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(5) to (10) | Repealed | |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(2) | Repealed | |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(4.1) | Repealed | |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(6) | Repealed | |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