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Criminal Proceedings Rules of the Manitoba Court of Queen’s Bench (SI/2016-34)

Regulations are current to 2022-09-22 and last amended on 2016-10-01. Previous Versions

Criminal Proceedings Rules of the Manitoba Court of Queen’s Bench

SI/2016-34

CRIMINAL CODE

Registration 2016-06-29

Criminal Proceedings Rules of the Manitoba Court of Queen’s Bench

The Manitoba Court of Queen’s Bench, pursuant to subsections 482(1)Footnote a and (3)Footnote b and section 482.1Footnote c of the Criminal CodeFootnote d, makes the annexed Criminal Proceedings Rules of the Manitoba Court of Queen’s Bench.

Winnipeg, June 7, 2016

Le juge en chef,
blank line
Glenn D. Joyal
Chief Justice

PART 1General Matters

Rule 1 — Definitions, Application and Interpretation

Definitions

Marginal note:Definitions

 The following definitions apply in these rules.

appeal

appeal means an appeal from a decision of a summary conviction court under Part XXVII of the Code. (appel)

assignment court

assignment court means the sitting of the Court when trial and pre-trial proceedings are scheduled for hearing. (audience de fixation du rôle)

Charter

Charter means the Canadian Charter of Rights and Freedoms. (Charte)

Code

Code means the Criminal Code. (Code)

counsel

counsel means the counsel of record or counsel specifically authorized to act on behalf of the counsel of record. (avocat)

Court

Court means the Court of Queen’s Bench of Manitoba. (Cour)

holiday

holiday includes any day that the Court office is closed. (jour férié)

judge

judge means a judge of the Court. (juge)

pre-trial conference

pre-trial conference has the same meaning as a pre-hearing conference referred to in section 625.1 of the Code. (conférence préparatoire)

proceeding

proceeding includes a trial, application, appeal or other process arising from or incidental to the prosecution of an offence under the Code. (instance)

summary conviction appeals assignment court

summary conviction appeals assignment court means the sitting of the Court when summary conviction appeals are scheduled for hearing. (audience de fixation du rôle des appels d’une déclaration de culpabilité par procédure sommaire)

Application

Marginal note:Application of rules

 These rules are enacted under subsection 482(1) of the Code and apply to proceedings that are within the jurisdiction of the Court.

Interpretation

Marginal note:General principle

  •  (1) These rules are intended to provide for the just determination of every proceeding and must be construed to secure simplicity in procedure, fairness in administration and the elimination of unjustifiable expense and delay.

  • Marginal note:Matters not provided for

    (2) If matters are not provided for in these rules, the practice must be determined by analogy to them.

  • Marginal note:Self-represented accused

    (3) If an accused is self-represented, anything that these rules require or permit counsel to do must be done by the accused, except if these rules provide otherwise.

Marginal note:Application of Code provisions

 The interpretation sections of the Code apply to these rules, except if these rules provide otherwise.

Rule 2 — Non-compliance with Rules

Marginal note:Dispensing with compliance

 A judge may dispense with compliance with a rule only if it is, and to the extent that it is, necessary in the interests of justice.

Marginal note:Dismissal of motion or application

 If an applicant has failed to comply with the rules respecting the filing of a document in support of a motion or application, the motion or application must not be heard unless the presiding judge grants leave, after taking into account all the circumstances of the case, including

  • (a) the nature of the applicant’s non-compliance with these rules;

  • (b) any explanation advanced for failing to comply with these rules;

  • (c) the apparent merits of the motion or application as reflected in any materials filed and any submissions made in the proceeding;

  • (d) any notice given to the other parties about the issues raised in the motion or application and the right of those parties to have a reasonable opportunity to respond to the issues raised by the applicant; and

  • (e) the history of the proceedings and the need for an expeditious determination of pre-trial motions and applications and the orderly conduct of trial proceedings.

Marginal note:Costs ordered if non-compliance

  •  (1) The Court may order costs, payable by counsel personally, if counsel has failed, without reasonable excuse, to comply with these rules, having regard to the factors set out in rule 2.02.

  • Marginal note:Costs payable to government

    (2) If the Court orders that counsel pay costs for non-compliance, they are payable to the Minister of Finance for Manitoba.

Rule 3 — Time

Marginal note:Deemed undertaking by counsel and prosecutor

 Counsel for the accused and the prosecutor assigned to a case are each deemed to undertake to comply with all time limits that are set by a pre-trial judge, case management judge or another judge.

Marginal note:Computation of time

 Unless the context requires otherwise, the computation of a time limit prescribed by these rules or imposed by a judge is to be done in the following manner:

  • (a) if there is a reference to a number of clear days or “at least” a number of days between two events, both the day on which the first event happens and the day on which the second event happens are excluded;

  • (b) if a period of less than seven days is prescribed, any holidays that fall during that period are excluded; and

  • (c) if the time for the doing of an act expires on a holiday, the act may be done on the next day that is not a holiday.

Marginal note:General powers of Court

  •  (1) The Court may, by order, extend or abridge any time limit prescribed by these rules or imposed by a judge, on any terms that it considers just.

  • Marginal note:Application to extend time

    (2) An application for an order extending a time limit may be made before or after the expiry of the time limit.

Rule 4 — Venue

Marginal note:Venue for commencement of proceeding

 Subject to rule 4.02, a proceeding must be commenced in the judicial centre nearest to the place where the cause of the proceeding arose.

Marginal note:Ease of access to judicial centre

 Ease of access from the place where the cause of the proceeding arose to a judicial centre is to be a factor in a decision as to which centre is the nearest.

Marginal note:Judicial centre for hearing

 A proceeding must be heard in the judicial centre in which it is commenced unless the Court orders otherwise.

