Manitoba Justice

In Manitoba, an Act (or statute) is a law enacted by the Legislative Assembly of Manitoba. A consolidated Act is one that has been updated to incorporate amendments into its original text, with continuing application as amended.[12] Moreover, in Manitoba, consolidated Acts are grouped into three subcategories:[12]

• The Continuing Consolidation of the Statutes of Manitoba (C.C.S.M.) is a set of Manitoba public Acts that have a general, rather than particular, application.[13]
• Municipal Acts are public Acts that are applicable to particular municipalities.
• Private Acts are those that have no general application. Instead, they confer "special rights or exemptions on specific individuals or groups."

On behalf of the province, Manitoba's Department of Justice administers and enforces more than 100 provincial statutes relating to civil law, correctional services, and court administration, among others. Consolidated Acts that Manitoba Justice has been responsible for include, among others, The Human Rights Code (1987–88); The Liquor, Gaming and Cannabis Control Act (2013), formerly The Liquor Control Act; The Child Custody Enforcement Act (1987); The Justice for Victims of Child Pornography Act (2011); The Manitoba Public Insurance Corporation Act;[14] and The Victims' Bill of Rights (1998), formerly The Victims' Rights Act.[15]

Under the Canadian Constitution Act of 1867, Manitoba Justice is also responsible for prosecuting cases under the Criminal Code and the Youth Criminal Justice Act.[8]

The Law Enforcement Review Agency (LERA) is an arm's-length, non-police body of the Criminal Justice Division that, under the authority of The Law Enforcement Review Act (TLERA), investigates public complaints against members of local/municipal police forces in Manitoba—particularly, abuses of authority by on-duty officers.[8][2] LERA is located in Winnipeg and its current staff consists of the Commissioner, a registrar/administrative officer, a clerk, and 4 investigators.[18]

The Commissioner reports operationally to the Minister of Justice via annual report, as a legislative requirement, and administratively to the Assistant Deputy Minister of Criminal Justice.[18] As of 2020, LERA has statutory jurisdiction over (approx.) 1,664 peace officers that are employed by municipal police departments in Manitoba[17]

Originally, the responsibility of dealing with citizen complaints in Manitoba was handled by local police commissions, composed of some or all members of their respective municipal councils. However, Manitoba Police Commission (MPC)—which was established to provide consultation to municipal police and oversee their operations—would every so often receive complaints that had been inadequately addressed at the local level, and would have to get involved. In 1979, following MPC's investigation of an incident from 1976 that involved the (alleged) beating of a rape suspect by Winnipeg police officers, the Commission recommended a change in public complaint procedures.[18] In March 1981, the Department of the Attorney General proposed for new legislation and, in November 1982, The Law Enforcement Review Act (Bill 2, 32nd Legislature) was introduced into the House. The Bill would pass in August 1983 and would be proclaimed in December 1984. This new law would require that all public complaints regarding the actions of an on-duty police officer be referred to the Commissioner who accesses it according to the Act.[18]

LERA would finally begin operations as an agency on 1 February 1985. In 1988, the Attorney General initiated an evaluation of LERA and the consideration of consolidating LERA and MPC into a single agency dealing with police complaints in order to make use of available resources. In 1992, TLERA was amended, which included the establishment of the Law Enforcement Review Board (LERB); the MPC being dissolved; requiring the burden of proof; and more authority to the Commissioner to resolve complaints.

Legal Aid Manitoba (LAM; French: Aide juridique Manitoba) is an independent agency, established by The Legal Aid Manitoba Act,[22] that provides legal services in Manitoba to those who may require legal aid.[8]

LAM receives funding from the Province of Manitoba, Government of Canada, and Manitoba Law Foundation, as well as client fees.[23] Legal Aid Manitoba currently has offices in Winnipeg, Brandon, Dauphin, The Pas, and Thompson, with its personnel (including contracted private lawyers) regularly travelling to over 40 rural and northern communities. Approximately 190 provincial employees work with LAM, formally or informally, serving (approx.) 90,000 Manitobans per year.[24]

For cases that affect groups of people (e.g., those involving human rights, environmental law, consumer law, poverty law), LAM funds and oversees its provision of services through the Public Interest Law Centre (PILC). PILC receives additional funding support from the Manitoba Law Foundation, as well as pro bono public interest legal services, in-kind services, client contributions, and occasional project grants.[25]

In the 1930s–40s, the Law Society of Manitoba established the first program in Canada to provide free aid for those who could not afford legal counsel. Lawyers would work pro bono. In 1969, with growing demand for free legal aid, a roster of private bar lawyers were paid $50 daily to act as duty counsel at criminal intake court. In 1971–72, Manitoba would finally incorporate legal aid into provincial legislation in 1971 and, in 1972, Legal Aid Services Society of Manitoba would begin operations. A decade later, with the advent of the Canadian Charter of Rights and Freedoms in 1982, LAM would establish the Public Interest Law Centre to handle cases of social significance, i.e. cases that affect groups/Manitobans broadly.[24]

In 2005, the organization formally changed its name to "Legal Aid Manitoba," and its board of directors was replaced by a management council with a chair and vice-chair appointed by the Lieutenant Governor in Council.[26]

The Manitoba Law Reform Commission (MLRC) is an arm's-length agency, established in 1970 by The Law Reform Commission Act, that reviews and recommends reforms regarding "modernizing and improving provincial laws."[8][2]

Consisting of 5 to 7 members appointed by the Lieutenant Governor in Council, the Commission's membership is required to include a judge of the Court of Queen's Bench; a full-time student of the UManitoba Faculty of Law; "a lawyer entitled to practise in Manitoba and not in the employ of the government; and a non-lawyer." One of the members is appointed President of the Commission, and must be a lawyer.[27]

The Manitoba Police Commission (MPC) provides advice to the Justice Minister on regulations that deal with police operations and conduct. The current Commission was established on 15 November 2010, as per section 6 of Manitoba's Police Services Act,[32][lower-roman 2] and is also a member of the Manitoba Association of Chiefs of Police, the Canadian Association of Police Governance, and the Canadian Association of Civilian Oversight of Law Enforcement.[28][2]

The Commission is currently chaired by David Asper.[32]

All police boards and commissions in Manitoba are required by law to submit an annual report to the MRC. There are 10 municipal police boards and 1 First Nation police commission in Manitoba:[33]

• Altona Police Board (Altona Police Service)
• Brandon Police Board (Brandon Police Service)
• Cornwallis Police Board (Cornwallis Police Service)
• Dakota Ojibway Tribal Council Police Commission (Manitoba First Nation Police Service)
• Morden Police Board (Morden Police Service)
• Riverdale Police Board (Rivers Police Service)
• Springfield Police Board (Springfield Police Service)
• Ste. Anne Police Board (Ste. Anne Police Service)
• Victoria Beach Police Board (Victoria Beach Police Service)
• Winkler Police Board (Winkler Police Service)
• Winnipeg Police Board (Winnipeg Police Service)

Manitoba Corrections (or the Corrections Division) has its head office located on 810 - 405 Broadway in Winnipeg. It includes 6 adult correctional services;[34] 2 youth correctional services,[34] which provide custody and various programs for young people charged with offences and/or sentenced to custody under the federal Youth Criminal Justice Act;[35] and 27 community corrections offices (incl. 11 in First Nations communities), which provide all "non-custody, community-based offender services and programs."[36]