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.

• Return to footnote ^aS.C. 1994, c. 44, s. 35

• Return to footnote ^bS.C. 2002, c. 13, s. 17(2)

• Return to footnote ^cS.C. 2002, c. 13, s. 18

• Return to footnote ^dR.S., c. C-46

Winnipeg, June 7, 2016

Le juge en chef, Glenn D. Joyal Chief Justice

PART 1General Matters

Rule 1 — Definitions, Application and Interpretation

Definitions

Marginal note:Definitions

1.01 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

1.02 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

• 1.03 (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

1.04 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

2.01 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

2.02 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

• 2.03 (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

3.01 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

3.02 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

• 3.03 (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

4.01 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

4.02 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

4.03 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

4.04 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

4.05 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

• 5.01 (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

• 5.02 (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

5.03 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

5.04 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

5.05 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

5.06 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

• 5.07 (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

• 5.08 (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

• 5.09 (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

5.10 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

6.01 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.

Marginal note:Access by parties

6.02 The prosecutor, counsel for each accused and any self-represented accused in a proceeding are entitled to have access to the contents of the “B” file that is kept for that proceeding.

Rule 7 — Service of Documents

General Rules for Manner of Service

Marginal note:General service rule

• 7.01 (1) No document is required to be served personally unless the Code, these rules or an order of the Court requires personal service.

• Marginal note:Service on non-parties

  (2) When a motion or an application is served on a person who is not a party to the proceeding, the motion or the application must be served personally.

Marginal note:Personal service

• 7.02 (1) When a document is to be served personally, the service must be made in the following manner:

  • (a) if on an individual, by giving a copy of the document to the individual;

  • (b) if on a corporation, by giving a copy of the document to an officer, director or agent of the corporation or to a person who appears to be in charge at the place where the corporation carries on business;

  • (c) if on a judge of the Provincial Court of Manitoba or a justice of the peace, by giving a copy of the document to the court administrator in charge of the court office in the region where the adjudication was made;

  • (d) if on the Attorney General of Canada, by leaving a copy of the document at the regional office of the Attorney General of Canada in Winnipeg; and

  • (e) if on the Attorney General of Manitoba, by leaving a copy of the document at the office of the prosecutor in the judicial centre where the proceeding was commenced.

• Marginal note:Original document not required

  (2) A person effecting personal service of a document is not required to produce the original document or have it in his or her possession.

Marginal note:Other than personal service

7.03 Any document that is not required to be served personally may be served

• (a) on a party who has counsel of record, by serving that counsel in the manner set out in rule 7.04; or

• (b) on a party who is self-represented,

  • (i) by mailing a copy of the document in the manner set out in rule 7.05,

  • (ii) by faxing a copy of the document in the manner set out in subrule 7.04(2), or

  • (iii) by personal service.

Marginal note:Service on counsel

• 7.04 (1) Service of a document on the counsel of a party may be made

  • (a) by giving a copy of the document to the counsel, or to another counsel or employee in the counsel’s office;

  • (b) by mailing a copy of the document to the counsel’s office, in the manner set out in rule 7.05;

  • (c) by faxing a copy of the document to the counsel’s office, in the manner set out in subrule (2); or

  • (d) if the counsel of a party agrees, by attaching a copy of the document to an email message sent to the email address provided by the counsel.

• Marginal note:Service by fax

  (2) A document that is served by fax must include a cover page that indicates

  • (a) the sender’s name, address and telephone number;

  • (b) the name of the person to be served;

  • (c) the date of the transmission;

  • (d) the total number of pages faxed, including the cover page;

  • (e) the fax number from which the document is transmitted; and

  • (f) the name and telephone number of a person to contact in the event of transmission problems.

Marginal note:Service by mail

• 7.05 (1) If a document is to be served by mail under these rules, a copy of the document may be sent by regular mail or by registered mail.

• Marginal note:Effective date — regular mail

  (2) Service of a document by regular mail is effective on the fifth day after the day on which the document is mailed.

Substituted Service or Dispensing with Service

Marginal note:Court order

• 7.06 (1) If it appears to the Court that it is impractical for any reason to effect prompt personal service of a document that is required to be served personally under these rules, the Court may make an order for substituted service or, if it is necessary in the interests of justice, may dispense with service.

• Marginal note:Effective date of service

  (2) In an order for substituted service, the Court must specify when service in accordance with the order is effective.

If Document Does Not Reach Person Served

Marginal note:Motion

7.07 If a document was served in compliance with the Code, these rules or an order about service, but a person to whom it was to be served can show that the document did not come to their notice, or only came to their notice at some time later than when it was served or is deemed to have been served, the person may bring a motion

• (a) for the setting aside of an order that was made in their absence;

• (b) for an extension of time; or

• (c) for an adjournment.

Validating Service

Marginal note:Order for validating service

7.08 If a document has been served in a manner other than one authorized by these rules or an order, the Court may make an order validating the service if the Court is satisfied that

• (a) the document came to the notice of the person to be served; or

• (b) the document was served in such a manner that it would have come to the notice of the person to be served, if it had not been for the person’s own attempts to evade service.

