Legal Services Branch
The Legal Services Branch functions as the law firm to the provincial government. Its role flows from the constitutional and statutory responsibilities of the Attorney General as the chief legal advisor to government and the guardian of the rule of law and the public interest.
The Branch’s mission is to provide timely, high quality, helpful, efficient, and cost‐effective legal services that meet the needs of its clients. The following operating principles support its mission and goals:
- service is customer focused;
- service is cost‐effective; and
- commitment to the highest standards of service.
The Legal Services Branch provides a full range of legal services to all government departments, agencies, boards, commissions, committees, and government corporations that do not have their own legal counsel. While the Branch provides most civil legal services to government and its agencies, in appropriate circumstances, the Department of Justice will retain outside counsel through the Branch.
Counsel within the Branch are mindful of the potential government‐wide implications of the advice provided and work to ensure that consistent advice is provided. This means active consultation and collaboration among counsel in balance with the provision of cost‐effective legal services. Counsel provide legal services in the following areas:
- Aboriginal Law
- Access to Information, Privacy Law and Records Management
- Administrative Law
- Civil Litigation
- Constitutional Law
- Contracts and Agreements
- Conveyancing
- Corporate and Commercial
- Education Law
- Election‐related legal advice
- Environmental Law and Natural Resource Management
- Executive Government Organization and appointments to Boards and Commissions
- Family Law
- Information Technology
- International Law, including Trade Agreements
- Legislative Review and Policy Development
- Policing and Security
- Procurement
- Provincial Taxation
- Training and Education
LSB organizes its lawyers into six Sections:
Aboriginal and Natural Resources Law
This Section advises and represents Government and extended agencies on a wide range of matters related to Aboriginal law, as well as matters related to Crown land and natural resource management. Its expertise extends to:
- Indigenous self-government.
- Treaty and Aboriginal rights.
- Duty to consult and accommodate.
- Treaty Land Entitlement.
- Shared management agreements.
- Negotiating and drafting multi-party agreements.
- Mediation, arbitration and litigation involving Aboriginal law issues.
- Development, interpretation or advice on natural resource related legislation, regulations and policies (The Crown Lands Act, The Environment Act, The Wildlife Act, The Forest Act, The Mines and Minerals Act, The Water Power Act, etc.)
- Development and advice for the Government of Manitoba for the implementation by Indigenous governing bodies of their own child and family welfare services (re. Bill C-92).
Counsel assigned to this Section meet frequently with representatives of Indigenous communities, lead and participate in negotiations, are routinely engaged in the development of provincial programs and legislation, and actively participate in designated litigation and dispute resolution matters.
Constitutional Law
This Section provides legal advice and services to Government and extended agencies on all matters of Constitutional Law. This includes:
- All aspects of the Canadian Charter of Rights and Freedoms.
- Federalism and the distribution of powers.
- Aboriginal and treaty rights.
- Fundamental principles of a parliamentary democracy.
- Judicature and judicial independence.
- Taxation.
- Amendment to the Constitution of Canada.
- The Manitoba Act (i.e. provincial constitution).
- Minority language rights.
Counsel assigned to this Section specialize in a highly intellectualized field of the law. These counsel are routinely engaged in the development and/or defence of provincial programs and legislation, and participate in civil and criminal litigation. Criminal work typically involves the defence of Charter motions – either on behalf of Manitoba Prosecution Service, or alongside counsel from that Division. Within LSB, it is counsel in this Section who appear most frequently in the Supreme Court of Canada.
Corporate, Commercial and Information Technology Law
This Section provides legal advice and service for most of the government’s business transactions. Its expertise extends to:
- Drafting and advising on an extensive range of contracts and agreements. This includes consulting and service purchase agreements, research agreements, funding agreements, federal/provincial agreements, construction contracts, and memoranda of understanding.
- Supporting Government procurement of goods and services by drafting procurement documents, participating in negotiations with vendors, drafting agreements and providing related advice.
- Documenting arrangements with respect to information technology, including software licences, hardware acquisition and related services.
- Drafting documents and providing advice with respect to loans and guarantees, investment agreements, and bond issues.
- Assisting clients in the negotiation of interjurisdictional trade agreements and providing advice with respect to the interpretation of Canadian and international trade agreements.
