Frequently Asked Questions

  • Can a potential employer ask me if I have a youth record?

    Yes. They may also request that a record check be done. Once a young person obtains a copy of the record, they may provide it to anyone, including a potential employer.

    When a youth record is closed, the young person may inform employers that they do not have a record and that they have not been charged with, or found guilty of, a criminal offence.

  • Can a Power of Attorney still be drafted if the donor is physically unable to sign the document?

    Yes. In such a case, the donor must direct someone else to sign for him/her and acknowledge the signature in the presence of a qualified witness.

    The following can be witnesses: a judge, justice of the peace, doctor, notary public, lawyer, or police officer.

  • Can a responsible adult agree to supervise the young accused instead of them remaining in custody?

    If a young person is facing the prospect of being held in custody prior to trial, the court has an obligation to inquire whether there is a responsible person available to care for the young person, make sure they attend court, and make sure that they comply with court conditions. The responsible person must agree to these conditions in writing and the young person must also agree.

  • Can a witness to my will also be a beneficiary?

    If a beneficiary or spouse of a beneficiary witnesses a will, the gift to them is not valid unless a court says otherwise. Therefore, beneficiaries or spouses of beneficiaries should not witness wills.

  • Can a young person enter a plea of guilty or not guilty without a lawyer?

    A judge can only accept a plea if they are confident that the young person fully understands the consequences of the plea. For this reason, if a young person does not have a lawyer, they will be encouraged to obtain a lawyer at virtually every stage of the court proceedings. If a young person is denied Legal Aid coverage and cannot afford a lawyer on their own, the judge can appoint a lawyer to act for them. This is a special safeguard used only for youths—there is no way for a court to appoint a lawyer for an adult who has been denied Legal Aid.

    A judge may still accept a plea from a youth who has decided to not obtain a lawyer—however, extra care must be taken to ensure the young person fully understands the implications of the plea.

  • Can any motions be heard by a judge before the triage conference?

    Although most motions and applications can’t be dealt with in a family proceeding prior to the triage conference, The Court of King’s Bench Rules lists some exceptions. The following can be dealt with prior:

    • An application under the Family Homes on Reserves and Matrimonial Interests or Rights Act (Canada) for an interim order of exclusive occupation without notice;
    • A motion for an order of reference dealing with the date that cohabitation started or the date of separation;
    • A motion for an order of reference on family property issues unresolved, either by written agreement or court order, with the consent of both parties.
  • Can any motions be heard by a Master before the triage conference?

    Masters can hear a number of motions prior to a triage conference:

    (a) motions dealing with service of documents, such as substituted service, validated service or requests to extend the time for service;

    (b) a motion for financial disclosure;

    (c) a motion to withdraw as counsel;

    (d) a motion to determine whether a party has satisfied all applicable prerequisites in order to obtain a triage conference date;

    (e) a motion to compel a party to complete applicable prerequisites in order to obtain a triage conference date;

    (f) a motion to appoint a family evaluator under subsection 49(1) of The Court of King’s Bench Act;

    (g) a motion to refer parties to a designated mediator under subsection 47(1) of The Court of King’s Bench Act.

  • Can any refusal be appealed?

    While most refusals can be appealed, certain refusals cannot be appealed. If the parent or grandparent is not found to be a member of the “Family Class”, for instance if the individual is a step-parent or a biological parent of a child who was later adopted, they will not be members of the family class. As well, there are other types of refusals that cannot be appealed.

    It is important to note that sometimes appeals are not available because the sponsor has inadvertently checked off the wrong box on the sponsorship form regarding refunds.

  • Can future employers view my ROE?

    Not without your consent. Your ROE is only used by Service Canada to determine whether you are eligible for Employment Insurance (EI), and if so, to help determine what amount you should receive.

  • Can I appeal an interim order?

    The Manitoba Court of Appeal prefers that the parties go ahead with a trial instead of appealing interim orders. The trial judge does not have to follow the interim order and can make a brand new order. The Court of Appeal has said that interim orders are discretionary orders that are made looking at the specific facts involved at that time. This will not be changed on an appeal unless there is a serious error about a principle of law, complete misunderstanding of the evidence, or the decision is so clearly wrong that it amounts to an injustice.

  • Can I appeal the decision of the Executive Director of Legal Aid?

    If the Executive Director refuses your appeal, you can appeal that decision to Legal Aid’s Appeal Committee. You can appeal by filling in the form that came with the Executive Director’s refusal, or, by writing a letter and sending it by mail or fax to:

    Legal Aid Management Council Appeal Committee

    4th Floor – 287 Broadway

    Winnipeg MB R3C 0R9

    Fax:  204-944-8582

    In your Appeal letter, say why you think the decision was wrong. The Appeal Committee will consider your reasons and will review your file. The Appeal Committee will then make its decision within 1 – 2 weeks. You will receive a letter notifying you about the Appeal Committee’s decision.