Marginal note:Application to change venue

 An application to change the venue of a trial from the judicial centre where the proceeding was commenced to another judicial centre is to be governed by the change of venue provisions of the Code.

Marginal note:No effect on validity of proceeding

 The validity of a proceeding is not affected solely by a failure to comply with rule 4.01 or 4.03, but the Court may, on an application or on its own motion, transfer the proceeding to the appropriate judicial centre or make any other order that it considers just.

Rule 5 — Court Documents

Filing of Documents

Marginal note:Place of filing

  •  (1) All documents that are required to be filed in a proceeding must be filed with the court office in the judicial centre at which the proceeding was commenced, except if they are filed in the course of a hearing.

  • Marginal note:Manner of filing

    (2) Any document may be filed by leaving it in, or mailing it to, the court office, accompanied by any prescribed fee.

  • Marginal note:Date of filing

    (3) A document that is filed by mail is deemed to have been filed on the date of the court office’s filing stamp on it.

Marginal note:Refusal by registrar

  •  (1) The registrar may refuse to accept a document for filing that

    • (a) does not comply with the format required by these rules;

    • (b) is illegible; or

    • (c) is not securely bound or fastened together.

  • Marginal note:Judge’s direction

    (2) If the registrar refuses to accept a document for filing, the document must not be filed without a judge’s direction.

Forms

Marginal note:Forms

 The forms prescribed in the schedule are to be used if applicable and with any variations that the circumstances require.

Paper and Format Requirements

Marginal note:Paper and format requirements

 All documents must be printed on good quality white paper that is 216 mm wide and 279 mm long and the text must

  • (a) be printed only on one side of the paper, except for books of authorities, which must be double-sided;

  • (b) other than for books of authorities, be double spaced, except for quotations, which must be single spaced; and

  • (c) have margins of approximately 25 mm.

Marginal note:Covering page

 Every document in a proceeding must have a covering page in Form 1 of the schedule that indicates

  • (a) the title of the proceeding;

  • (b) the name of the court, the judicial centre and the court file number;

  • (c) in the case of an affidavit, the deponent’s name and the date on which he or she swore or affirmed it;

  • (d) the title of the document; and

  • (e) the name, address, email address and telephone and fax numbers of the person filing the document.

Marginal note:Covers for briefs, factums and books of authorities

 Covers for briefs, factums and books of authorities must

  • (a) in the case of the applicant’s or appellant’s brief, factum or book of authorities, be bound front and back in blue cover stock;

  • (b) in the case of the respondent’s brief, factum or book of authorities, be bound front and back in beige cover stock; and

  • (c) in the case of the intervener’s brief, factum or book of authorities, be bound front and back in grey cover stock.

Motion Briefs or Application Briefs

Marginal note:Contents of brief

  •  (1) A motion or application brief must be set out in consecutively numbered paragraphs and contain the following parts:

    • (a) Part 1 — an introduction or overview of the case;

    • (b) Part 2 — a concise statement of the facts;

    • (c) Part 3 — a list of the issues;

    • (d) Part 4 — a concise statement of the argument and the relief requested;

    • (e) Part 5 — a list of the authorities relied on; and

    • (f) Schedule A, entitled “Relevant Legislative Provisions” — the text of all relevant legislation.

  • Marginal note:Signature

    (2) The brief must be signed by counsel or by the applicant or respondent if he or she is self-represented. The signature must be followed by the typed name of the person and the date.

  • Marginal note:Length of brief

    (3) Unless a judge directs otherwise, the brief — excluding Schedule A — must not exceed 30 pages in length.

Appeal Factums

Marginal note:Contents of factum

  •  (1) In the case of a summary conviction appeal, the factum must be set out in consecutively numbered paragraphs and contain the following parts:

    • (a) Part 1 — an introduction or overview of the case;

    • (b) Part 2 — a concise statement of the facts;

    • (c) Part 3 — a list of the issues;

    • (d) Part 4 — the standard of review;

    • (e) Part 5 — a concise statement of the argument and the relief requested;

    • (f) Part 6 — a list of the authorities relied on; and

    • (g) Schedule A, entitled “Relevant Legislative Provisions” — the text of all relevant legislation.

  • Marginal note:Applicable provisions

    (2) Subrules 5.07(2) and (3) also apply to appeal factums.

Books of Authorities

Marginal note:Contents of authorities

  •  (1) Books of authorities must contain

    • (a) an index; and

    • (b) subject to subrule (4), those authorities that are relied on by the party, including the head note, if any, with the relevant portions of the authorities highlighted or sidebarred.

  • Marginal note:Copies of authorities

    (2) The authorities must be

    • (a) separated by numbered tabs; and

    • (b) printed on both sides of each page.

  • Marginal note:Authorities of other party

    (3) A party must not duplicate authorities that have been filed by any other party.

  • Marginal note:Case law for well-known principles of law

    (4) A party must not include in a book of authorities a case that establishes a well-known principle of law, unless there is something specific in the case that is relevant to the proceeding before the Court.

Orders

Marginal note:Form and contents

 An order must be in Form 2 of the schedule and must indicate

  • (a) the name of the judge who made it;

  • (b) the date on which it was made; and

  • (c) a recital of the particulars necessary to understand the order, including the date of the hearing, the parties who were present or represented by counsel and those who were neither present nor represented and any undertaking made by a party as a condition of the order.

Rule 6 — Court “B” Files

Marginal note:Establishment of “B” files

 All documents filed with the Court by the parties in connection with a resolution conference, pre-trial conference or case management conference, and any transcripts of those conferences, are confidential and are not part of the public record. They must be kept in a separate court file for the proceeding, known as a “B” file.

 
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