Proving Service

Marginal note:Evidence for proof of service

• 7.09 (1) Service of a document may be proved

  • (a) by an affidavit of the person who served or sent the document; or

  • (b) by the confirmation of delivery receipt provided to the sender, if the document was served by registered mail.

• Marginal note:Counsel’s admission or acceptance

  (2) A counsel’s written admission or acceptance of service is sufficient proof of service and is not required to be verified by affidavit.

Rule 8 — Transcripts

Marginal note:Transcript of evidence

8.01 A party who intends to refer to a transcript of evidence at the hearing of a motion or an application must file a copy of the transcript and serve it on the opposing party, unless a judge directs otherwise.

PART 2Judicial Interim Release

Rule 9 — Applications for Judicial Interim Release

Marginal note:Application of Part

9.01 This Part applies to an application

• (a) by an accused under subsection 520(1) or (8) or 522(1) of the Code;

• (b) by the prosecutor under subsection 521(1) or (9) of the Code;

• (c) by an accused or the prosecutor, at any time prior to the trial, under subparagraph 523(2)(c)(ii) or subsection 523(3) of the Code; and

• (d) by an accused, if proceedings have been commenced under section 577 of the Code.

Marginal note:Notice of application and supporting materials

• 9.02 (1) An application must be commenced by filing a notice of application in Form 3 of the schedule and the supporting materials required under rule 9.03 and by serving those documents personally on the accused or the prosecutor, as the case may be, at least two clear days before the date of the hearing of the application unless a judge allows a shorter period of notice.

• Marginal note:Oral evidence at hearing

  (2) The notice of application must indicate whether the applicant intends to call oral evidence at the hearing or rely only on affidavit evidence.

Marginal note:Materials for use on application

• 9.03 (1) If the applicant is the accused, the notice of application must be accompanied by

  • (a) the affidavit of the applicant containing the matters required under paragraphs (3)(a) to (e);

  • (b) if it is practicable to do so, the affidavit of the current or prospective employer by whom it is proposed that the accused be employed if released; and

  • (c) if it is practicable to do so, the affidavit of any person who is proposed to serve as a surety for the accused if released, indicating his or her willingness to serve as a surety and the amount for which he or she is to be liable.

• Marginal note:Materials for use on application — previous order

  (2) If the applicant seeks to review an order made previously, the notice of application must be accompanied by

  • (a) a certificate from Manitoba’s transcription services confirming that at least three copies of the transcript of the proceedings under review and any previous review proceedings have been ordered, and that the order for the copies has been accepted; and

  • (b) a legible copy of any exhibits capable of reproduction that were filed in the judicial interim release hearing or in any previous review proceeding.

• Marginal note:Affidavit of applicant who is accused

  (3) The affidavit of the applicant required by paragraph (1)(a) must indicate

  • (a) the particulars of the charge in respect of which release is sought and any other charge outstanding against the applicant, together with the date or dates scheduled for the trial or preliminary inquiry in respect of the charges;

  • (b) the applicant’s place of residence in the three years before the date of the offence charged in respect of which release is sought, as well as the place where the applicant proposes to reside if released;

  • (c) the applicant’s employment in the three years before the date of the offence charged in respect of which release is sought, and whether the applicant expects to be employed if released and, if so, where the applicant expects to be employed;

  • (d) where the applicant proposes that he or she be released by the giving of an undertaking with conditions or by entering into a recognizance with sureties, deposit or conditions, if it is practicable, the terms and conditions of the order sought, including the amount of any recognizance or deposit, as well as the names of any proposed sureties and the amount for which each proposed surety is to be liable; and

  • (e) the particulars of the applicant’s prior record, if any.

• Marginal note:Affidavit of applicant in custody

  (4) When the applicant is in custody, the registrar may accept the applicant’s unsworn affidavit for filing if

  • (a) counsel for the applicant files a written undertaking to file a sworn affidavit at, or before, the judicial interim release hearing; or

  • (b) the applicant is to appear at the judicial interim release hearing by video link and the truth of the contents of the unsworn affidavit is to be confirmed by the accused to be true at the hearing.

• Marginal note:Affidavit of prosecutor

  (5) If the applicant is the prosecutor or if, as respondent, the prosecutor intends to rely on material other than material that is required to be filed under subrule (1) or (2), the prosecutor must file an affidavit that sets out the facts on which reliance is placed, including the matters referred to in paragraph 518(1)(c) of the Code.

Marginal note:Brief not required

9.04 No brief is required for the purposes of an application under this Part.

PART 3Case Management

Rule 10 — Assignment Court

Marginal note:Filing of indictment

10.01 The prosecutor must file the indictment with the Court at least seven days before the day on which an accused first appears in assignment court.

Marginal note:Assignment court

10.02 The judge presiding at assignment court may

• (a) schedule a resolution conference, if the accused has elected to be tried by a judge and jury;

• (b) schedule a pre-trial conference, if the accused has elected to be tried by a judge alone;

• (c) schedule a date for a sentencing hearing, if the accused indicates that he or she will be entering a guilty plea to the charge; or

• (d) refer the matter to the Chief Justice for the appointment of a case management judge in accordance with section 551.1 of the Code.

