Manitoba's Access to Justice Stakeholders

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Access to Justice Week 2024

A2J Community Brief & Updates

Manitoba Court of Appeal

• Working on implementing the integrated case management (ICM) system to transform the court's paper-based system into a digital filing and electronic document management system
  • People who file electronically will be able to do so from any location
  • ICM system to be completed and operational by September 2025
• Continue to offer virtual and hybrid hearings at the request of the parties
• The Chief Justice is meeting with diverse groups from the Bar to understand the needs of the profession

Manitoba Court of King's Bench

• In the realms of both civil and criminal law, the court has significantly increased its use of technology to permit remote hearings by audio and video conference.
• The successful deployment of this technology has permitted the General Division to avoid a backlog of cases as a result of the operational disruptions relating to the COVID-19 virus pandemic.
• Overall, the General Division continues to lead in the development of access to justice initiatives in both the civil and criminal realms and looks forward to the implementation of other upcoming court projects including the court’s integrated case management system, which will include e-filing and digitization of evidence.
• As at the spring of 2022, those matters that were delayed because of such operational disruptions have largely since proceeded either in-person and/or with the use of audio or video conferencing.
• Criminal Trial Courts
• October 2016 – changes to practice before the Criminal courts were made in response to the clarity provided by the Supreme Court of Canada in R v. Jordan regarding the constitutional obligations that flow from the Charter right to a trial within a reasonable time
• Assignment court projects and court scheduling guidelines in The Pas, Thompson and Winnipeg have reduced trial delays by ensuring early and more efficient pre-trial conferences and setting of early hearing dates
• The introduction of Criminal Rules also requires from the time of the first pre-trial conference, an increased rigour to the assessment of issues so as to ensure particularly focused contested hearings and to encourage the resolution of cases or at least a narrowing of issues requiring adjudication.

• September 2019 – Implementation of the One Judge Model in Civil Proceedings – “one judge model”, where the same judge handles all procedural steps, hears any motions, and presides over the trial.

• Court rules that ensure throughout the course of the pre-trial process, an action is subject to active and ongoing supervision by the pre-trial judge, who may give any direction that he or she considers necessary to facilitate the just, most expeditious and least expensive determination of an action. For example, this may include establishing reasonable limits on pre-trial steps and the presentation of evidence at trial.
• Requiring that a timely trial or dispositive motion be set at the first pre-trial conference, with adjournments of such hearings only permitted in exceptional circumstances.
• Expanding the options available to facilitate settlement to include not only judicially assisted dispute resolution but also a neutral evaluation where early in the process a judge can provide his or her non-binding opinion on the probable outcome of the matter following a presentation of each party’s best case.

• February 2017 – CP Model - Child Protection proceedings were given priority in case scheduling through the establishment of child protection intake courts and limited case flow timelines. These changes were made to address systemic delays that had plagued the family court and had resulted in unacceptable outcomes for children
• The CP Model was expanded throughout the province in December 2018
• The intake court provides families an opportunity for meaningful interaction with a specialist judge to address the issues that led to apprehension. Discussions are often intense with family reunification as the goal where possible
• The enactment of federal Indigenous child welfare legislation and local Indigenous legislation (such as Peguis’ Honouring Our Children, Families and Nation Act) has enhanced the court’s ability to help Indigenous families in resolving issues that brought their children into care
• The majority of matters (92%) resolve at the Intake Court. Very few matters proceed to trial for determination by an adversarial process

