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

Regulations are current to 2017-11-20 and last amended on 2016-10-01. Previous Versions

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.

Marginal note:Access by parties

 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
  •  (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
  •  (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.

 
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