Justice Committee — Report 2 (2nd Legislature, 38th Session)

JUS 2-38-02

Manitoba — Committees

TO THE HONOURABLE THE LEGISLATIVE ASSEMBLY OF MANITOBA: Your Standing Committee on JUSTICE presents the following as its Second Report. Meetings: Your Committee met on T hursday, November 18, 2004 at 6:30 p.m. in Room of the Legislative Building. Matters Under Consideration: • Bill (No. 47) - The Legal Aid Services Society of Manitoba Amendment Act/Loi modifiant la

Loi sur la Société d'aide juridique du Manitoba Membership Resignations / Elections: Substitutions received prior to commencement of meeting: • Mr. SWAN for Hon. Ms. OSWALD • Mr. DEWAR for Mr. SANTOS • Mr. GOERTZEN for Mr. CUMMINGS • Mr. EICHLER for Mr. FAURSCHOU Public Presentations: Your Committee heard presentations on Bill (No. 47) – The Legal Aid Services Society of Manitoba Amendment Act/Loi modifiant la

Loi sur la Société d'aide juridique du Manitoba from the following individuals and / or organizations: Ken Mandziuk Manitoba Association for Rights and Liberties Byron Williams Public Interest Law Centre Veronica Jackson Manitoba Bar Association David Joycey Legal Aid Lawyers Association Allan Fineblit Law Society of Manitoba Sheldon Pinx and Saul Simmonds Manitoba Criminal Defense Lawyers Association Michael Williams Private Citizen Sarah Inness Private Citizen Laura Friend Private Citizen Val McCaffrey Private Citizen Bills Considered and Reported: • Bill (No. 47) - The Legal Aid Services Society of Manitoba Amendment Act/Loi modifiant la

Loi sur la Société d'aide juridique du Manitoba Your Committee agreed to report this Bill with the following amendments: THAT Clause of the Bill be amended by adding the following after the proposed

section 6: Tariff review 6.1(1) At least once every two years, the council must review the tariff of fees paid to solicitors for providing legal aid. Consultation with advisory committee 6.1(2) The council must consult with the advisory committee when conducting the review. Report to minister 6.1(3) The council must provide the minister with a report on the findings of the review. The report must set out any recommended adjustments to the tariff of fees and provide an explanation for any recommendation.

THAT Clause of the Bill be amended by adding the following after the proposed subsection 8(5): Meetings 8(5.1) The committee must meet at least four times each year. One of the meetings must be a joint meeting with the council. Executive director and chair to attend 8(5.2) The executive director and the chair of the council must attend each meeting of the committee or send a delegate on his or her behalf. THAT Clause of the Bill be amended by adding the following after the proposed

section 8.1: Information to advisory committee 8.2 The chair of the council must provide the advisory committee with the following information on an annual basis: (

a) the number of applications for legal aid; (

b) the number of applications approved; (

c) the number of eligible applicants who requested the appointment of a specific solicitor to provide legal aid; (

d) the number of eligible applicants who had legal aid provided by their requested solicitor. THAT Clause of the Bill be amended in the proposed subsection 11(2) by striking out "An applicant " and substituting " In order to determine whether an applicant is, or continues to be, eligible to receive legal aid, the applicant". THAT Clause of the Bill be replaced with the following: 9

Section is replaced with the following: No right to choose lawyer 14(1) The executive director or an area director must appoint a solicitor who is a registered member of the panel to provide legal aid to an eligible person or group. Consideration of request 14(2) In making the appointment, the executive director or area director must consider any request by the person or group for the appointment of a specific solicitor. THAT Clause of the Bill be replaced with the following: 10 Subsection 15(1) is amended (

a) by striking out "selected by or appointed for an applicant" and substituting "appointed to provide legal aid"; and (

b) by striking out "for that applicant" in the English version. Submitted by: ____________________________________ Mr. MARTINDALE, Chairperson November 18, 2004

Document details

Collection	Manitoba — Committees
Citation	JUS 2-38-02
Type	committee
Volume / chapter	reports 38th 2nd jus02.pdf
Language	en
Format	pdf
Source	PROVINCIAL
Identifier	ce62d884d5d31387d77474749cd0f8852625acb3

Source file is stored in the law ingest library (pdf).