and duties that, by the laws of Canada and of the province to be administered and carried into effect by the government of the province, belong to the office of the Attorney General and Solicitor General;
(b) shall regulate and conduct all litigation for or against the Crown or any department of the government in respect of any subjects within the authority or jurisdiction of the Legislature;
(c) is charged with the settlement of all instruments issued under the great seal; and
(d) is charged generally with any duties that may be assigned by law or by the Lieutenant Governor in Council to the Attorney General.
A deputy minister and such other officers and employees as may be required to carry on the business of the department may be appointed as provided in The Civil Service Act.
No action or other proceeding for damages shall be commenced by a person who is or was the subject of a prosecution, in respect of any act done or omitted to be done in the performance or purported performance of a duty or authority in relation to the prosecution, against any of the following:
(a) a Crown attorney appointed under The Crown Attorneys Act;
(b) a person appointed under subsection 3(3) of The Crown Attorneys Act or directed under subsection 5(2) of that Act;
(c) an officer or employee appointed under section 3;
(d) a person who formerly held an appointment under clause (a), (b) or (c) or was formerly directed under clause (b).
An action or other proceeding may be commenced against the Attorney General by a person who is or was the subject of a prosecution. The Attorney General stands in the place of the person against whom the action or other proceeding would have been brought but for subsection (1) and may be found liable in his or her stead.
An action or other proceeding may be brought against only the Attorney General if, but for subsection (1), the action or proceeding could have been brought against a person referred to in clauses (1)(a) to (d).
A finding of liability against the Attorney General is without prejudice to the right of the Attorney General or the Crown to indemnity or other relief from the person in whose place the Attorney General stood in the action or other proceeding.
Sections 9, 11 and 18 of The Proceedings Against the Crown Act and section 41 of The Financial Administration Act apply, with necessary changes, to an action or proceeding under subsection (2). A reference to the Crown or the government in any of these provisions is to be read as a reference to the Attorney General.
The Lieutenant Governor in Council may, by order in council, appoint such committees as may be required
(a) to inquire into, investigate, report, and advise on any matter referred to any such committee by the minister; and
(b) to perform such other duties as may be prescribed by the Lieutenant Governor in Council.
A committee appointed under subsection (1) shall consist of such number of persons, each of whom shall hold office for such term, as the Lieutenant Governor in Council may prescribe in the order.
On appointing a committee under subsection (1), the Lieutenant Governor in Council shall, by order, appoint or provide for the appointment or selection of the chairman and, if deemed advisable, a vice-chairman thereof.
A committee appointed under subsection (1) shall report to the minister within such period as he may direct, or may report to him periodically or from time to time as he may require.
If so provided by order of the Lieutenant Governor in Council, the members of a committee appointed under subsection (1) have the powers and authority, and are subject to the requirements and obligations, granted to, and charged on, commissioners appointed under Part V of The Manitoba Evidence Act or such portions thereof as may be specified in the order.
From and out of the Consolidated Fund, with moneys authorized by an Act of the Legislature to be so paid and applied, the Minister of Finance, on the written requisition of the minister, may pay to persons appointed as members of any committee appointed under subsection (1) such sums as remuneration for their services, as may be fixed by order of the Lieutenant Governor in Council, together with the amount of such reasonable out-of-pocket expenses incurred by them in discharging their duties as may be approved by the Minister of Finance and certified by the minister.
Where the government or any person is represented in any suit or proceeding by a barrister-at-law or a solicitor whose remuneration is paid from the Consolidated Fund, whether by way of salary or otherwise, the government or the person may collect and recover lawful costs in the suit or proceeding in the same manner and to the same extent as if the barrister-at-law or solicitor were not being remunerated from the Consolidated Fund, whether or not those costs are by the terms of the employment or retainer of the barrister-at-law or solicitor payable to the barrister-at-law or the solicitor in addition to the remuneration he is paid from the Consolidated Fund.
The minister may establish and administer a scheme for assisting persons
(a) who are charged with indictable offences under the Criminal Code (Canada) including such indictable offences that are tried summarily; and
(b) who are unable to pay for legal advice and services in respect of proceedings related to the charges;
to obtain legal advice and services in respect of the prosecution of the charges, including appeals arising therefrom and applications for prerogative writs or any other proceedings connected therewith.
For the purpose of administering a scheme established under subsection (1), the minister, for and on behalf of the government, with the approval of the Lieutenant Governor in Council, may enter into agreements and arrangements with The Law Society of Manitoba and such other persons, organizations and associations, whether incorporated or unincorporated, as the Lieutenant Governor in Council deems advisable, and the agreements or arrangements may provide that any party thereto is responsible for determining the persons who are eligible for assistance under a scheme established under subsection (1) and may relate to the selection and remuneration of barristers and solicitors to advise and act for persons eligible for the assistance.
For the purpose of carrying out the provisions of this section, the Lieutenant Governor in Council may make such regulations as are ancillary thereto, and are not inconsistent therewith, and every regulation made under, and in accordance with the authority granted by, this section has the force of law; and without restricting the generality of the foregoing, the Lieutenant Governor in Council may make such regulations
(a) prescribing procedures for administering the scheme established under subsection (1);
(b) prescribing a tariff of fees payable to barristers and solicitors advising or acting for persons under the scheme established under subsection (1);
(c) establishing standards for determining persons eligible for assistance under the scheme established under subsection (1).
For the purposes of sections 12, 13, 14, 15 and 15.1, "trial" means any proceeding in a criminal matter in a court or before a justice of the peace and includes a prosecution for an offence against any Act of the Legislature or regulations made thereunder.
Witnesses attending trials at the instance of the Crown may be paid such fees and allowances as may be prescribed by regulations made by the Lieutenant Governor in Council.
The Crown, where it is necessary for the purposes of a trial, may employ an interpreter who shall be paid such fees and allowances as may be prescribed in the regulations.
For the purposes of sections 12 and 13 the Lieutenant Governor in Council may make regulations
(a) prescribing fees and allowances for witnesses and interpreters; and
(b) exempting certain persons from the application of sections 12, 13 and 15.
Notwithstanding any regulation made under section 14 where the deputy minister is of the opinion that the fees and allowances payable to a witness or an interpreter as prescribed by the regulations are insufficient having regard to special circumstances, he may authorize and there may be paid to the witness or interpreter, as the case may be, such higher fee or allowance or both as he considers just.
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).
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).
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.
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.
In this section, "legal aid" means legal advice and services provided under The Legal Aid Manitoba Act.
The Act shall no longer be referred to as chapter A170 of the Continuing Consolidation of the Statutes of Manitoba, but may be referred to as chapter J35 of the Continuing Consolidation of the Statutes of Manitoba.
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