Manitoba Justice

Last updated
Manitoba Justice
Justice Manitoba
Department overview
Formed1988 (1988)
Preceding Department
  • Department of the Attorney General
Type Justice department
Jurisdiction Government of Manitoba
Headquarters450 Broadway,
Winnipeg, Manitoba [1]
Employees
  • 3,161 FTE (2019–20) [2]
  • 3,343 FTE (2017–18) [3]
Annual budget$659.3 m CAD (2019–20) [2]
Minister responsible
Deputy Minister responsible
  • Dave Wright, Deputy Minister of Justice and Deputy Attorney General
Key documents
Website www.gov.mb.ca/justice

Manitoba Justice (French : Justice Manitoba), or the Department of Justice (Le ministere de la justice; formerly the Department of the Attorney General), [6] [7] is the provincial government department responsible for administering the Crown Law justice systems in the province of Manitoba. [8]

Contents

More specifically, Manitoba Justice deals with the provision of correctional services; the protection of personal and property rights; the drafting of legislation; provision of civil and criminal court services; the provision of civil legal services to government; and development of law reform. [9] Within these areas of concern, Manitoba Justice looks over the Law Enforcement Review Agency (LERA), the Office of the Chief Medical Examiner, and the Public Guardian and Trustee, among others. Manitoba Justice also provides funding to several independent bodies, including the Law Reform Commission, Legal Aid Manitoba, and Manitoba Human Rights Commission. [8]

Established in 1871, the Department of the Attorney General was one of the first departments formed by the newly-established Province of Manitoba—however, the initial legislation related to the Department, the Attorney General's Act, would not be passed until 1885. [6] [7]

The department is overseen by a cabinet minister known as the Minister of Justice and Attorney General (French : Ministre de la Justice et procureur général), currently Matt Wiebe. [10] The minister who holds this office is typically also designated as Keeper of the Great Seal of the Province of Manitoba (French : Gardien du Grand Sceau de la province du Manitoba). [lower-roman 1] [11]

History and legislation

Authority for administering justice within each province and territory of Canada was assigned to provincial governments by section 92(14) of the federal Constitution Act, 1867 . Manitoba's justice arm, the Department of the Attorney General, was formed in 1871, becoming one of the first departments formed by the newly-established province. However, the initial legislation related to the Department, the Attorney General's Act, would not be passed until 1885. [6] [7]

Department of Justice Act
Parliamentwinnipeg manitoba.jpg
Legislative Assembly of Manitoba
Citation C.C.S.M. c. J35 [PDF]
Territorial extent Manitoba
Enacted byRSM 1987, c. A170
CommencedFeb 1, 1988
Amends
The Attorney General's Act, C.C.S.M. c. A170
Amended by
SM 2017, c. 14
Status: Amended

Designating authority to the Department, the 1885 Attorney General's Act would be renamed to the Department of Justice Act in 1987. [7] Accordingly, the Department was reorganized in 1989 and—hoping to reflect its broadened influence in provincial government and justice system—became the Department of Justice. [6]

In 1997, the responsibilities of Manitoba Justice were expanded to include administration of the Justice Initiatives Fund (formerly the Aboriginal Justice Fund), a program designed to fund initiatives that support the Department's goals. In 2016, the department took responsibility over crime prevention (transferred from the Children and Youth Opportunities department) and consumer protection (transferred from the Department of Tourism, Culture, Heritage, Sport and Consumer Protection). [9]

Statutes

In Manitoba, an Act (or statute) is a law enacted by the Legislative Assembly of Manitoba. A consolidated Act is one that has been updated to incorporate amendments into its original text, with continuing application as amended. [12] Moreover, in Manitoba, consolidated Acts are grouped into three subcategories: [12]

On behalf of the province, Manitoba's Department of Justice administers and enforces more than 100 provincial statutes relating to civil law, correctional services, and court administration, among others. Consolidated Acts that Manitoba Justice has been responsible for include, among others, The Human Rights Code (1987–88); The Liquor, Gaming and Cannabis Control Act (2013), formerly The Liquor Control Act; The Child Custody Enforcement Act (1987); The Justice for Victims of Child Pornography Act (2011); The Manitoba Public Insurance Corporation Act; [14] and The Victims' Bill of Rights (1998), formerly The Victims' Rights Act. [15]

