Justice | Province of Manitoba (2023)

In Manitoba, under the Residential Tenancy Law, you can terminate your residential lease if:

  • You are a victim of domestic violence, sexual violence or stalking
  • Do you currently feel unsafe in your home or do you think there is a risk to your safety and/or the safety of your children if you are a victim of domestic violence, sexual assault or stalking (including physical, emotional or psychological safety)?

You must do two things to end your lease:

  • You must obtain a certificate of termination of your lease from Manitoba Justice Victim Services.
  • You must tell your landlord that it is not for less than one rent payment period (the rental period is usually one month).

Application form for termination of tenancy for domestic violence, sexual assault or stalking

How do I request a certificate of termination of my rental agreement?

  1. Complete the Tenancy Termination Request Form for Domestic Violence, Sexual Violence, or Stalking. After completing the form, request the signature of a certified professional (see below for a list of certified professionals) and mail it to Manitoba Victim Justice Services at:
    VictimServicesCourtOrders@gov.mb.ca
    Ö
    Manitoba Victim Justice Services
    1410-405 Broadway
    Winnipeg, MB R3C 3L6
  2. If you have made a complaint to the police or have a court order (e.g. a restraining order) relating to domestic violence, sexual violence or stalking, you do not need to fill out the complaint form. Instead, you can call Manitoba Justice Victim Services and tell them you want to end your lease. You can reach her at 204-945-6851 or toll-free at 1-866-4-VICTIM (1-866-484-2846).

Upon contacting Manitoba Justice Victim Services, an appointment will be made to speak with you to discuss the matter and issue you with the Lease Termination Certificate. To complete the process, you must send your landlord the certificate and a notice of termination. You may use Form 7, Tenant Termination, to submit the required written notice.

Do I need to report an incident?

no However, you can contact the police to report what happened to you if you wish. You can also submit the application form to Victim Support without involving the police.

What is a certified professional?

People who can complete and sign the certified professional declaration include:

  • Doctors and other doctors
  • registered nurses and psychiatric nurses
  • psychologists;
  • registered social workers;
  • Police officers;
  • A person employed in emergency or transitional shelter for people at risk of homelessness or violence, if the person is authorized by the employer
  • A person hired to provide support services to victims of domestic or sexual violence or stalking (e.g. therapists and counselors) when the person has been authorized by their employer

If you're not sure who to ask, seek advice at your local women's center, family center, or community health center, or call your doctor.

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Can I still apply if I don't know the person who hurt me?

Yes, you can request termination if you have experienced violence or sexual harassment and are concerned for your safety, even if you don't know the person who hurt you.

I live with other people who are also included in the contract. How does this process affect you?

If you terminate your tenancy with a certificate in accordance with the Housing Tenancy Act, the entire tenancy will be terminated. You don't have to tell other renters that you've canceled the lease unless you feel comfortable doing so. The landlord is obliged to inform the other tenants of the termination.

Roommates can negotiate with the landlord if they want to stay, and they can sign a new lease if the landlord agrees to let them stay.

After your last rent payment and presentation of the certificate to your landlord, you are no longer liable for the financial obligations from the rental agreement.

Do I get my damage deposit and pet deposit back if I terminate my rental contract early with a certificate in accordance with the Residential Tenancy Act?

In this case, too, all your rights as a tenant apply. As long as the landlord has no valid claim to your deposit or pet deposit, they must refund that deposit to you.

For more information on deposit refunds, seehttps://www.gov.mb.ca/cca/rtb/ot/gbook/s10securitydeposit_refundingasd7.html

Do I get an incorrect reference if I end the rental agreement with the certificate?

A landlord cannot give you a bad reference just because they gave you a certificate of early termination of your tenancy. Under Section 92.4(5) of the Tenancy Act, any information received for termination for domestic violence, sexual assault or stalking must be kept confidential.

If I give the landlord the certificate in the middle of a billing period, do I still have to pay rent in the next billing period?

Yes, if you terminate your tenancy with a certificate under the Housing Tenancy Act, the tenancy officially ends on the last day of the next rent payment period, which can last longer than a month from the submission of the certificate. For example, if your rent is due on June 1st and you submit your certificate on May 15th, your lease expires on June 30th, which means you still have rent to pay on June 1st.

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After paying the last rent after presenting the certificate to your landlord, you are no longer liable for the financial obligations arising from the rental agreement.