• Since 2018, family proceedings involving family breakdown (divorce, separation, parenting arrangements, child and spousal support and family property division) have been subject to the Family Division Case Management Rules – sometimes called the FD Model
• The features of the Family Division Case Management Model are:
  • 1. ACCESSIBILITY – mandatory early exchange of information aids parties in resolving disputes
  • 2. NAVIGABILITY – forms are accessible and use a checklist format
  • 3. TIME-LIMITED – strict time lines imposed so that every case has a defined and foreseeable end date. Trials cannot be adjourned without Chief Justice’s permission
  • 4. EARLY AND EFFECTIVE JUDICIAL INTERVENTION – emergent hearings to address family violence and denial of access to children are available with duty judges
  • 5. TRIAGE CONFERENCES – early opportunity to discuss the dispute with a judge with a view to resolution
  • 6. ONE JUDGE MODEL – Triage conference judge will be the case conference judge in some cases such as variations of orders
  • 7. EFFECTIVE CASE MANAGEMENT – each case conference must result in a meaningful step towards resolution or preparation for trial
  • 8. THE END OF LITIGATION ABUSE – motions may only be filed with the permission of the case conference judge. No adjournments.
  • 9. PRIORITIZATION OF FAMILY VIOLENCE/ PARENTAL ALIENATION ISSUES – heard at the outset of the case, not at the end
• The foundational principles of the FD Model have allowed our Family Court to react and adapt to statutory changes and situational challenges in delivery of judicial services
• The result has been a nimble, cost-effective, efficient and navigable family court process
• 78% of cases resolve fully or partially at the first appearance before the triage conference judge
• The Family Law Act recognizes that cases where emergent motions and applications are necessary should continue through the Court
• Enhanced administrative powers for Maintenance Enforcement has reduced the frequency of variation applications and motions
• Family Resolution Services continues to provide assessments as ordered by the court

• The Trust, Reconciliation and Access to Justice Committee (TRAC) was established in 2017 with a mandate to address the unique obligations, opportunities and challenges the currently surround the Court’s relationship with Indigenous Manitobans in an era of reconciliation
• TRAC has 5 judges and 5 community members who report directly to the Chief Justice on all aspects of judicial reconciliation
• The work is informed by the 4 pillars of TRAC’s work:
  • Pillar 1: Building trust and understanding with Indigenous communities through outreach and engagement
  • Pillar 2: Enhancing judicial education and awareness of challenges and opportunities, both culture and legal, connected to reconciliation
  • Pillar 3: Identifying specific reconciliation initiatives for implementation, aimed at producing real and meaningful change
  • Pillar 4: Normalizing the court’s attentiveness and vigilance to the unique access to justice issues faced by Indigenous Manitobans
• One of TRAC’s first public initiatives was the introduction of the sacred eagle feather as a form of oath at court counters and in courtrooms province-wide. The Provincial Court partnered with this initiative
• Annual cleansing ceremonies take place to ensure that traditional protocols are followed for the care of the sacred eagle feathers
• The CP Model which was implemented in the Family Division in 2019 is an example of a specific reconciliation initiative which resulted in a meaningful change in court processes
• Important to examine all aspects of the Court’s provision of services through the “reconciliation lens”
• All Court initiatives must take into consideration the potential to enhance or to compromise the goal of reconciliation
• Processes for accountability must be developed to ensure that the Court is providing services in an open, culturally appropriate and respectful manner
• Provision of services often challenging due to vast geographic area of Province and limits on judicial resources
• Use of technology, informal processes and diversion to local restorative justice programs, use of Indigenous languages in Courtrooms can help to ameliorate these challenges
• Adjusting current Court processes by the acceptance of traditional Indigenous legal processes (sentencing circles, use of storytelling, receiving recommendations from local Elders or justice committees, pre-hearing smudging, presence of eagle feather, etc.) are some practices being examined
• Advent of local Indigenous Courts will require adjustments to current court service models

Provincial Court of Manitoba

The Importance of Reconciliation in A2J

Timely Service Delivery and A2J

A2J and Technology in Court Operations

Continued Innovation in A2J

AJEFM/Infojustice

• Workshops and individual consultations provided in French (and, occasionally, in English).
• Provides services for newly arrived immigrants as well as prospective immigrants, including workshops.
• Provides legal advice and representation to qualifying francophone victims of family violence.
• Helps francophones with questions in all areas of the law, including renting rights, family law, employment law, wills, immigration, small claims, and more.
• Hired 3 summer law students.
• Works with government, courts and the Law Society of Manitoba to improve and increase access to justice in French.
• Provides Continuing Professional Development sessions to francophone lawyers in partnership with the Law Society of Manitoba.