Under the Canadian Constitution Act of 1867, Manitoba Justice is also responsible for prosecuting cases under the Criminal Code and the Youth Criminal Justice Act . [8]

Courts Division

The Courts Division of the Department facilitates court services throughout Manitoba and is overseen by Assistant Deputy Minister Suzanne Gervais (2019/20). The three courts of Manitoba are: [16]

  1. Manitoba Court of Appeal;
  2. the Court of Queen's Bench of Manitoba; and
  3. the Provincial Court of Manitoba

Criminal Justice Division

The Criminal Justice Division provides police protection for all parts of Manitoba, working closely with municipal and Indigenous police as well as the RCMP. [8]

Law Enforcement Review Agency

Law Enforcement Review Agency
Agency overview
FormedFebruary 1, 1985
Headquarters420 - 155 Carlton Street, Winnipeg, MB
Employees7
Annual budget$655,000 CAD [17]
Minister responsible
  • Minister of Justice
  • Asst. Deputy Minister of Criminal Justice
Agency executive
Parent departmentManitoba Justice
Key document
Website gov.mb.ca/justice/lera/index.html

The Law Enforcement Review Agency (LERA) is an arm's-length, non-police body of the Criminal Justice Division that, under the authority of The Law Enforcement Review Act (TLERA), investigates public complaints against members of local/municipal police forces in Manitoba—particularly, abuses of authority by on-duty officers. [8] [2] LERA is located in Winnipeg and its current staff consists of the Commissioner, a registrar/administrative officer, a clerk, and 4 investigators. [18]

The Commissioner reports operationally to the Minister of Justice via annual report, as a legislative requirement, and administratively to the Assistant Deputy Minister of Criminal Justice. [18] As of 2020, LERA has statutory jurisdiction over (approx.) 1,664 peace officers that are employed by municipal police departments in Manitoba [17]

Originally, the responsibility of dealing with citizen complaints in Manitoba was handled by local police commissions, composed of some or all members of their respective municipal councils. However, Manitoba Police Commission (MPC)—which was established to provide consultation to municipal police and oversee their operations—would every so often receive complaints that had been inadequately addressed at the local level, and would have to get involved. In 1979, following MPC's investigation of an incident from 1976 that involved the (alleged) beating of a rape suspect by Winnipeg police officers, the Commission recommended a change in public complaint procedures. [18] In March 1981, the Department of the Attorney General proposed for new legislation and, in November 1982, The Law Enforcement Review Act (Bill 2, 32nd Legislature) was introduced into the House. The Bill would pass in August 1983 and would be proclaimed in December 1984. This new law would require that all public complaints regarding the actions of an on-duty police officer be referred to the Commissioner who accesses it according to the Act. [18]

LERA would finally begin operations as an agency on 1 February 1985. In 1988, the Attorney General initiated an evaluation of LERA and the consideration of consolidating LERA and MPC into a single agency dealing with police complaints in order to make use of available resources. In 1992, TLERA was amended, which included the establishment of the Law Enforcement Review Board (LERB); the MPC being dissolved; requiring the burden of proof; and more authority to the Commissioner to resolve complaints.

Crown Law Division

Civil Justice (or Crown Law), overseen by Assistant Deputy AG Mike Mahon (2019/20), [2] is the division of Manitoba Justice that consists of the following branches and agencies: [8]

Legal Aid Manitoba
Aide juridique Manitoba
Agency overview
Formed1971
Employees
  • approx. 190 (2020)
Annual budget$37 m CAD (2019/20) [21]
Agency executives
  • Allan Fineblit, Management Council Chair
  • Irene Hamilton, Advisory Committee Chair
Parent departmentManitoba Justice
Key document
Website legalaid.mb.ca

Legal Aid Manitoba (LAM; French : Aide juridique Manitoba) is an independent agency, established by The Legal Aid Manitoba Act, [22] that provides legal services in Manitoba to those who may require legal aid. [8]

LAM receives funding from the Province of Manitoba, Government of Canada, and Manitoba Law Foundation, as well as client fees. [23] Legal Aid Manitoba currently has offices in Winnipeg, Brandon, Dauphin, The Pas, and Thompson, with its personnel (including contracted private lawyers) regularly travelling to over 40 rural and northern communities. Approximately 190 provincial employees work with LAM, formally or informally, serving (approx.) 90,000 Manitobans per year. [24]

