The Fatality Inquiries Act

C.C.S.M. c. F52

The Fatality Inquiries Act

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