Rule 11 — Resolution Conferences

Marginal note:Application

11.01 Rules 11.02 to 11.06 apply to a resolution conference if the accused has elected to be tried by a judge and jury.

Marginal note:Duties of resolution conference judge

11.02 The resolution conference judge must explore

• (a) the possibility of settlement with the parties; and

• (b) any matters that will promote a fair and efficient trial, including re-election by the accused and the appointment of a case management judge in accordance with section 551.1 of the Code.

Marginal note:Brief required

11.03 Before a resolution conference is held, unless a judge directs otherwise, a pre-trial conference brief in Form 4 of the schedule must be filed and served on the opposing party by

• (a) the prosecutor;

• (b) counsel for each accused; and

• (c) any self-represented accused.

Marginal note:Application of pre-trial rules to resolution conferences

11.04 Rules 12.02, 12.03, 12.05 and 12.06, which apply to pre-trial conferences, also apply, with any variations that the circumstances require, to resolution conferences.

Marginal note:Memorandum by resolution conference judge

• 11.05 (1) The resolution conference judge must complete a resolution conference memorandum, which must be provided to the prosecutor, counsel for each accused and any self-represented accused.

• Marginal note:Confidentiality of memorandum

  (2) The resolution conference memorandum is not part of the public record and must be kept in the custody of the Court in the “B” file for the proceeding and be disclosed only in accordance with subrule (1).

Marginal note:Steps after resolution conference

11.06 At the conclusion of a resolution conference, if it appears that the matter will be proceeding to trial, the presiding judge must

• (a) schedule a pre-trial conference; or

• (b) refer the matter to the Chief Justice for the appointment of a case management judge and provide the Chief Justice with a copy of the resolution conference memorandum.

Rule 12 — Pre-trial Conferences

Marginal note:Application

12.01 Rules 12.02 to 12.10 apply to pre-trial conferences.

Pre-trial Conference Briefs

Marginal note:Brief filed by prosecutor

• 12.02 (1) Unless a pre-trial conference brief has already been filed for a resolution conference or a judge directs otherwise, the prosecutor must, at least 14 days before the date scheduled for the pre-trial conference, file a completed pre-trial conference brief in Form 4 of the schedule and serve it on counsel for each accused and any self-represented accused.

• Marginal note:Information required — prosecutor’s brief

  (2) The prosecutor’s pre-trial conference brief must include a brief synopsis of the allegations and the evidence to be filed by the prosecution.

Marginal note:Filing and service by accused

• 12.03 (1) At least seven days before the date scheduled for the pre-trial conference, unless a judge directs otherwise, counsel for an accused or a self-represented accused must file and serve a completed pre-trial conference brief in Form 4 of the schedule on

  • (a) the prosecutor;

  • (b) counsel for any other accused; and

  • (c) any self-represented accused.

• Marginal note:Mandatory filing and service by accused

  (2) Counsel for each accused and any self-represented accused must file and serve a pre-trial conference brief even if the prosecutor has failed to file and serve a pre-trial conference brief or has otherwise failed to comply with this rule.

• Marginal note:Contents of brief

  (3) The pre-trial conference brief must state the party’s position on each issue and must not indicate “will advise”, “not as yet” or words of similar effect.

Marginal note:Change of position

• 12.04 (1) If a party changes any position taken and recorded in the pre-trial conference brief, the party must give written notice of the change to the other parties and the pre-trial conference judge.

• Marginal note:Failure to comply with subrule (1)

  (2) Failure to comply with subrule (1) may result in a motion or application that has resulted from the change in position not being heard by the trial judge.

• Marginal note:Changes regarding counsel

  (3) If, after the pre-trial conference has been completed, an accused retains new counsel, an accused who was self-represented retains counsel, or an accused who was represented by counsel is no longer represented by any counsel, the new counsel, or the self-represented accused, must

  • (a) review the pre-trial conference brief previously filed and the pre-trial conference memorandum prepared by the pre-trial conference judge; and

  • (b) give written notice of any changes in position to the other parties and the pre-trial conference judge.

• Marginal note:Further pre-trial conference

  (4) Despite rule 12.10, the pre-trial conference judge may direct that a further pre-trial conference be held if

  • (a) the accused is no longer represented by counsel;

  • (b) a party has changed his or her position from the position taken in the most recent pre-trial conference brief; or

  • (c) a party has failed to file a trial readiness report, as required by rule 17.01.

Pre-trial Conferences

Marginal note:Self-represented accused

• 12.05 (1) If an accused is self-represented at a pre-trial conference,

  • (a) the pre-trial conference must be held in a courtroom that is closed to the public;

  • (b) the pre-trial conference must be recorded but must not be published, broadcast or transmitted in any way, except by order of the pre-trial conference judge; and

  • (c) a transcript of the pre-trial conference may only be requested by a party to the proceeding or by a judge.

• Marginal note:Confidentiality of information in transcript

  (2) If a transcript has been requested under paragraph (1)(c), information contained in it must not be published, broadcast or transmitted in any way except with notice to the other parties and the written approval of the pre-trial conference judge or, if he or she is not available, another judge.