For cases that affect groups of people (e.g., those involving human rights, environmental law, consumer law, poverty law), LAM funds and oversees its provision of services through the Public Interest Law Centre (PILC). PILC receives additional funding support from the Manitoba Law Foundation, as well as pro bono public interest legal services, in-kind services, client contributions, and occasional project grants. [25]

In the 1930s–40s, the Law Society of Manitoba established the first program in Canada to provide free aid for those who could not afford legal counsel. Lawyers would work pro bono. In 1969, with growing demand for free legal aid, a roster of private bar lawyers were paid $50 daily to act as duty counsel at criminal intake court. In 1971–72, Manitoba would finally incorporate legal aid into provincial legislation in 1971 and, in 1972, Legal Aid Services Society of Manitoba would begin operations. A decade later, with the advent of the Canadian Charter of Rights and Freedoms in 1982, LAM would establish the Public Interest Law Centre to handle cases of social significance, i.e. cases that affect groups/Manitobans broadly. [24]

In 2005, the organization formally changed its name to "Legal Aid Manitoba," and its board of directors was replaced by a management council with a chair and vice-chair appointed by the Lieutenant Governor in Council. [26]

Manitoba Law Reform Commission

The Manitoba Law Reform Commission (MLRC) is an arm's-length agency, established in 1970 by The Law Reform Commission Act, that reviews and recommends reforms regarding "modernizing and improving provincial laws." [8] [2]

Consisting of 5 to 7 members appointed by the Lieutenant Governor in Council, the Commission's membership is required to include a judge of the Court of Queen's Bench; a full-time student of the UManitoba Faculty of Law; "a lawyer entitled to practise in Manitoba and not in the employ of the government; and a non-lawyer." One of the members is appointed President of the Commission, and must be a lawyer. [27]

Community Safety Division

The largest division of Manitoba Justice is the Community Safety Division, [28] which "administers sentences imposed by the courts on offenders who are in custody or on probation." [8] [2] The Division was overseen by Associate Deputy Minister Scott Kolody during the 2019/20 fiscal year. [2]

This Division provides various services through its branches/units: [28] [2]

Relevant legislation includes The Safer Communities and Neighbourhoods Act, [30] The Body Armour and Fortified Vehicle Control Act, [31] and The Parental Responsibility Act.

The Division also oversees the Vehicle Impoundment Registry (VIR), the administrative centre that—under the Highway Traffic Act—administers the seizures and impoundments of vehicles, which includes recording the status of every vehicle seized in Manitoba. [2] :46

Manitoba Police Commission

The Manitoba Police Commission (MPC) provides advice to the Justice Minister on regulations that deal with police operations and conduct. The current Commission was established on 15 November 2010, as per section 6 of Manitoba's Police Services Act, [32] [lower-roman 2] and is also a member of the Manitoba Association of Chiefs of Police, the Canadian Association of Police Governance, and the Canadian Association of Civilian Oversight of Law Enforcement. [28] [2]

The Commission is currently chaired by David Asper. [32]

All police boards and commissions in Manitoba are required by law to submit an annual report to the MRC. There are 10 municipal police boards and 1 First Nation police commission in Manitoba: [33]

Manitoba Corrections

Manitoba Corrections (or the Corrections Division) has its head office located on 810 - 405 Broadway in Winnipeg. It includes 6 adult correctional services; [34] 2 youth correctional services, [34] which provide custody and various programs for young people charged with offences and/or sentenced to custody under the federal Youth Criminal Justice Act ; [35] and 27 community corrections offices (incl. 11 in First Nations communities), which provide all "non-custody, community-based offender services and programs." [36]

