A Brief History of Manitoba Justice
Making and enforcing the law is the essence of government. Therefore, the
Departments core functions have existed since the creation of the province in 1870.
The Department was originally known as the Department of the Attorney General. The name
was changed to Department of Justice in 1989 to reflect the expanded role of the
Department.
The Department of Justice has undergone many changes but the core duties of the
Department flow from the Constitution Act, 1867, which assigned to the Federal
Government jurisdiction over all criminal law while assigning to the provinces:
- The administration of justice in the Province, including the constitution, maintenance,
and organization of provincial courts, both of civil and criminal jurisdiction, and
including procedure in civil matters in those courts; and
- The imposition of punishment, by fine, penalty, or imprisonment, for enforcing any law
of the Province.
The Court of Queens Bench was established in 1872. The Court decides all matters
of controversy relating to property and civil rights and processes, and exercises all
powers and authorities of a Superior Court. A Manitoba Court of Appeal was established in
1906 to hear appeals from all courts in Manitoba.
Amalgamation of the Court of Queens Bench and the County Court occurred in 1984,
which was also the year that the Family Division of the Court of Queens Bench was
established. Canadas first comprehensive Family
Violence Court was established in September 1990.
T he Department has not always been responsible for
Corrections. Corrections was transferred out of the Department to the Department of Health
and Social Development in 1970. In May of 1988 jurisdiction for Corrections and The
Corrections Act (now known as
The Correctional Services Act)
was transferred back to the Department of the Attorney General.
The Department, over the years, has provided funding to a number of arms length
bodies including:
The Department has evolved rapidly in recent years in response to increased public
awareness of legal rights. A significant landmark was the introduction of
Legal Aid in 1972. The passage of the Charter of
Rights and Freedoms affected the justice system profoundly and led to the creation of a
Constitutional Law Branch.
The Department has pioneered innovative programs like the
Maintenance Enforcement Program, the Family Violence
Court, the Seizure and Impoundment of cars driven by suspended drivers, and the
Community Notification Advisory Committee, all of which
were the first of their kind in Canada and have been models for other provinces. The
Department has also developed new administrative structures, most notably establishing the
Public Trustee and Civil Legal Services as Special
Operating Agencies.
As noted above, in the criminal justice system the Department has had a traditional
responsibility for the provision of policing services, for the prosecution of offenders,
and for the operation of Law Courts. However in recent years the Department has challenged
itself to step beyond these traditional roles. We have pursued formation of partnerships
with community groups, other Provincial Departments, and other levels of government, to
find new ways to enhance public safety. Non-traditional initiatives include helping to
address root causes of crime, promoting crime prevention activities, giving victims a
greater voice in the criminal justice system, considering Aboriginal cultural values in
our dealings with Aboriginal persons, and searching for new ways to motivate, encourage
and support offenders to rehabilitate themselves.
A Century of Integrity - Jon Woolley - PDF
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