Marginal note:Attendance at pre-trial conference

12.06 Unless the pre-trial conference judge or another judge directs otherwise, the following persons must attend the pre-trial conference and be in a position to make commitments on behalf of the party whom each represents on issues that are reasonably anticipated to arise from the contents of the pre-trial conference briefs:

• (a) counsel who will be representing each accused at the trial or, if an accused is self-represented, the accused; and

• (b) the prosecutor.

Marginal note:Inquiries by pre-trial conference judge

12.07 The pre-trial conference judge must inquire about and discuss any matter that may promote a fair and expeditious hearing of the charges contained in the indictment, including

• (a) any issues that arise from the contents of the pre-trial conference briefs;

• (b) the issues in dispute between the parties;

• (c) the possibility of making admissions of fact or other agreements about uncontested issues or the evidence of witnesses;

• (d) the simplification of any issues that remain in controversy;

• (e) the resolution of any outstanding disclosure issues;

• (f) the nature and particulars of any pre-trial motion or application, including whether evidence on the motion or application will be provided by agreed statements of facts, excerpts of transcripts of the preliminary inquiry, affidavits, “will states” or otherwise than by the testimony of witnesses;

• (g) the estimated length of pre-trial hearings and trial proceedings;

• (h) the possibility that the prosecutor may reduce the number of counts in the indictment to facilitate jury comprehension and promote a fair, just and expeditious trial;

• (i) the manner in which evidence may be presented at trial to facilitate jury comprehension; and

• (j) whether counsel are of the opinion that, for the proper administration of justice, it is necessary to have a case management judge appointed in accordance with section 551.1 of the Code.

Marginal note:Memorandum by pre-trial conference judge

• 12.08 (1) The pre-trial conference judge must complete a pre-trial conference memorandum, which must be provided to the trial judge, the prosecutor, counsel for each accused and any self-represented accused.

• Marginal note:Confidentiality of memorandum

  (2) The pre-trial conference memorandum is not part of the public record. It must be kept in the custody of the Court in the “B” file for the proceeding and may be disclosed only in accordance with subrule (1).

Marginal note:Scheduling further proceedings

12.09 After completing a pre-trial conference, the judge must do at least one of the following:

• (a) schedule a further pre-trial conference, if the matter is not yet ready to be scheduled for trial;

• (b) schedule any pre-trial hearings;

• (c) set deadlines for filing documents;

• (d) refer the matter to the Chief Justice, with a copy of the pre-trial memorandum, for the appointment of a case management judge in accordance with section 551.1 of the Code;

• (e) schedule a sentencing hearing, if the accused indicates that he or she will be entering a guilty plea; and

• (f) schedule the trial.

Marginal note:Maximum number of pre-trial conferences

12.10 Unless the case is to be tried with a jury or there are exceptional circumstances, there must be no more than three pre-trial conferences.

Rule 13 — Case Management Conferences

Marginal note:Application

13.01 Rules 13.02 to 13.06 apply to case management conferences that are conducted under section 551.1 of the Code.

Marginal note:Case management judge

• 13.02 (1) The judge who is appointed to conduct a case management conference may be the same judge who conducted the resolution conference or the pre-trial conference with respect to the matter.

• Marginal note:Powers

  (2) The judge who is appointed to conduct the conference has the powers of a case management judge under sections 551.2 to 551.4 and 551.6 of the Code.

Marginal note:Briefs required

13.03 If a pre-trial conference was not held prior to the holding of a case management conference, pre-trial conference briefs must be filed and served in accordance with rules 12.02 to 12.04.

Marginal note:Scheduling further proceedings

13.04 After completing a case management conference, the case management judge must schedule

• (a) a further case management conference, if the matter is not yet ready to be scheduled for trial;

• (b) any pre-trial motions or applications; or

• (c) the trial.

Marginal note:Memorandum by case management judge

• 13.05 (1) The case management judge must complete a case management memorandum, which must be provided to the trial judge, the prosecutor, counsel for each accused and any self-represented accused.

• Marginal note:Confidentiality of memorandum

  (2) The case management conference memorandum is not part of the public record. It must be kept in the custody of the Court in the “B” file for the proceeding and be disclosed only in accordance with subrule (1).

Marginal note:Change of position

• 13.06 (1) If a party changes a position that has been taken and recorded in the case management memorandum, the party must give written notice of the change to the other parties and the case management conference judge.

• Marginal note:Failure to comply with subrule (1)

  (2) Failure to comply with subrule (1) may result in a motion or application resulting from the change in position not being heard by the trial judge.

PART 4Pre-trial Proceedings and Trial Readiness

Rule 14 — Motions and Applications

Marginal note:Application

14.01 Rules 14.02 to 14.06 apply if

• (a) the Code or another Act of Parliament permits or requires that an application be made for an order or determination by a judge and there is no specific rule governing the procedure; or

• (b) a party seeks a ruling before a trial as to the admissibility of evidence, other than under subsection 24(2) of the Charter.

Marginal note:Notice of motion

• 14.02 (1) An application must be commenced by filing a notice of motion in Form 5 of the schedule.