Manitoba Corrections centres [37]
Adult correctional centres [34]
NameLocationSecurityRated capacity [lower-roman 3] (adult)Note
Brandon Correctional Centre375 Veterans Way, Brandon medium244 malesShort-term holding for young offenders and 8 adult females is also provided for western Manitoba.
Headingley Correctional Institution 6030 Portage Avenue, MB Highway 1 minimum, medium, and maximum549 males
Milner Ridge Correctional Centre Agassiz Provincial Forest, Beausejour minimum, medium, and maximum524 malesLocated ~20 km (12 mi) southwest of Lac du Bonnet.
The Pas Correctional CentreNext to the provincial court building in The Pas.minimum, medium, and maximum110 males, 4 femalesIncludes temporary holding unit for young offenders
Winnipeg Remand Centre141 Kennedy St., downtown Winnipeg minimum, medium, and maximum281 males, 8 femalesThis is a pre-trial detention, i.e. remand, centre for adults, housing people who are waiting for court decisions on their charges or placement in correctional centres.
Women's Correctional Centre31 Routledge Ave., Headingley"multi-level"196 femalesThis Centre was completed and opened in early 2012.
Youth correctional centres [35]
NameLocationRated capacity [lower-roman 3] (youth)Note
Agassiz Youth Centre (AYC)59 acres, Portage la Prairie 128 malesWithin the centre is a high-security special-handling unit called Lakewood.
Manitoba Youth Centre (MYC)170 Doncaster St., Winnipeg105 males, 45 femalesThe largest youth correctional centre in Manitoba.
Community corrections offices [37]
Winnipeg community
TypeNameLocation
AdultFamily Violence Unit2031 Portage Ave
470 Notre Dame Ave
Intake & Records435 - 405 Broadway
Probation Program Unit225 Garry St
Probation Services – Bail Supervision10 Midland St
Random Assault Unit225 Garry St
Restorative Resolutions Program583 Ellice Ave
YouthYouth Community Corrections Office77A Redwood Ave
533 Notre Dame Ave
Rural community (adult & youth)
NameLocation
Centralized First Nations Unit172 Doncaster St., Winnipeg
Eastman Region 20 First St., Beausejour
Interlake Region 337A Main St., Selkirk
Norman Region Otineka Mall, The Pas
Parkland Region Swan River
Thompson Region 59 Elizabeth Drive Rd, Thompson
Westman Region 340 9th Street, Brandon

Minister and Attorney General

Minister of Justice and Attorney General
Ministre de la Justice et procureure générale
Matt Wiebe Headshot.jpg
Incumbent
Matt Wiebe
since October 18, 2023
Member of
Constituting instrument The Department of Justice Act
PrecursorAttorney General
Formation1990

The Minister of Justice and Attorney General (French : Ministre de la Justice et procureur général) is a cabinet minister in the Government of Manitoba. [11] The minister who holds this office is typically also designated as Keeper of the Great Seal of the Province of Manitoba (French : Gardien du Grand Sceau de la province du Manitoba). [lower-roman 1] The current Minister of Justice and Attorney General is Matt Wiebe. [11]

The role of Minister of Justice did not exist in Manitoba prior to 1990, when the designation of Attorney General (AG) was changed to 'Minister of Justice and Attorney General' midway through then-AG James McCrae's time in office. Thereafter, as of September 1990, Manitoba's Minister of Justice has been ex officio the Attorney General for Manitoba. [38] [39]