    The Appeal Committee’s decision is final. There are no further appeals.

  • Can I apply for a record suspension at any time?

    An individual must wait a set period of time from the date of completion of a sentence (whether it is the payment of a fine, a period of incarceration, or a period of probation) before they are eligible to apply for a record suspension. The waiting period for summary conviction offences is five years, and for indictable offences it is ten years.

  • Can I apply for compensation if a family member passed away because of a domestic violence incident?

    If a member of your immediate family was killed as a result of a crime, you may be able to seek compensation. For more information, contact the Compensation for Victims of Crime Program.

  • Can I apply for divorce anywhere in Canada?

    You can only apply for divorce in a province where one of the spouses has been a resident for at least 1 year and continues to be a resident at the time of filing.

  • Can I apply to court to have a motion or application heard prior to the triage conference?

    You may be able to request an emergent hearing date, before the triage conference, if your situation involves:

    • An immediate or imminent risk of harm to a party or a child of a party;
    • The removal of a child from Manitoba;
    • The loss of destruction of property.

    A February 13, 2020 Practice Direction further clarified that abrupt, unilateral termination of contact may constitute an immediate or imminent risk of harm in certain cases:

    http://www.manitobacourts.mb.ca/site/assets/files/1152/final_practice_direction_on_clarification_of_the_new_fd_model.pdf

    “Additionally, however, an emergent request and emergent relief may be justified in situations where one parent has abruptly, unilaterally and without explanation or apparent justification, completely cut or has “virtually eliminated” all access and/or contact between the other parent and a child or children.”

    You will have to contact your local court office and request the Triage Conference Coordinator. The Triage Conference Coordinator will review your request and your court file to determine whether your file is new, ongoing, or closed with a final order granted. They will provide further advice based upon the status of your file. If you have a new file, the Coordinator may advise proceeding with a request for an emergent hearing if a pleading is filed. You can get the Request for an Emergent Hearing form here:

    https://web2.gov.mb.ca/laws/rules/form_2e.php?form=70BB

  • Can I ask for a change of lawyer through Legal Aid?

    A change of lawyers will only be allowed in exceptional circumstances. For more information, contact Legal Aid directly.

  • Can I ask the court to allow me to serve my sentence on weekends?

    Where the total term of the sentence is not more than 90 days, the court has the discretion to order that the time be served intermittently (at distinct intervals such as on weekends). Such sentences allow the offender to remain employed, continue in school, or otherwise avoid financial hardship.

  • Can I be compensated if I was hurt during a domestic assault?

    There is a program called the Compensation for Victims of Crime Program that assists victims of crime with expenses related to the crime. You may be compensated for the following:

      • Medical expenses
      • Damaged clothing
      • Items seized by police as evidence
      • Dental expenses
      • Eyeglasses
      • Counselling
      • Lost wages
      • Support for dependants
      • Rehabilitation or retraining
      • Compensation for permanent disability
      • Funeral expenses

    The Compensation for Victims of Crime Program can be reached by calling (204) 945-0899, toll free at 1-800-262-9344, or online at https://www.gov.mb.ca/justice/crown/victims/compensation.html.

  • Can I be evicted for being exposed to COVID-19?

    No. The Manitoba Human Rights Commission’s position is that COVID-19 is a disability, and therefore a protected ground under The Human Rights Code. This means your landlord cannot evict you just for being exposed to the virus, or they could face a human rights complaint.

    However, if you have the virus and are not doing your part to prevent its spread to others, your landlord may have cause to evict you for endangering the lives of other tenants.

    For more information, visit the Commission’s fact sheet on COVID-19 and human rights:

    http://www.manitobahumanrights.ca/v1/education-resources/resources/pubs/guidelines/covid19guideline.pdf

  • Can I be fired for being exposed to COVID-19?

    No. The Manitoba Human Rights Commission’s position is that COVID-19 is a disability, and therefore a protected ground under The Human Rights Code. Being fired just for having been exposed to the virus would be discrimination, and you would be entitled to file a human rights complaint.

    However, this does not prevent your employer from taking other precautions if they believe you may have been exposed to the virus, such as requiring you to work from home.

    For more information, visit the Commission’s fact sheet on COVID-19 and human rights:

    http://www.manitobahumanrights.ca/v1/education-resources/resources/pubs/guidelines/covid19guideline.pdf

  • Can I be laid off during COVID-19?

    Yes, but a lay off is different from a termination. A lay off is a temporary disruption of employment. The employer does not have to give notice and does not have to pay you during a lay off.

    If a lay off lasts longer than 8 weeks in a 16 week period, it becomes a termination and the employer has to give you notice. If your employer continues to pay your wages or pays benefits, the lay off does not become a termination.

    The time between March 1, 2020 and when the state of emergency was declared on March 20, 2020 is not counted as part of the 8 weeks in a 16 week period.

    For more information see Employment Standards COVID-19 fact sheet:

    View website: