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This version was current from November 3, 1995 to June 16, 2010.
Note: It does not reflect any retroactive amendment enacted after June 16, 2010.
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C.C.S.M. c. J35
THE DEPARTMENT OF JUSTICE ACT
|Table of Contents|
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:
ORGANIZATION AND FUNCTIONS OF DEPARTMENT
1 In this Act,
"department" means the Department of Justice; (« ministère »)
"minister" means the Minister of Justice. (« ministre »)
1.1 The department of the Government of Manitoba known as the Department of Justice is continued, and the minister shall preside over the department.
1.2 The Minister of Justice is ex officio Her Majesty's Attorney General for Manitoba and the Deputy Minister of Justice is ex officio the Deputy Attorney General.
1.3 Re-numbered as section 1.2.
2 The minister
(a) is the official legal adviser of the Lieutenant Governor and the legal member of the Executive Council;
(b) shall see that the administration of public affairs is in accordance with law;
(c) shall superintend all matters connected with the administration of justice in the province that are not within the jurisdiction of the Government of Canada;
(d) shall advise on the legislative acts and proceedings of the Legislature, and generally advise the Crown on all matters of law referred to the minister by the Crown;
(e) shall advise the heads of the several departments of the government on all matters of law connected with those departments; and
(f) is charged, generally, with any duties that may be at any time assigned by law or by the Lieutenant Governor in Council to the minister.
2.1 The Attorney General
(a) is entrusted with the powers and charged with the duties that belong to the offices of the Attorney General and Solicitor General of England by law or usage, so far as those powers and duties are applicable to the province, and also with the powers and duties that, by the laws of Canada and of the province to be administered and carried into effect by the government of the province, belong to the office of the Attorney General and Solicitor General;
(b) shall regulate and conduct all litigation for or against the Crown or any department of the government in respect of any subjects within the authority or jurisdiction of the Legislature;
(c) is charged with the settlement of all instruments issued under the great seal; and
(d) is charged generally with any duties that may be assigned by law or by the Lieutenant Governor in Council to the Attorney General.
3 A deputy minister, an officer who shall be known as "Legislative Counsel", and such other officers and employees as may be required to carry on the business of the department may be appointed as provided in The Civil Service Act.
4(1) The Lieutenant Governor in Council may, by order in council, appoint such committees as may be required
(a) to inquire into, investigate, report, and advise on any matter referred to any such committee by the minister; and
(b) to perform such other duties as may be prescribed by the Lieutenant Governor in Council.
4(2) A committee appointed under subsection (1) shall consist of such number of persons, each of whom shall hold office for such term, as the Lieutenant Governor in Council may prescribe in order.
4(3) On appointing a committee under subsection (1), the Lieutenant Governor in Council shall, by order, appoint or provide for the appointment or selection of the chairman and, if deemed advisable, a vice-chairman thereof.
4(4) A committee appointed under subsection (1) shall report to the minister within such period as he may direct, or may report to him periodically or from time to time as he may require.
4(5) If so provided by order of the Lieutenant Governor in Council, the members of a committee appointed under subsection (1) have the powers and authority, and are subject to the requirements and obligations, granted to, and charged on, commissioners appointed under Part V of The Manitoba Evidence Act or such portions thereof as may be specified in the order.
4(6) From and out of the Consolidated Fund, with moneys authorized by an Act of the Legislature to be so paid and applied, the Minister of Finance, on the written requisition of the minister, may pay to persons appointed as members of any committee appointed under subsection (1) such sums as remuneration for their services, as may be fixed by order of the Lieutenant Governor in Council, together with the amount of such reasonable out-of-pocket expenses incurred by them in discharging their duties as may be approved by the Minister of Finance and certified by the minister.
5(1) The minister shall, from time to time, cause a draft consolidation and revision of the statutes of the province, and comprehensive indices and appendices thereto, to be prepared and printed, and may make such arrangements, and enter into such contracts, with respect thereto and with respect to matters incidental thereto, as may be required.
5(2) In preparing a draft consolidation and revision of the statutes of the province, the person charged with the duty of preparing the draft may
(a) omit therefrom all Acts and parts thereof that have expired, been repealed or suspended, or had their effect;
(b) alter the numbering and the arrangement of the statutes in force on the completion of the work, and of the different sections and other provisions thereof;
(c) revise and alter the language of the statutes where necessary or desirable in order to express better the spirit and meaning of the law, but, subject as herein provided, not so as to change the sense of any enactment;
(d) alter the language of the statutes as may be required in order to preserve a uniform mode of expression;
(e) make such minor amendments to the statutes as are necessary in order to state more clearly what he deems to have been the intention of the Legislature;
(f) make such amendments as are required to reconcile seemingly inconsistent enactments, or to correct clerical or typographical errors;
(g) omit therefrom all Acts or parts thereof that, although public enactments, have reference only to a particular municipality, locality, or place, or have no general application throughout the province;
(h) include therein Acts or parts thereof that, although originally enacted as, or deemed to be, private Acts or enactments, are of such a character that they impose duties or obligations upon, or limit the rights or privileges of, the public; and
(i) frame new provisions and suggestions for the improvement of the laws.