1871–1990

Manitoba Attorneys General [6] [11] [39]
MinisterPartyStart of termEnd of termConcurrent positions held
Henry Joseph Clarke N/AJanuary 13, 1871July 8, 1874 Premier of Manitoba (Mar 14, 1872 – Jul 8, 1874)
John Donald Cameron Liberal November 17, 1896January 6, 1900 Minister of Municipal Affairs (since Jan 13, 1893)
Joseph Dubuc Cons.July 8, 1874December 2, 1874
Joseph Royal Cons.May 11, 1876October 16, 1878 Provincial Secretary
David M. Walker Lib-Cons.October 16, 1878July 5, 1882
Alexander MacBeth Sutherland Cons.September 2, 1882September 3, 1883
James Andrews Miller Cons.September 6, 1883December 4, 1884
Charles Edward Hamilton Cons.February 4, 1885December 24, 1887
December 26, 1887January 18, 1888
Joseph Martin LiberalJanuary 18, 1888April 22, 1891Provincial Lands Commissioner/Railway Commissioner (Jan 20, 1888)
Clifford Sifton LiberalMay 14, 1891November 17, 1896Provincial Lands Commissioner (May 15, 1891 – Oct 7, 1896)
John Donald Cameron LiberalNovember 17, 1896January 6, 1900
Hugh John Macdonald Cons.January 6, 1900October 9, 1900
Colin H. K. C. Campbell Cons.October 9, 1900October 11, 1911Municipal Commissioner (Oct 29, 1900 – Dec 20, 1900)
James Henry Howden Cons.October 11, 1911May 12, 1915
Albert Bellock Hudson Liberal May 12, 1915November 10, 1917Minister of Telephones and Telegraphs
Thomas H. Johnson Liberal November 10, 1917June 6, 1922Minister of Telephones and Telegraphs
Robert Jacob Liberal June 6, 1922August 8, 1922
Richard Craig UFM August 8, 1922August 29, 1927Minister of Telephones and Telegraphs (Jan 12, 1925 – Apr 29, 1927)
William James Major Prog.August 29, 1927February 22, 1929
May 18, 1929April 1, 1941
James McLenaghen PC May 3, 1941June 23, 1950
Charles Rhodes Smith Lib-Prog August 16, 1950November 7, 1952
Ivan Schultz Lib-ProgNovember 7, 1952January 25, 1955
Michael Nicholas Hryhorczuk Lib-ProgJanuary 25, 1955June 30, 1958
Sterling Lyon PCJune 30, 1958December 9, 1963
  • Minister of Municipal Affairs (Sept 30, 1960 – Oct 25, 1961)
  • Minister of Public Utilities (Oct 31, 1961 – Jun 12, 1963)
Stewart McLean PCDecember 9, 1963July 22, 1966
Sterling LyonPCJuly 22, 1966July 15, 1969Minister of Tourism and Recreation Commission, Northern Affairs (till Sept 24, 1968)
Alvin Mackling NDP July 15, 1969September 4, 1973
Howard Pawley NDPSeptember 4, 1973October 24, 1977
Gerald Mercier PCOctober 24, 1977November 17, 1981
Roland Penner NDPNovember 17, 1981September 21, 1987
Victor (Vic) Schroeder NDPSeptember 21, 1987May 9, 1988Minister responsible for Manitoba Development Corporation (since Feb 4, 1987)
James McCrae PC May 9, 1988September 1990Until April 21, 1989:
  • Minister of Consumer and Corporate Affairs
  • Minister of Co-operative Development
  • Minister responsible for Constitutional Affairs
  • Minister for the Liquor Control Act

1990–present

Manitoba Ministers of Justice and Attorneys General [11] [39]
MinisterPartyStart of termEnd of termConcurrent positions held
James McCrae PC September 1990September 10, 1993
  • Minister responsible for Constitutional Affairs
  • Minister responsible for Liquor Control Act
Rosemary Vodrey PCSeptember 10, 1993January 6, 1997
Vic Toews PCJanuary 6, 1997October 5, 1999
  • Minister responsible for Constitutional Affairs
Gord Mackintosh NDPOctober 5, 1999September 21, 2006
David Chomiak NDPSeptember 21, 2006November 3, 2009Government House Leader
Andrew Swan NDPNovember 3, 2009November 3, 2014
  • Minister responsible for Constitutional Affairs
  • Minister for The MPI Corporation Act
James Allum NDPNovember 3, 2014April 29, 2015
  • Minister responsible for Constitutional Affairs
  • Minister for The MPI Corporation Act
Gord MackintoshNDPApril 29, 2015May 3, 2016
  • Minister responsible for Constitutional Affairs
  • Minister for The MPI Corporation Act
Heather Stefanson PCMay 3, 2016August 1, 2018
Cliff Cullen PCAugust 1, 2018January 5, 2021
Cameron Friesen PCJanuary 5, 2021January 18, 2022
Kelvin Goertzen PCJanuary 18, 2022October 18, 2023
  • Minister Responsible for Manitoba Public Insurance (MPI)
Matt Wiebe NDPOctober 18, 2023Incumbent
  • Minister Responsible for Manitoba Public Insurance (MPI)

See also

Crime and justice in Manitoba

Crime and justice in Canada

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References

Notes

  1. 1 2 "The Great Seal of the Province of Manitoba | Manitoba." Encyclopædia Britannica. Retrieved 25 January 2021.
  2. Police Services Act .
  3. 1 2 See: Rated capacity