- Preparing and approving documentation for the purchase, sale and lease of real property, development agreements, and various interests in real property, including mortgages and easements
- Providing advice regarding the creation, governance and dissolution of various business structures.
Counsel assigned to this Section are routinely engaged in negotiations, and frequently participate in the development of provincial programs and legislation.
Crown Law
This Section provides legal advice and service on cross-government issues, is a key liaison with Central Government offices, and works broadly in an advisory capacity to Government departments, divisions and agencies. Its expertise extends to:
- Access and privacy law, including information sharing agreements, privacy policies, notices and consents, privacy impact assessments, and responding to privacy breaches.
- Education law.
- Environmental licensing and regulation.
- Policing and security.
- Provincial taxation.
- Records management and security of information.
- Legislative and policy development.
- Orders in Council.
- Election-related issues including Government publications and advertisements during election periods.
- Executive government organization.
- Relationships with the Ombudsman, the Auditor General and other officers of the Legislature.
- Application of parliamentary conventions (e.g. the Caretaker Convention).
Counsel assigned to this Section are routinely engaged in providing advice on all manner of laws and legal principles, the development of provincial programs and legislation, and may actively participate in designated litigation.
Family Law
This Section provides legal services and advice, and participates actively in policy development, in the area of family law. This Section has expertise in general family law issues and other specialized areas, including:
- Provides family law advice and support for the Family Law Modernization Initiative, including to Family Resolution Service, and provides legal support for responses to public enquiries concerning family law matters received by the new Manitoba Justice Get Guidance service and other government offices.
- Works with the Legislative Counsel Office as instructing officers for family law legislation and as a Manitoba Justice representative on the Statutory Rules Committee with respect to proposed Court of King’s Bench Rules amendments.
- Provides Crown opinions/charging authorization in appropriate cases to law enforcement officials throughout Manitoba in parental child abduction cases and provides assistance and legal interpretation advice to law enforcement officials respecting disputes between parents related to custody orders and enforcement of custody orders.
- Provides training and advice to domestic violence service providers, protection order designates, and Victim Services workers regarding the requirements and processes under The Domestic Violence and Stalking Act.
- Fulfills the responsibilities of the Minister of Justice as the Manitoba Central Authority in cases involving international child abduction under The Hague Convention on the Civil Aspects of International Child Abduction.
- Fulfills statutory responsibilities as designated authority under The Interjurisdictional Support Orders Act and under the Divorce Act (Canada) and is the Manitoba Central Authority under The Hague Convention on the International Recovery of Child Support and Other Forms of Family Maintenance.
- Provides lawyer‐mediator services to parents in cooperation with Manitoba Justice’s Family Resolution Service, including mediating family issues, particularly those involving children.
Counsel assigned to this Section provide family law legal services to a number of government departments and programs (including the Maintenance Enforcement Program, the Director of Child and Family Services, certain regional child protection agencies, the Director of Assistance, the Director of Vital Statistics, and the Family Resolution Service), and help Government and the Department of Justice develop family law policy, programs and legislative initiatives.
Litigation
This Section provides civil litigation services to government and some of its extended agencies. Its expertise extends to:
- Appearing in all levels of court, including the Court of King’s Bench (including small claims), the Manitoba Court of Appeal, federal courts, and the Supreme Court of Canada, as well as in alternative dispute resolution processes such as mediation and arbitration.
- Conducting government civil litigation, including:
- Defence to, or advancement of, claims for negligence, breach of contract, nuisance and other private law causes of action;
- Judicial review of administrative decisions, matters of public law, and matters of statutory interpretation;
- Working with the Constitutional Law Section in responding to Constitutional questions;
- Seeking, and responding to requests for, injunctions;
- Asserting specified statutory Crown claims, including under The Criminal Property Forfeiture Act;
- Responding to non-party motions.
- Appearing before numerous quasi-judicial and administrative boards and tribunals including:
- Human rights adjudications;
- Labour Board;
- Land Value Appraisal Commission;
- Municipal Board;
- Liquor, Gaming and Cannabis Authority;
- Social Services Appeal Board.
- Representing Government in disputes under inter-jurisdictional trade agreements, including the Canadian Free Trade Agreement and the New West Trade Partnership Agreement.
Counsel assigned to this Section also advise Government and extended agencies on procedural and administrative law principles, act as counsel for certain boards and tribunals, and can be engaged in the development of provincial programs and legislation.