6(1) The minister may, from time to time, notify the assembly of the progress being made in the preparation of any consolidation or revision of the statutes of the province being prepared under section 5; and the assembly may, from time to time, appoint a Special Committee on Law Revision which may sit during recess after prorogation, and the minister shall be a member of the committee.
6(2) If the assembly is dissolved before a Special Committee on Law Revision has completed its work in respect of the consolidation and revision of statutes, any similar committee appointed by the next succeeding assembly shall continue the work of the committee so appointed and have like powers and authority.
6(3) From time to time during the progress of the preparation of the consolidation and revision, or on the conclusion thereof, or both during the progress, and on the conclusion of the preparation, the minister may lay before the Special Committee, for its examination and approval, drafts of the statutes so consolidated and revised.
7(1) The minister may cause to be prepared and printed, and kept up to date, a consolidation of the statutes of the province, and comprehensive indices and appendices thereto, and may make such arrangements, and enter into such contracts with respect thereto, and with respect to matters incidental thereto, as may be required.
7(2) The minister may refer a consolidation of statutes prepared under subsection (1) to the Special Committee on Law Revision to be considered by that committee for enactment by the Legislature as a revision of the statutes of the province.
8 Where a consolidation or revision of the statutes of Manitoba is enacted by the Legislature as revised statutes, the statute enacting the revised statutes shall also provide for the repeal of all Acts or parts of Acts, to be superseded by the new revised statutes so enacted.
9 Where the government or any person is represented in any suit or proceeding by a barrister-at-law or a solicitor whose remuneration is paid from the Consolidated Fund, whether by way of salary or otherwise, the government or the person may collect and recover lawful costs in the suit or proceeding in the same manner and to the same extent as if the barrister-at-law or solicitor were not being remunerated from the Consolidated Fund, whether or not those costs are by the terms of the employment or retainer of the barrister-at-law or solicitor payable to the barrister-at-law or the solicitor in addition to the remuneration he is paid from the Consolidated Fund.
10(1) The minister may establish and administer a scheme for assisting persons
(a) who are charged with indictable offences under the Criminal Code (Canada) including such indictable offences that are tried summarily; and
(b) who are unable to pay for legal advice and services in respect of proceedings related to the charges;
to obtain legal advice and services in respect of the prosecution of the charges, including appeals arising therefrom and applications for prerogative writs or any other proceedings connected therewith.
10(2) For the purpose of administering a scheme established under subsection (1), the minister, for and on behalf of the government, with the approval of the Lieutenant Governor in Council, may enter into agreements and arrangements with The Law Society of Manitoba and such other persons, organizations and associations, whether incorporated or unincorporated, as the Lieutenant Governor in Council deems advisable, and the agreements or arrangements may provide that any party thereto is responsible for determining the persons who are eligible for assistance under a scheme established under subsection (1) and may relate to the selection and remuneration of barristers and solicitors to advise and act for persons eligible for the assistance.
10(3) For the purpose of carrying out the provisions of this section, the Lieutenant Governor in Council may make such regulations as are ancillary thereto, and are not inconsistent therewith, and every regulation made under, and in accordance with the authority granted by, this section has the force of law; and without restricting the generality of the foregoing, the Lieutenant Governor in Council may make such regulations
(a) prescribing procedures for administering the scheme established under subsection (1);
(b) prescribing a tariff of fees payable to barristers and solicitors advising or acting for persons under the scheme established under subsection (1);
(c) establishing standards for determining persons eligible for assistance under the scheme established under subsection (1).
11 For the purposes of sections 12, 13, 14 and 15 "trial" means any proceeding in a criminal matter in a court or before a justice of the peace and includes a prosecution for an offence against any Act of the Legislature or regulations made thereunder.
12 Witnesses attending trials at the instance of the Crown may be paid such fees and allowances as may be prescribed by regulations made by the Lieutenant Governor in Council.
13 The Crown, where it is necessary for the purposes of a trial, may employ an interpreter who shall be paid such fees and allowances as may be prescribed in the regulations.
14 For the purposes of sections 12 and 13 the Lieutenant Governor in Council may make regulations
(a) prescribing fees and allowances for witnesses and interpreters; and
(b) exempting certain persons from the application of sections 12, 13 and 15.
15 Notwithstanding any regulation made under section 14 where the deputy minister is of the opinion that the fees and allowances payable to a witness or an interpreter as prescribed by the regulations are insufficient having regard to special circumstances, he may authorize and there may be paid to the witness or interpreter, as the case may be, such higher fee or allowance or both as he considers just.
16 The Act shall no longer be referred to as chapter A170 of the Continuing Consolidation of the Statutes of Manitoba, but may be referred to as chapter J35 of the Continuing Consolidation of the Statutes of Manitoba.