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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| (5) to (10) | Repealed | |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) | 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 |
| (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| (2) | Repealed | |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| (4.1) | Repealed | |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| (6) | Repealed | |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 | |