Citations

  1. "Annual Report of Manitoba Justice (including Justice Initiatives Fund) (2009–2010)" (PDF). Winnipeg: Manitoba Justice. 2010. p. 9. Retrieved August 1, 2011.
  2. 1 2 3 4 5 6 7 8 9 10 https://www.gov.mb.ca/justice/publications/annualreports/pubs/annualreport1920.pdf [ bare URL PDF ]
  3. https://www.gov.mb.ca/justice/publications/annualreports/pubs/annualreport1718.pdf [ bare URL PDF ]
  4. "Cabinet Ministers: James Allum". Government of Manitoba. Retrieved August 1, 2011.
  5. Manitoba Justice 2010, p. 11.
  6. 1 2 3 4 5 6 "396?sessionsearch Department of the Attorney General." Archives of Manitoba. Retrieved 2021 January 25.
  7. 1 2 3 4 "The Department of Justice Act information table". Manitoba Laws. Retrieved 2021-01-26.
  8. 1 2 3 4 5 6 7 8 9 "Justice | Province of Manitoba". Province of Manitoba - Justice. Retrieved 2021-01-25.
  9. 1 2 Department of Justice. Archives of Manitoba.
  10. "Province of Manitoba | Cabinet Ministers". Province of Manitoba. Retrieved 2021-01-25.
  11. 1 2 3 4 5 "MLA Biographies - Living". www.gov.mb.ca. Retrieved 2021-01-25.
  12. 1 2 Justice, Manitoba. "Manitoba Laws". web2.gov.mb.ca. Retrieved 2021-01-25.
  13. Justice, Manitoba. "Manitoba Laws (C.C.S.M. Acts)". web2.gov.mb.ca. Retrieved 2021-01-25.
  14. Justice, Manitoba. "Manitoba Laws". web2.gov.mb.ca. Retrieved 2021-01-25.
  15. Justice, Manitoba. "C.C.S.M. Acts (by minister responsible)". web2.gov.mb.ca. Retrieved 2021-01-25.
  16. "Courts | Manitoba Justice". Province of Manitoba - Justice. Retrieved 2021-01-25.
  17. 1 2 https://www.gov.mb.ca/justice/lera/pubs/compendium.pdf [ bare URL PDF ]
  18. 1 2 3 4 The History of Manitoba's Law Enforcement Review Agency (LERA)
  19. "Family Law | Manitoba Justice". Province of Manitoba - Justice. Retrieved 2021-01-25.
  20. "Family Law Manitoba | Province of Manitoba". Family Law Manitoba | Province of Manitoba. Retrieved 2021-01-25.
  21. https://www.legalaid.mb.ca/wp-content/uploads/Annual_Report_2020_final.pdf [ bare URL PDF ]
  22. The Legal Aid Manitoba Act .
  23. "Legal Aid Manitoba". www.legalaid.mb.ca. Retrieved 2021-01-26.
  24. 1 2 "History". www.legalaid.mb.ca. Retrieved 2021-01-26.
  25. "Public Interest Law Centre". www.legalaid.mb.ca. Retrieved 2021-01-26.
  26. https://www.legalaid.mb.ca/wp-content/WordPress/PDF/Corporate_Directors_Manual.pdf [ bare URL PDF ]
  27. "Manitoba Law Reform Commission". www.manitobalawreform.ca. Retrieved 2021-01-26.
  28. 1 2 3 "Community Safety Division". Manitoba Justice. Retrieved 2021-01-26.
  29. Community Notification Advisory Committee (CNAC)
  30. "Justice | Province of Manitoba".
  31. "Justice | Province of Manitoba".
  32. 1 2 "About Us - Manitoba Police Commission | Province of Manitoba". Manitoba Police Commission. Retrieved 2021-01-26.
  33. "Manitoba Police Commission | Province of Manitoba". Manitoba Police Commission. Retrieved 2021-01-26.
  34. 1 2 3 "Adult Correctional Centres". Manitoba Justice. Retrieved 2021-01-26.
  35. 1 2 "Youth Correctional Centres." Manitoba Justice. Retrieved 2021-01-26.
  36. "Community Corrections Programs." Manitoba Justice. Retrieved 2021-01-26.
  37. 1 2 "Contact info | Community Safety Division (Manitoba Corrections)". Manitoba Justice. Retrieved 2021-01-26.
  38. Justice, Manitoba. "Manitoba Laws". web2.gov.mb.ca. Retrieved 2021-01-25.
  39. 1 2 3 "MLA Biographies - Deceased". www.gov.mb.ca. Retrieved 2021-01-25.