Manitoba King’s Bench now allowing video affirmation of affidavits at detention hearings
By Terry Davidson
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Law360 Canada (September 16, 2026, 4:57 PM EDT) -- Manitoba’s Court of King’s Bench is now allowing accused persons in remand who are challenging their detention the option of affirming the truth of their affidavits via video appearance.
The new
practice directive involves the
Criminal Proceedings Rules of the Manitoba Court of King’s Bench, which states that when an applicant is in custody, the court registrar “may accept the applicant’s unsworn affidavit for filing if the applicant is to appear at the judicial interim release hearing by video link and the truth of the contents of the unsworn affidavit is to be confirmed by the accused to be true at the hearing.”
The video option to confirm the truth of one’s affidavit took hold Sept. 15.
“Accordingly, instead of requesting the transportation of the accused, subject to a direction otherwise by the presiding judge, an available option is for the accused when they appear by video in the courtroom to then confirm the truth of the contents of their affidavit,” states the directive, issued by Associate Chief Justice Shane Perlmutter.
Back in May, the court issued a direction allowing for the “presumptive remote appearance of accused who are in custody at a Provincial Correctional Centre at detention review hearings” under the
Criminal Code’s sections 520 and 525 — both of which deal with when an accused in pretrial custody applies to challenge a detention order keeping them behind bars.
Since that direction took hold earlier this month, “the court has had requests for the accused to appear in person for the purpose of having [them] sign their supporting affidavit with the required administration of oath or affirmation.”
If you have any information, story ideas or news tips for Law 360 Canada, please contact Terry Davidson at t.davidson@lexisnexis.ca or 905-415-5899.