• Hopes for issues to be addressed regarding filing in French.
• Need for more people in court who speak French.
• Need for bilingual judges, particularly in the Family Division.
• At times those needing services in French have to wait multiple hours for translation services to be available.
• Need to increase awareness and cooperation from non-French speaking members of the Bar on language rights.

Assembly of Manitoba Chiefs

• Provide wraparound supports
  • Ensure that whoever is trying to get care/control of the child has the housing and funding necessary to provide for the child
• Work with parents in treatment and those coming out of custody to reconnect them with their children
• New Bill (Bill 32)
  • Parents can meet with CFS to prevent their children from being taken away
  • The Legal Services branch is working with the Province to make sure the branch correctly understands the agreements
• Advocate to the province about changes to the CFS legislation
• Work with the Public Guardian/Trustee's office

Community Legal Education Association (CLEA)

• French Family Law fact sheets have been updated (thanks to PBSC law students Eric Matthews and Maria Pepelassis, and to Karine Pelletier, who supervised the students).
• Law students through PBSC helped out at the Law Phone-In & Lawyer Referral Program. We'd like to thank Dylan Brown, Leah Cant, Eric Moon, Harlan Morris and Simran Theathi.
• Our Directors' Liabilities booklet has been updated, thanks to Karas Elbardisy.
• The 2024 Legal Services Directory is available for sale.
• We have 12 new videos, including: Ban on Conversion Therapy, a three part series on Family Law, Cultural Understandings of Intimate Partner Violence, Introduction to Legal Aid, Estate Administration, Youth Employment Law, Parenting Cases involving Intimate Partner Violence, and a Civil Litigation series.

• The webinar schedule is updated regularly and accessible: Upcoming Events

Community Unemployed Help Centre

New Leadership:

New Ways to Find CUHC:

Same Quality Staff & Students:

More Things to Come:

Healthy Muslim Families

• Three locations, including two in Winnipeg and one in Winkler
• 17 employees (half are full-time)
  • Also take volunteers
• A refugee clinic has been started
  • Offers help in filling refugee applications
  • Clinics are by appointment so that interpreters can be provided
• Weekly clinics offered
  • Assist with any matter; most are family matters
  • Help with form filing and filling
  • Protection orders
• Wraparound services are offered
  • Interpreters
  • Bus tickets
  • Children’s play areas in the centres
  • In-house counselling
  • A marriage and family therapist who clients can be referred to
• Public legal education
  • Webinars
• Training for youth in the summer
  • Trying to get more Muslim youth into law
• Advocacy, particularly for racialised students
• Hosted PBSC students
• Community consultations and reports have been completed
• Recently approved as part of the Sandbox

The Law Society of Manitoba

The Path

Part-Time Fees Pilot

The Hub

Sandbox Pilot Project

Civil Society Organizations

Legal Aid Manitoba

• Legal Aid Manitoba (LAM) serves over 100,000 people per year, and issues over 30,000 legal matters per year
• LAM is working with the University of Manitoba and University College of the North’s new pre-law program
  • Goal of building capacity and opportunity in the north (specifically, opportunities for Indigenous youth in law)
• Educational programs:
  • Family law seminar targeting best practices, and will be offering a seminar again in March 2025
  • Staff Counsel Seminar emphasizing competency skills and Indigenous colonization education
• Smudging policy created for LAM this year
  • Smudging materials are distributed throughout the Province
  • Can smudge in any Legal Aid office

• Lack of counsel available, especially in regions outside of Winnipeg
  • Communities without lawyers lose more than just legal services. Lawyers are often the backbone of the community boards, agencies and programs. This directly impacts the quality of life in less populous regions.

