3rd Session, 43rd Legislature

This HTML version is provided for ease of use and is based on the bilingual version that was distributed in the Legislature after First Reading.

Bill 30

THE INTIMATE PARTNER VIOLENCE DEATH REVIEW COMMITTEE ACT

(Assented to                                         )

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

DEFINITIONS AND PURPOSE

Definitions

1   The following definitions apply in this Act.

"department" means the department of government over which the minister presides. (« ministère »)

"intimate partner relationship" means a relationship between two persons

(a) who are or were married to each other;

(b) who are or were in a common-law relationship; or

(c) who are or were in a conjugal, dating or romantic relationship, regardless of whether or not they have ever lived together. (« relation intime »)

"intimate partner violence death" means the death by homicide of one person in an intimate partner relationship that is committed by the other person in the relationship, and also includes

(a) any related homicide of

(i) a child or other family member of a person in the relationship, or

(ii) a third party; and

(b) the subsequent suicide of the person who committed homicide. (« décès causé par de la violence de la part d'un partenaire intime »)

"minister" means the minister appointed by the Lieutenant Governor in Council to administer this Act. (« ministre »)

"personal health information" means personal health information as defined in The Personal Health Information Act. (« renseignements médicaux personnels »)

"personal information" means personal information as defined in The Freedom of Information and Protection of Privacy Act. (« renseignements personnels »)

"public body" means a public body as defined in The Freedom of Information and Protection of Privacy Act. (« organisme public »)

"review committee" means the Intimate Partner Violence Death Review Committee established under section 3. (« Comité d'examen »)

"trustee" means a trustee as defined in The Personal Health Information Act. (« dépositaire »)

Purpose

2   The purpose of this Act is to establish a multidisciplinary committee to review the circumstances surrounding intimate partner violence deaths and make recommendations to prevent deaths in similar circumstances in the future.

INTIMATE PARTNER VIOLENCE DEATH REVIEW COMMITTEE

Review committee established

3   The Intimate Partner Violence Death Review Committee is hereby established.

Role of review committee

4   The review committee has the following duties:

(a) conducting reviews of selected intimate partner violence deaths;

(b) identifying and monitoring trends, patterns and risk factors respecting intimate partner violence deaths;

(c) making recommendations to prevent deaths in similar circumstances in the future.

Appointments

5(1)   The review committee is to consist of at least six and not more than twelve members appointed by the minister.

Membership

5(2)   The membership of the review committee must include the following:

(a) the Director of Victim Services designated under The Victims' Bill of Rights or a person who reports directly to the Director of Victim Services;

(b) a police officer with at least 10 years' experience;

(c) a Crown attorney who is a prosecutor with the Department of Justice;

(d) a faculty member of a Manitoba university with expertise in intimate partner violence;

(e) a representative of an organization that provides programs or services to victims of intimate partner violence;

(f) a medical examiner appointed under The Fatality Inquiries Act.

Meaning of "intimate partner violence"

5(3)   In clauses (2)(d) and (e), "intimate partner violence" means intimate partner violence as defined in The Disclosure to Protect Against Intimate Partner Violence Act.

Term

5(4)   A member of the review committee is to be appointed for a term not exceeding three years.

Appointment continues

5(5)   A member whose term expires continues to hold office until they are re-appointed, the appointment is revoked or a successor is appointed.

Chair and vice-chair

5(6)   The minister must designate one member of the review committee as chair and another as vice-chair, to act if the chair is absent or unable to act, or when authorized by the chair.

Responsibilities of chair

6   The chair is responsible for the general supervision and direction of the review committee and the administration of its activities.

Administrative support

7   The department must provide the review committee with technical and administrative support necessary to enable the review committee to carry out its duties under this Act.

REVIEW OF INTIMATE PARTNER VIOLENCE DEATHS

Chair to select deaths for review

8(1)   The chair of the review committee may, after consulting with the other members of the committee, select any intimate partner violence death that the chair considers appropriate for review.

Review of multiple deaths

8(2)   If two or more intimate partner violence deaths are closely related in time, location or circumstances, the review committee may conduct a review of those deaths together.

Timing of review

9   The review committee may not begin a review of an intimate partner violence death until after the conclusion of any related criminal proceedings and any inquiry, investigation or inquest under The Fatality Inquiries Act.

Scope of review

10   When conducting a review of an intimate partner violence death, the review committee must

(a) examine the circumstances of the intimate partner violence death;

(b) review the histories of the persons in the intimate partner relationship; and

(c) consider any information that might be relevant to any recommendations to prevent deaths in similar circumstances in the future.

Review conducted in private

11(1)   A review of an intimate partner violence death must be conducted in private.

Rules of procedure

11(2)   The review committee may establish its own rules of practice and procedure.

Evidence Act powers

12(1)   For the purpose of carrying out their duties under this Act, members of the review committee have the powers of commissioners under Part V of The Manitoba Evidence Act.

Records from public bodies and trustees

12(2)   The review committee may require a public body or trustee to disclose any record in their custody or control that the committee considers relevant to a review of an intimate partner violence death or a potential review, including records containing personal information and personal health information.

Limits on information requested

12(3)   The review committee must limit its request for personal information and personal health information to the minimum amount necessary to carry out its duties under this Act.

No disclosure of privileged information

12(4)   The review committee does not have the authority to examine any information or record that is subject to any type of legal privilege.

Experts

13   The review committee may engage a person with specialized knowledge, training or experience to provide information related to any recommendation the committee may be considering.

REPORTS

Report to minister

14(1)   After the review of an intimate partner violence death has been completed, the review committee must prepare and submit a written report to the minister that

(a) provides a description of the circumstances of the death being reviewed;

(b) identifies the presence of any systemic issues or risk factors that may have contributed to the death; and

(c) contains recommendations to help prevent deaths in similar circumstances in the future.

Report in non-identifying form

14(2)   An intimate partner violence death report must not contain any information that would identify a person referenced in the report.

Tabling report in Assembly

15   The minister must table a copy of the intimate partner violence death report in the Assembly on any of the first 15 days on which the Assembly is sitting after the minister receives it.

CONFIDENTIALITY AND PROTECTION OF INFORMATION

Confidentiality

16   Members of the review committee must maintain confidentiality about all information that comes to their knowledge under this Act and may disclose such information only

(a) when required to perform their duties under this Act;

(b) if the person the information is about consents to the disclosure; or

(c) if the disclosure is authorized or required under another enactment.

Protecting information

17   The review committee must adopt reasonable administrative, technical and physical safeguards to ensure the confidentiality and security of all information in its custody or control and prevent any unauthorized access, use or disclosure of that information.

Statements not admissible

18   A statement made or an answer given by a person during a review of an intimate partner violence death is inadmissible in evidence in court or in any other proceeding except in a prosecution for perjury in respect of sworn testimony.

Not compellable as witness

19   Members of the review committee must not be required to give evidence in court or in any other proceeding about any information that comes to their knowledge during a review of an intimate partner violence death.

C.C.S.M. REFERENCE AND COMING INTO FORCE

C.C.S.M. reference

20   This Act may be referred to as chapter I92 of the Continuing Consolidation of the Statutes of Manitoba.

Coming into force

21   This Act comes into force 90 days after the day it receives royal assent.