Should I wait for the owner to respond to my certificate and notification?

The date of termination is the day on which you send your certificate and notice of termination to the landlord. Be sure to keep a copy of the certificate and make a note of when and where you gave the certificate to its owner.

Will the owner request more information or investigate my situation?

no If you submit the certificate and the notice of termination, that is all the information that the owner can ask for and cannot be investigated further. You don't have to give the landlord the details of your situation or explain what happened to you.

Section 92.4(5) of the Tenancy Act requires the landlord to keep confidential any information received regarding a termination for domestic violence, sexual violence or stalking.

I don't feel comfortable giving the certificate to the caretaker of my building. what else can I do?

If your building is professionally managed, you can submit the certificate directly to the property manager in place of the caretaker (the person who looks after the building on behalf of the owner or their local representative).

If you do not wish to present the certificate to the property management company or have questions about a landlord you deal with directly, please contact the Office of Residential Leasing at 1-800-782-8403 or Justice Services at 204 for Manitoba Victims -945-6851 or toll-free at 1-866-4-VICTIM (1-866-484-2846).

I have immediate security concerns. Do I have to wait until my lease ends before I move?

If you're at risk, you don't have to wait until your contract officially expires. Call the Domestic Violence Crisis/Awareness Line at 1-877-977-0007 to discuss your options and learn about services in your area. The line is available 24 hours a day, seven days a week and all calls are treated confidentially.

If you are in immediate danger, call 911.

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Who do I contact if I need help with the application process?

If you need assistance or assistance during the application process, please contact Manitoba Victim Justice Services at 204-945-6851 or toll-free at 1-866-4-VICTIM (1-866-484-2846).

I have problems with my landlord. What I can do?

If you're having trouble with your landlord, contact the Residential Tenancies Branch or Manitoba Justice Victim Services to discuss your situation and see what options are available to you.

Contact the Office of Residential Leasing at 1-800-782-8403

Contact Manitoba Victim Justice Services at: 1-866-4-VICTIM (1-866-484-2846)

How do I contact Manitoba Victim Justice Services?

You can contact Victim Support at 204-945-6851 or toll-free at 1-866-4-VICTIM (1-866-484-2846).

If you submit an application form, after completing all sections of the form, you can send it by email or post to the following address:

E-Mail-Addresse:VictimServicesCourtOrders@gov.mb.ca

Mailing address: Manitoba Victim Justice Services
1410-405 Broadway
Winnipeg, MB R3C 3L6

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Lease termination form

For more informations:

Contact Manitoba Victim Justice Services at 1-866-4-VICTIM (1-866-484-2846) or visit ushttps://manitoba.ca/victimservices

Visit the apartment rental agency's website:https://www.gov.mb.ca/cca/rtb/index.html

Contact details for the apartment rental can be found at:https://www.gov.mb.ca/cca/rtb/detailde.html

Find other community resources in Winnipeg:
resource card

Find other community resources in Brandon:
resource card

Resources:

Domestic Violence Information/Crisis Line 24/7 at 1-877-977-0007

24/7 Sexual Assault Crisis Line (Community Health Clinic) at 204-786-8631
Toll-free number: 1-888-292-7565

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Heart Medicine Lodge unter 204-594-6

Survivor's Hope Crisis Center (Ost-Manitoba) unter 204-753-5353

FAQs

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The Department of Justice Act. The Correctional Services Act. The Legal Aid Manitoba Act. The Victims' Bill of Rights.

Who is the Minister of Justice for Manitoba? ›

Biography. Kelvin Goertzen is a lifelong resident of Steinbach and, since 2003, has had the honour of serving as the MLA for the Steinbach constituency. Kelvin is currently the province's Minister of Justice, Attorney General and Government House Leader.

What does Manitoba justice do? ›

Manitoba Justice serves Manitobans by helping to provide a safe, just and peaceful society. The justice system supports equality, fairness, individual responsibility and respect. Effective programs and services make safer communities.

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This is called the principles of parsimony. These sentencing principles reflect all three the key principles of fairness, equality and access. The judge must also take into account specified purposes of sentencing and particular factors identified to be relevant to sentencing under the law.

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Crown Attorney salaries at Government of Manitoba can range from $76,534-$83,725.