Legal Clinics at the University of Manitoba's Faculty of Law

• L. Kerry Vickar Business Law Clinic:

  The goal of the Clinic is to expose students to the practical aspects of corporate and commercial law carried out with professional responsibility and sense of public obligation. Students will provide information, advise, choose and form business entities, draft legal documents, and conduct legal research, regulatory compliance, good governance, stakeholder activism, and social responsibility.

• Manitoba Legal Clinic for the Arts:

  Newly launched in 2023, the Manitoba Legal Clinic for the Arts is the only clinic in Manitoba that provides free legal information and services tailored specifically to artists and arts organizations. The clinic is operated by law students under the supervision of practicing lawyers. The clinic assists artists with issues such as contracts, intellectual property, sale of goods, and technology. A third of clients are located outside of Winnipeg; the clinic is available remotely.

• University of Manitoba Community Law Centre (UMCLC):

  The University of Manitoba Community Law Centre is an independent Legal Aid office that is staffed exclusively by Robson Hall students, overseen by a supervising Legal Aid Manitoba lawyer. Students manage their own files, which deal with summary conviction criminal cases. In addition, it may provide assistance for Highway Traffic Act offences, small claims cases that involve consumer problems, individual disputes with Manitoba Public Insurance, and some straightforward family law files.

  Potential clients of the UMCLC must meet the Legal Aid Manitoba eligibility requirements. The UMCLC is a cost-effective service. With most of the labour donated, the cost per person assisted is less than $100.00.

• Indigenous Community Legal Clinic (ICLC):

  The ICLC provides hands-on opportunities to students, such as developing and managing client files and conducting qualitative research. Students will also work directly with high school students from the Seven Oaks school division to increase “pathways in and out of law school.” Students will have an opportunity to learn theory about decolonizing and Indigenizing law, as well as how to integrate these principles into the practice of law.

• Rights Clinic at Robson Hall

  The Rights Clinic was founded in July 2022 to expand the clinical offerings at the University of Manitoba Faculty of Law and to advocate for the protection and advancement of rights. The primary focus of the Rights Clinic is to raise awareness and promote education about rights.

  The Rights Clinic does not provide legal advice or representation.

• Department Of JusticeLaw Library Hub
• Women's Legal Education and Action Fund (LEAF)

• Legal Help Centre

• Manitoba Law Reform Commission

• Public Interest Law Centre

• Manitoba Legal Clinic for the Arts (launched in 2023)
• International Human Rights Law Clinic (launching Fall 2024)
• Northern Externship with Legal Aid

  One student will be living in Thompson from June-August working for Legal Aid. This externship has the goal of encouraging students to think about northern Manitoba as a place to live and work.

• Working on tracking hours assisting clients
  • Business Law Clinic: Over 2000 hours of service provided per year
  • UMCLC: Each student provides about 300 hours of service
  • Goal for other clinics to start tracking hours

Legal Help Centre (LHC)

• An LHC representative attends the Millennium Library once per month for community outreach in the library lobby. Beginning in May of 2024, and until further notice, LHC will also have a private space available at Community Connections (located off the library lobby) between 1:00-4:00pm, to meet with individuals on a drop-in, first come, first served basis where those individuals can receive legal information about an issue they are experiencing. Please see the Community Connections event calendar for dates that LHC attends: Community Connections - Winnipeg Public Library
• An LHC representative attends the Protection Order Set-Aside Court List, where they can assist self-represented individuals as duty counsel.