• Marginal note:Time limits set by judge

  (2) If the issue that is the subject of the motion is identified at a pre-trial or case management conference, the pre-trial conference judge or the case management judge must set time limits for filing and serving the notice of motion and supporting materials.

• Marginal note:Scheduling conference to set hearing dates

  (3) If the issue that is the subject of the motion has not been identified at a pre-trial or case management conference, the party making the motion must schedule another pre-trial or case management conference to set hearing dates and time limits for filing materials.

Marginal note:Contents of notice of motion

14.03 Every notice of motion must state

• (a) the place and date of hearing;

• (b) the precise relief sought;

• (c) the grounds to be argued, including a reference to any statutory provision or rule to be relied on;

• (d) whether the motion is to be based on oral evidence and, if not, the documentary, affidavit and other evidence to be used at the hearing of the application; and

• (e) whether any order is required to abridge or extend any time limit for filing or serving the notice of motion or supporting materials required under these rules.

Marginal note:Filing and serving motion record and supporting materials

• 14.04 (1) An applicant must file a motion record and any supporting materials and serve those documents on the other parties within the time limits set by the pre-trial conference judge or the case management judge.

• Marginal note:Filing of documents as part of record

  (2) Any documents served by a party for use on a motion may be filed as part of the party’s motion record and need not be filed separately if the motion record is filed within the time limits set by a judge under subrule (1).

• Marginal note:Contents of motion record

  (3) The applicant’s motion record must contain, in the following order:

  • (a) a table of contents describing each document;

  • (b) a copy of the notice of motion;

  • (c) a copy of the indictment to which the motion relates;

  • (d) a copy of all affidavits and other material to be relied on;

  • (e) a list of all relevant transcripts of evidence in chronological order, but not necessarily the transcripts themselves; and

  • (f) a copy of any other material in the Court file that is necessary for the hearing of the motion.

• Marginal note:Respondent’s motion record

  (4) If the respondent seeks to rely on material that is not included in the applicant’s motion record, the respondent must file and serve a motion record on the other parties within the time limits set by the pre-trial conference judge or the case management judge.

Marginal note:Briefs required

14.05 Each party must file and serve a brief and a book of authorities on the other parties within the time limits set by the pre-trial conference judge or the case management judge.

Marginal note:Cross-examination on affidavits

• 14.06 (1) Subject to the Code or any other applicable statute or rule of law, a person who has sworn or affirmed an affidavit may be cross-examined on the affidavit at the hearing of a motion with leave of the presiding judge.

• Marginal note:Authority not affected

  (2) Nothing in these rules is to be construed so as to affect the authority of the judge who is hearing a motion to receive evidence through the examination of witnesses.

Rule 15 — Constitutional Issues

Marginal note:Application

15.01 Rules 15.02 to 15.07 apply if the constitutional validity or constitutional applicability of any enactment or common law rule is challenged or an application is made for a remedy under subsection 24(1) of the Charter.

Marginal note:Notice of motion

• 15.02 (1) An application under rule 15.01 must be commenced by filing a notice of motion in Form 5 of the schedule.

• Marginal note:Time limits set by judge

  (2) If the issue that is the subject of the motion is identified at a pre-trial or case management conference, the pre-trial conference judge or the case management judge must set time limits for filing and serving the notice of motion and supporting materials.

• Marginal note:Scheduling conference to set hearing dates

  (3) If the issue that is the subject of the motion has not been identified at a pre-trial or case management conference, the party making the motion must schedule another pre-trial or case management conference to set hearing dates and time limits for filing materials.

Marginal note:Contents of notice of motion

15.03 The notice of motion must state the matters set out in rule 14.03 and state whether the applicant seeks to have the motion heard in advance of the trial.

Marginal note:Timing of hearing of motion

15.04 A responding party to the motion may file a notice of motion requesting a determination as to whether the matter can be heard in advance of the trial or should be deferred until a later stage in the trial.

Marginal note:Filing and serving affidavit and other documents

15.05 An applicant must file and serve on all other interested parties any affidavit or documentary evidence on which the applicant intends to rely within the time limits set by the pre-trial conference judge or the case management judge.

Marginal note:Applicant’s brief and book of authorities

• 15.06 (1) The applicant must file a brief and a book of authorities and serve those documents within the time limits set by the pre-trial conference judge or the case management judge.

• Marginal note:Respondent’s brief and book of authorities

  (2) The respondent must file a brief and a book of authorities and serve those documents within the time limits set by the pre-trial conference judge or the case management judge.

Marginal note:Interventions

• 15.07 (1) A person may seek leave to intervene in an application if the constitutional validity or applicability of a law is challenged.

• Marginal note:Granting of leave to intervene

  (2) The judge presiding over the proceeding or, if a judge has not yet been assigned, another judge of the Court may grant leave to intervene if he or she is satisfied that

  • (a) the person has an interest in the issue before the Court;

  • (b) the person will make submissions that are different than those of the other parties; and

  • (c) the intervention will not unduly delay or prejudice the determination of the rights of the parties.

• Marginal note:Order

  (3) An order granting leave to intervene may be granted on any terms that the judge determines are just.