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The Rt Hon Dominic Raab MP

Dominic Raab was appointed Deputy Prime Minister, Lord Chancellor and Secretary of State for Justice on 25 Oct 2022.

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Power of Attorney from $350.00 per person or $600.00 per couple (plus tax) Includes a meeting to take your instructions, drafting of the power of attorney, and a second appointment to execute the power of attorney. Only $100.00 (plus tax) when you have a power of attorney done at the same time as a will.

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For more information visit www.legalaid.mb.ca. For Families with annual incomes under $50,000, the Legal Help Centre offers free Drop-in Clinics. Located in Winnipeg on the second floor of the Portage Place Mall, Drop-in hours are Tuesdays and Thursdays 1:00 pm – 4:30 pm. No appointment is necessary.

What is the main responsibility of a justice? ›

Pursuant to the judicial authority granted in the United States Constitution and the constitutions of states and territories and applicable laws, the primary responsibility of the judicial branch is to provide an impartial forum for the resolution of disputes.

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2. Tools ​To establish facts and develop evidence, a criminal investigator must use these tools-information, interview, interrogation, and instrumentation. 3.

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Criminal acts, such as sexual assault, physical assault, murder, theft, property damage, and vandalism, would call for investigators to gather evidence so that charges could be made.

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Section 156 of the code empowers the officer in charge of a police station to investigate a case in his territorial jurisdiction without the order of the Magistrate if the offence is cognizable in nature.

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All of the aforementioned is provided through budgets approved by Parliament, as is the prime minister's total annual compensation of $357,800 (consisting of an MP's salary of $178,900 and the prime minister's salary of $178,900).

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As the legal member of Cabinet, the Minister of Justice exercises their political judgment except when providing legal advice, which must be independent and non-partisan. The Minister of Justice is responsible, in whole or in part, for 53 federal statutes, including the Criminal Code.

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Do you need a lawyer for a power of attorney in Manitoba? ›

However, the donor should see a lawyer prior to preparing or signing a power of attorney to obtain advice about the form it should take, what it should include, and who should act as attorney. Lawyers will usually be able to provide advice, and prepare the form for a fee.

Can you do power of attorney yourself? ›

Register a lasting power of attorney

If you're the donor and you still have mental capacity, you can apply to register the LPA yourself. The person named as your attorney can also apply to register the LPA. They can do this at any time, whether you have lost mental capacity or not.

Is it worth having power of attorney? ›

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All provinces in Canada have a Government funded Legal Aid office that can assist individuals who do not have the income to hire private counsel.

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Pro Bono Law Ontario

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You are visited or contacted by the police – The most common way to tell if the police are investigating you is if they confront you personally. You may find police showing up at your home, place of work, or reaching out to you by phone to ask questions about a criminal case.

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Sec. 12: (1) Any person under investigation for the commission of an offense shall have the right to be informed of his right to remain silent and to have competent and independent counsel preferably of his own choice. If the person cannot afford the services of counsel, he must be provided with one.

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The Constitution states that the Supreme Court has both original and appellate jurisdiction. Original jurisdiction means that the Supreme Court is the first, and only, Court to hear a case.

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Four major goals are usually attributed to the sentencing process: retribution, rehabilitation, deterrence, and incapacitation. Retribution refers to just deserts: people who break the law deserve to be punished. The other three goals are utilitarian, emphasizing methods to protect the public.

What is the difference between a felony and a misdemeanor? ›

A felony is typically defined as a crime punishable by a term of imprisonment of one year or more. Misdemeanours are often defined as offenses punishable only by fines or by short terms of imprisonment in local jails.

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What are the 4 classifications of crime? ›

This is called grading. Crimes are generally graded into four categories: felonies, misdemeanors, felony-misdemeanors, and infractions.

What constitutes a crime? ›

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Correction– reforms and rehabilitates the offenders. This is known as the weakest pillar in CJS.

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Professor Ferri's classification of criminals as born criminals, criminal madmen, criminals by contracted habits, occa- sional criminals, and criminals by passion, has the merit of being somewhat simpler and perhaps easier, therefore, of practical applica- tion; but even in Ferri's classification one can discern no ...

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Federal and state justice systems carry out the same functions (enforcing laws, trying cases, and punishing offenders), but the laws and agencies of the two systems differ. State legislatures make most criminal laws, which are enforced by state and local police.

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