Manitoba Bar Association

• Ten sessions per year
  • E.g. Tackling homelessness
• Mixers for BIPOC lawyers
• Participated in A2J week 2023
  • Hosted two panels
• Reconciliation
  • Partners with the Winnipeg Indigenous Accord
  • Committed to the Calls to Action
  • Indigenous Accords Summit
• Advocacy
  • Meet with the government and official opposition; represent the legal profession
  • Ran an A2J campaign
  • Sent letters to the provincial parties (the NDP responded positively)
  • Advocate for sufficient funding of the justice system
    • Currently, there are not enough clerks, sheriffs, or Justices of the Peace
    • There are delays in filing documents and in documents returning to counsel

Manitoba Council of Administrative Tribunals

• 3 programs offered:
  • Annual new members training
    • MCAT provides this training for new government appointees to administrative tribunals
  • Decision-writing seminar (biannual)
  • Annual conference
    • Updates on administrative law and practice
    • Recent keynote topics include working in a trauma-informed way and impacts of AI on the work of administrative tribunals
• Many people appearing in front of tribunals are self-represented
  • More advocates need to be trained and made available (this could include law students under supervision)
  • It is not essential to have lawyers appear in tribunals, but it is helpful for the panels to hear from parties who have been provided with appropriate assistance, whether coaching or representation

Manitoba Justice - Family Resolution Services

• Intimate partner and family violence screening, safety planning and emotional support regardless of point of contact (e.g. call to police, out of court resolution, civil and/or criminal proceedings)
• Initial administrative calculation and recalculation of child support through the Child Support Service
• Support voluntary payment of child and spousal support; taking enforcement action as appropriate
• Deliver navigation support to and through family court for self-represented litigants
• Deliver out of court resolution, including culturally and trauma informed mediations
• Conduct court-ordered family evaluations and mediations
• Support supervised parenting time and child exchange services

• Healthy relating programming and family coaching before, during, or after decisions
• Comprehensive Co-Mediation, Lawyer-Mediator teams will collaboratively support families to work towards comprehensive separation agreements including parenting time, child/spousal support and or property division
• Family mediation-arbitration will support families who are more unlikely to resolve on a voluntary basis after they receive independent legal advice; Family-Arbitrators (family law lawyers with 10+ years of experience) will provide resolution and final enforceable decisions through a Family Arbitration Award
• Up to five hours of free duty counsel/legal advice through a partnership with LAM to support resolution
• Through a Law Society of Manitoba regulatory sandbox application, FRS Court Operations Specialist will be able to provide limited legal advice and draft orders under the supervision of a lawyer
• Roosters of professionals will be created to help deliver the program

• Manitoba Justice’s Courts Division is configuring an ICM system to digitize out of court and court processes for all levels of court and the FRS including online dispute resolution, e-filing and coordinated digital service:
  • Consolidating 25 existing internal and public facing systems (databases, record keeping, etc.) into a single province-wide system
  • Creating a single portal to court services for public access
  • Minimizing data entry by reducing reliance on paper and automating record keeping
  • Sharing real-time information analytics
• FRS, in partnership with InfoJustice Manitoba, is developing the St. Boniface Access to Family Justice Hub to provide bilingual social, financial and legal supports to get families to the right services safely, quickly and seamlessly. The Hub has collocated in a Francophone area in Winnipeg to better serve that community and will be staffed with seven new positions. This Hub will ensure Francophone families will be able to access services in their language of choice, in community, close to home where they are already connected or through any of our other FRS locations by phone, in person or digitally

Manitoba Justice - Prosecution Service

• An Indigenous Advisory Council has been created
  • Seven Indigenous Crown attorneys are on the Council
• Working to implement the Calls to Action (specifically in education)
• Created a five-day mandatory immersive training, called Grandmothers Pathway to Peace
  • Knowledge Keepers, Elders and Survivors attend and speak about pre-contact and residential schools
  • Runs four times a year; 15 Crowns attend each session
  • 120 Crowns have participated in the program
  • Day five is a land-based day
    • Includes participation in a sweat-lodge ceremony
  • Discussion of Gladue reports
    • Important for prosecutors to understand the work that goes into a report
• Incorporating more Métis-specific resources into educational materials
• Regional Prosecutions
  • Goal: increase Crown attorneys in communities
  • There are issues with resourcing and staffing throughout the Justice system in the North
    • Need more pilots and court staff
  • Trying to re-establish relationships with the communities that haven’t been visited since the pandemic