Rule 16 — Applications to Exclude Evidence Under the Charter

Marginal note:Applications

16.01 Rules 16.02 to 16.05 apply if a party seeks to exclude evidence under subsection 24(2) of the Charter.

Marginal note:Contents of notice of motion

16.02 An application to exclude evidence must be commenced by filing a notice of motion in Form 5 of the schedule that must state

• (a) the place and date of hearing;

• (b) a detailed description of the evidence the applicant seeks to exclude in the proceedings;

• (c) a statement of the basis and grounds on which the evidence is said to be inadmissible; and

• (d) a summary of the evidence or other material on which the applicant relies and a statement of the manner in which the applicant proposes to present the evidence.

Marginal note:Requirements set by judge

• 16.03 (1) If the issue that is the subject of the motion is identified at a pre-trial conference or case management conference, the pre-trial judge or the case management judge must

  • (a) determine if motion briefs will be required; and

  • (b) set hearing dates and time limits for filing and serving the notice of motion, unless it has already been filed and served, and for filing and serving supporting materials.

• Marginal note:Scheduling conference to set hearing dates

  (2) If the issue that is the subject of the motion has not been identified at a pre-trial or case management conference, the party making the motion must schedule another pre-trial or case management conference to set hearing dates and time limits for filing materials.

Marginal note:Applicant’s motion record

• 16.04 (1) If the application is not based on oral evidence, an applicant must file and serve a motion record that includes

  • (a) a copy of the indictment to which the application relates;

  • (b) the affidavits and other documentary evidence relied on to support the application; and

  • (c) any other materials that may reasonably assist the judge in identifying and determining the admissibility issues that are being raised.

• Marginal note:Respondent’s motion record

  (2) If the respondent seeks to rely on material that is not included in the applicant’s motion record, the respondent must file and serve a motion record that contains those other materials on which the respondent proposes to rely, within the time limits set by the pre-trial conference judge or the case management judge.

Rule 17 — Trial Readiness

Marginal note:Confirmation of trial readiness

17.01 The prosecutor, counsel for each accused and any self-represented accused must file a trial readiness report in Form 6 of the schedule and serve it on the other parties at least 14 days before the trial date, or within the time that the pre-trial conference judge or case management judge directs.

Marginal note:Judge’s direction

17.02 A further pre-trial conference or court attendance may be directed by a judge if counsel or a self-represented accused

• (a) has changed their position on an issue from what was indicated at the most recent pre-trial conference or case management conference;

• (b) has not complied with a filing requirement that is set out in these rules or directed by the pre-trial conference judge or case management judge; or

• (c) has not filed a trial readiness report in Form 6 of the schedule.

PART 5Dangerous and Long-term Offenders

Rule 18 — Applications

Marginal note:Pre-hearing conference required

• 18.01 (1) If the prosecutor advises the Court, in accordance with section 752.01 of the Code, that the prosecutor intends to apply to have an offender declared a dangerous offender or a long-term offender, the Court must set a date for a pre-hearing conference before the Chief Justice or his or her designate within 60 days after the day on which the offender is convicted.

• Marginal note:Purpose of conference

  (2) The purpose of the conference is

  • (a) to discuss the procedure to be followed;

  • (b) to determine what matters will be contentious; and

  • (c) to schedule the hearing of the application.

Marginal note:Prosecutor’s pre-hearing conference report

18.02 At least 14 days before the date of the pre-hearing conference, the prosecutor must file a pre-hearing conference report for a dangerous or long-term offender application in Form 7 of the schedule and serve it on the offender.

Marginal note:Offender’s pre-hearing conference report

18.03 At least seven days before the date of the pre-hearing conference, the offender must file a pre-hearing conference report for a dangerous or long-term offender application in Form 7 of the schedule and serve it on the prosecutor.

PART 6Extraordinary Remedies

Rule 19 — Applications for Extraordinary Remedies

Marginal note:Application

19.01 This Part applies to applications by way of certiorari, habeas corpus, mandamus, procedendo and prohibition, including applications to quash a subpoena, warrant, conviction, inquiry or other order or determination and applications for discharge of a person in custody.

Notice of Application and Service

Marginal note:Notice of application

19.02 The application must be commenced by filing a notice of application in Form 3 of the schedule, which must state the subpoena, warrant or other order or determination to which the application relates.

Marginal note:Review of order

19.03 If the subject of the application is the review of an order, the applicant must file and serve the notice of application within 30 days after the day on which the order was made.

Marginal note:Service of application

19.04 The notice of application and any supporting materials must be served

• (a) where the application includes an application for prohibition, by personal service on the Provincial Court of Manitoba judge, the justice of the peace or other person whose order is the subject of the application;

• (b) where the applicant is Her Majesty the Queen, if the respondent is a self-represented accused, by personal service on the accused or, if the respondent is an accused represented by counsel, by service on that counsel; or

• (c) where the applicant is the accused, by personal service on the prosecutor.

