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 |