Manitoba Law Foundation

• Funded by the interest earned on lawyers’ trust accounts
  • In 2022-23, $17.2 million in revenue; this is a significant increase to past years’ income
  • 50% of funding goes to legal aid; 16.7% of funding goes to the Law Society (used for education)
• A new logo was introduced to increase the profile of the Foundation
  • Need increased awareness of the Foundation
• Looking to increase access to the Foundation
  • Launching a new website in English and French in 2024/2025
  • Goal of putting the website in plain language to increase the number of grassroots organizations who apply for funding
• Currently have 9 board members; waiting for the Minister of Justice to appoint a new Chair
• Looking to move in the coming months to a space that is larger and more accessible
  • Wish to accommodate more staff

The Manitoba Law Reform Commission

Manitoba Métis Federation

• Consultation with the Red River Métis Government for inclusion of the need for services for all Red River Métis concerning courts, policing, and restorative justice
• Inclusion of Indigenous law must consider all three branches of Indigenous peoples, not just First Nations concepts of justice. This requirement is essential to include our Government’s Governance Structure as well delivery service province wide through our Regional Structure and are not geographically structured by a community

• Servicing citizens outside of Winnipeg
  • Currently covers four regions; require more funding to service the remaining three regions
  • Our current Métis Community Justice Workers service approximately 94 communities since program inception

• The system does not recognize the difference between First Nation and Métis governance structures
  • The four Métis court workers serve multiple circuit courts within our three Regions
  • Red River Métis citizens are not in one specific community (contrasts First Nations)
• Are beginning to develop a process to fit into the system through court workers and diversion programming

Mediation Services

• Specialize in restorative justice, conflict resolution and mediation

• 1. Restorative Justice Diversion Program
  • 400-500 files from the Crown per year, in addition to direct police referrals.
    Staff and trained volunteers offer mediation and restorative action sessions
• 2. Conflict Engagement and Mediation Training Program
  • Public (for individuals, one off and certificate programs)
    • Mediation certificate (intensive training)
    • Conflict management certificate
  • On-demand (online)
  • On-site (for groups, workplaces)
    • Respectful workplace training
    • Effective feedback
    • Generations at work
• 3. Community Mediation
  • Self-referral program
  • Deal largely with neighbour and family conflicts
• 4. Family Resolution (self-referral through GetGuidance@gov.mb.ca or (204) 945-2313)
  • Parenting plans
  • Comprehensive agreements
  • Arbitration

• Education
  • Telling clients that mediation is an option
• Moving from paper to electronic
• Private prosecutions (peace bonds)
  • Assisting people in the courtroom (e.g. answer questions for clients)

Pro Bono Students Canada

Public Interest Law Centre (PILC)

• Public Interest
  • This includes work on human rights and constitutional law, children’s special allowance funds, supporting newcomers, the intersection of mental health and law, equality rights challenges, engagement with seniors and more.
• Consumer Rights
  • Evidence-based research and advocacy for clients.
• Indigenous Law
  • Work with First Nations clients to increase capacity e.g. economic benefits, access to resources, decision-making tables with regard to forestry, s 35 cases, and legal information gathering on critical minerals in Manitoba.
• Advocacy Unit
  • This unit does work on Residential Tenancies, involves people who are not lawyers but are doing A2J work, and supporting Indigenous tenancies, income assistance, disability service access, etc.
  • There is a PILC advocate at Welcome Place who helps primarily with refugee applications.
    

• PILC Engagement Report: PILC published their Stakeholder Engagement Report.

  As part of regular outreach, as well as a strategic planning exercise to sharpen and maximize their ability to fight for systemic transformation, PILC conducted extensive stakeholder engagement during Spring 2021. They hosted webinars and one-on-one meetings for non-profit organizations, grassroots groups, academics, and First Nations to share their communities’ greatest legal needs, largest access to justice barriers, and ideas on how PILC could help. Their findings are publicly available here.

Resources for A2J Stakeholders