Required Documents, Brief and Book of Authorities

Marginal note:Documents required

• 19.05 (1) The notice of application must be accompanied by

  • (a) a copy of the subpoena, warrant, conviction or other order or determination that is the subject of the application;

  • (b) a copy of the indictment or information that contains the charge to which the application relates;

  • (c) if there is no record or an incomplete record of the proceedings giving rise to the issuance of the subpoena, warrant, conviction or other order or determination that is the subject of the application, an affidavit of, or on behalf of, the applicant that includes the matters set out in subrule (2);

  • (d) a transcript of the proceedings giving rise to the issuance of the subpoena, warrant, conviction or other order or determination that is the subject of the application, including the reasons, if any, given by the Provincial Court of Manitoba judge or justice of the peace who issued the order; and

  • (e) a copy of any other material filed in the proceeding that gave rise to the application and that is necessary for the hearing and determination of the application.

• Marginal note:Affidavit — paragraph (1)(c)

  (2) The affidavit referred to in paragraph (1)(c) must include

  • (a) a description of the status of the person making the affidavit and the basis of his or her knowledge of the matters deposed;

  • (b) a statement of the particulars of the charge to which the application relates, together with a date or dates scheduled for trial or preliminary inquiry in respect of that charge;

  • (c) a statement of all facts that are material to a just determination of the application that are not disclosed in any other materials filed in support of the application; and

  • (d) if the applicant seeks habeas corpus to obtain release from custody, a statement that the applicant is not required to be detained in custody in respect of any other matter.

Marginal note:Applicant’s brief and book of authorities

19.06 Unless a judge directs otherwise, the applicant must file and serve a brief and book of authorities at least 30 days before the date of the hearing of the application.

Marginal note:Respondent’s brief and book of authorities

19.07 Unless a judge directs otherwise, the respondent must file and serve a brief and book of authorities at least 14 days before the date of the hearing of the application.

PART 7Summary Conviction Appeals and Stays Pending Appeal

Rule 20 — Summary Conviction Appeals

Notice of Appeal

Marginal note:Appeal by prosecutor

• 20.01 (1) A prosecutor who wishes to commence an appeal from an acquittal, order or sentence must file a notice of appeal in Form 8 of the schedule no later than 30 days after the day on which the acquittal, order or sentence under appeal is pronounced.

• Marginal note:Appeal by defendant

  (2) A defendant who wishes to commence an appeal from a conviction or sentence must file a notice of appeal in Form 8 of the schedule no later than 30 days after the day on which the sentence is pronounced.

Marginal note:Address for service

20.02 The appellant must state their address for service on the notice of appeal, including their telephone number, fax number and email address, if any.

Marginal note:Notifying Court of changes

20.03 The appellant must notify the Court in writing of any change to the contact information in the notice of appeal.

Marginal note:Serving notice of appeal

20.04 The appellant must serve the notice of appeal personally on the respondent no later than 30 days after the date on which it is filed.

Transcripts

Marginal note:Transcripts

• 20.05 (1) A notice of appeal must be accompanied by a certificate from Manitoba’s transcription services confirming that at least three copies of the transcript of the proceedings have been ordered and that the order has been accepted.

• Marginal note:Exception

  (2) Subrule (1) does not apply if

  • (a) the appellant has applied under rule 20.16 for a trial de novo; or

  • (b) the appeal is made under section 830 of the Code and based on a statement of agreed facts.

Marginal note:Transcripts — appeal against sentence

20.06 If an appeal is only against the sentence, the appellant is not required to provide a transcript of the proceedings that does not pertain to the sentence.

Appearance in Assignment Court

Marginal note:Date of appearance

20.07 Once the transcript of the proceedings that is the subject of the appeal has been filed with the Court,

• (a) the appeal must be placed on the summary conviction appeal assignment court list; and

• (b) the prosecutor must give the defendant notice of the court date by registered mail.

Marginal note:Time limits for filing documents

20.08 The judge presiding at the summary conviction appeal assignment court must set time limits for filing and serving appeal books, factums and books of authorities.

Marginal note:Failure to appear

20.09 If the appellant fails to appear personally or by counsel in the summary conviction appeal assignment court, the court may dismiss the appeal.

Appeal Book

Marginal note:Filing of appeal book by prosecutor

20.10 The prosecutor is required to file an appeal book regardless of whether the prosecutor is the appellant or the respondent.

Marginal note:Contents of appeal book

20.11 An appeal book must contain, in the following order,

• (a) a table of contents;

• (b) a copy of the information;

• (c) a copy of the notice of appeal;

• (d) all documentary exhibits relevant to the appeal;

• (e) the reasons for the decision, whether or not they are contained in the transcript of evidence;

• (f) if there is an appeal as to the sentence, pre-sentence reports and other exhibits that were filed at the sentencing hearing; and

• (g) any other materials that may be necessary to enable the Court to adjudicate the issues on appeal.

Marginal note:Access to trial court records

20.12 The prosecutor must have access, for the purpose of preparing an appeal book, to the court file and all documents and exhibits that are delivered to the registrar by the trial court.

Marginal note:Filing of supplementary appeal book

20.13 A defendant may file a supplementary appeal book that contains materials relevant to the appeal that are omitted from the appeal book filed by the prosecutor.

