The mandate of the Inquest

Inquests in Manitoba are governed by statute, and to a certain extent by common law. Their legislative mandate is set out in the provisions of The Fatality Inquiries Act, C.C.S.M. c. F-52 (hereafter referred to as the Fatality Inquiries Act).

Inquests in Manitoba are presided over by judges of the Provincial Court of Manitoba (Fatality Inquiries Act, s. 26). Their primary role is to determine the identity of the deceased, the facts surrounding the death, how the deceased came to die, and whether the death was preventable. Additionally, an inquest is mandated to inquire into whether any of the policies or programs of an institution or government should be changed in order to prevent a repeat of such a death (Fatality Inquiries Act, s 33(1)).

During the course of these proceedings, a number of legal issues presented themselves in addition to the legal issues that normally arise with respect to the admissibility of evidence. These issues include the following:

• Who should have standing
• The question of culpability
• What is informed consent
• The legal privilege of members of Medical Standards Committees
• In camera proceedings
• Disclosure of evidence