Factums and Books of Authorities

Marginal note:Requirements

• 20.14 (1) The appellant and the respondent are each required to file a factum and book of authorities, unless the judge presiding at the summary conviction appeal assignment court otherwise directs.

• Marginal note:Contents of factum

  (2) Rule 5.08 applies to the factum.

Abandoning Appeal

Marginal note:Notice of abandonment

20.15 An appellant may abandon an appeal by

• (a) signing and filing a notice of abandonment in Form 9 of the schedule; and

• (b) serving the notice on the respondent.

Application for Trial De Novo

Marginal note:Notice of motion

• 20.16 (1) An appellant who seeks a trial de novo under subsection 822(4) of the Code must file and serve a notice of motion at the time of filing and serving the notice of appeal.

• Marginal note:Contents

  (2) The notice of motion must set out the grounds on which the trial de novo is sought.

• Marginal note:Assignment court list

  (3) The notice of motion must be placed on the summary conviction appeal assignment court list.

• Marginal note:Judge’s powers

  (4) If a trial de novo is sought, the judge presiding at the summary conviction appeal assignment court may

  • (a) determine if further materials should be filed by the parties; and

  • (b) if necessary, set a date for the hearing of the motion.

Readiness for Hearing

Marginal note:Conditions

20.17 An appeal is deemed to be ready to be heard if

• (a) any application under subsection 822(4) of the Code has been determined;

• (b) the Court has received the appeal book and a transcript of the evidence, if required; and

• (c) the appellant and the respondent have each filed a factum and book of authorities and served them on the other party, unless a judge has dispensed with the filing of those documents.

Failure to File

Marginal note:Appellant

20.18 A judge may dismiss an appeal if an appellant who is required to file a factum or book of authorities has not done so within the time limit set by the judge presiding at the summary conviction appeal assignment court and has not sought an extension of time to file those documents.

Marginal note:Respondent

20.19 If a respondent who is required to file a factum or book of authorities has not done so within the time limit set by the judge presiding at the summary conviction appeal assignment court and has not sought an extension of time to file those documents,

• (a) a judge may set the matter for hearing; and

• (b) the respondent is not allowed to file a factum or book of authorities after the matter is set for hearing without leave of the Court.

Failure to Appear

Marginal note:Appellant

20.20 If the appellant fails to appear personally or by counsel on the date fixed for hearing the appeal, the Court may summarily dismiss the appeal.

Marginal note:Respondent

20.21 If a respondent fails to appear personally or by counsel on the date of the hearing of the appeal, the Court may proceed with the appeal in the absence of the respondent.

Rule 21 — Stays Pending Appeal

Marginal note:Application

21.01 Rules 21.02 to 21.05 apply to applications for an order

• (a) under section 261 of the Code for a stay of an order of prohibition under section 259 of the Code; and

• (b) under subsection 683(5) of the Code to suspend an order of the trial court.

Marginal note:Notice of motion

21.02 An application referred to in rule 21.01 must be made by filing a notice of motion in Form 5 of the schedule that sets out the relief requested, accompanied by

• (a) a copy of the information that contains the charge in respect of the offence of which the applicant was convicted;

• (b) a copy of the notice of appeal;

• (c) an affidavit of the applicant that includes the matters set out in subrule 21.03(1) or (2), as the case may be; and

• (d) a copy of any other material in the court file that is necessary for the hearing and determination of the application.

Marginal note:Affidavit — paragraph 21.01(a)

• 21.03 (1) If the application is made under paragraph 21.01(a), the affidavit of the applicant must contain

  • (a) the particulars of the offence of which the applicant was convicted, including reference to the results of any analysis of the applicant’s bodily substances to determine the presence of alcohol or drugs and whether the offence involved property damage, bodily harm or death;

  • (b) the particulars of the applicant’s driving record, if any;

  • (c) the particulars of the applicant’s criminal record, if any;

  • (d) a statement as to whether the applicant is addicted to the use of alcohol or drugs and, if so, what steps, if any, the applicant has undertaken or proposes to undertake for the treatment of that addiction pending the determination of the appeal; and

  • (e) the particulars of any unnecessary hardship that would be caused to the applicant if the stay or suspension were not ordered.

• Marginal note:Affidavit — paragraph 21.01(b)

  (2) If the application is made under paragraph 21.01(b), the affidavit of the applicant must state

  • (a) why there is merit to the appeal; and

  • (b) the particulars of any unnecessary hardship that would be caused to the applicant if the stay or suspension were not ordered.

Marginal note:Service

21.04 The applicant must serve the notice of motion and supporting materials on the prosecutor personally at least two clear days before the date fixed for the hearing of the application.

Marginal note:Order

• 21.05 (1) The prosecutor may consent, in writing, to the order sought by the applicant on the terms included in a draft order.

• Marginal note:Order without attendance of counsel

  (2) If a judge is satisfied that the relief sought by the applicant should be granted, the judge may grant the order on the terms sought, without the attendance of counsel.

Repeal

22.01 [Repeal]

Coming into Force

Marginal note:October 1, 2016

23.01 These rules come into force on October 1, 2016.