The Manitoba Court of Appeal (French: Cour d'appel du Manitoba) is the court of appeal in, and the highest court of, the Canadian province of Manitoba. It hears criminal, civil, and family law cases, as well as appeals from various administrative boards and tribunals.[1]
| Manitoba Court of Appeal Cour d'appel du Manitoba | |
|---|---|
 | |
| 49°53′16″N 97°08′49″W / 49.887853°N 97.146821°W | |
| Established | 1906 |
| Jurisdiction | Manitoba |
| Location | Law Courts Building, 408 York Ave, Winnipeg, Manitoba R3C 0P9 |
| Coordinates | 49°53′16″N 97°08′49″W / 49.887853°N 97.146821°W |
| Authorised by | |
| Appeals from | |
| Website | manitobacourts.mb.ca/court-of-appeal/ |
| Chief Justice of Manitoba | |
| Currently | Marianne Rivoalen |
Seated in Winnipeg, the Court is headed by the Chief Justice of Manitoba, and is composed of a total of 13 justices. At any given time, there may be one or more additional justices who sit as supernumerary justices.[1][2]
The Court hears appeals from the Provincial Court and the Manitoba Court of King's Bench, as well as certain administrative tribunals, including the Residential Tenancies Commission, the Municipal Board, and the Manitoba Labour Board, among others.[3]
Most cases are heard by a panel of three justices.[1] A single justice presides over matters heard in "chambers", usually interlocutory matters or applications for leave to appeal. Proceedings before the court are governed by the Court of Appeal Rules.[4][citation needed]
Judges
editPursuant to The Court of Appeal Act,[5] the Court consists of a Chief Justice and 12 other judges, all of whom are federally-appointed pursuant to the Judges Act.[1][2]
As a "Superior Court" under section 96 of the federal Constitution Act, 1867, Court of Appeal judges are appointed by the Governor-General of Canada (in practical terms, the Prime Minister of Canada). Appointees must be members of the Manitoba bar, but need not have had previous experience as a judge. However, appointees almost always have some experience as a judge, usually on the Manitoba Court of King's Bench.[citation needed]
Under the Judges Act,[6] federally-appointed judges (such as those on the Manitoba Court of Appeal) may—after being in judicial office for at least 15 years and whose combined age and number of years of judicial service is not less than 80 or after the age of 70 years and at least 10 years judicial service—elect to give up their regular judicial duties and hold office as a supernumerary judge.[2]
The first female appointed to the Court was Bonnie M. Helper, on 30 June 1989.[citation needed] The sons of two former Court of Appeal justices (Samuel Freedman and Alfred Monnin) currently or have recently served as judges on the court (Martin Freedman, Michel Monnin, and Marc Monnin).
Current justices
edit| Judge | Position | Appointment to Court | Nominated by | Previous appointment |
|---|---|---|---|---|
| Marianne Rivoalen | Chief Justice | June 1, 2023 | Trudeau | Justice, Federal Court of Appeal (2018-2023) |
| Diana M. Cameron | Judge | November 2, 2012 | Harper | Judge of the Court of King’s Bench (February 3, 2011) |
| Christopher J. Mainella[7] | Judge | October 1, 2013 | Harper | Judge of the Court of King’s Bench (October 4, 2012) |
| Jennifer A. Pfuetzner | Judge | June 19, 2015 | Harper | Judge of the Court of King's Bench (October 9, 2014) |
| Janice leMaistre | Judge | June 19, 2015 | Harper | Judge of the Provincial Court (November 22, 2006) Associate Chief Judge of the Provincial Court (September 9, 2009) |
| James Edmond | Judge | August 28, 2023 | Trudeau | Justice of the Manitoba Court of King's Bench (2013 to 2023) |
| David J. Kroft | Judge | August 28, 2023 | Trudeau | Justice of the Manitoba Court of King's Bench (2016 to 2023) |
| Anne Turner | Judge | August 28, 2023 | Trudeau | Justice of the Manitoba Court of King's Bench (2019 to 2023) |
| Freda M. Steel | Supernumerary judge |
|
Chrétien | Judge of the Court of King's Bench (October 3, 1995) |
| Holly C. Beard | Supernumerary judge |
|
Harper | Judge of the Court of King's Bench (November 27, 1992) |
| Marc M. Monnin | Supernumerary judge |
|
Harper |
|
| Karen Simonsen | Supernumerary Judge |
|
Trudeau | Judge of the Court of King's Bench (December 9, 2004) |
| Lori Spivak | Supernumerary Judge |
|
Trudeau | Judge of the Court of King's Bench (May 19, 2005) |
Past justices
edit| Name | Date of appointment | Nominated by | Additional information |
|---|---|---|---|
| Hector Mansfield Howell | July 23, 1906 | Initially appointed as "Chief Justice Appeal," his title was changed to Chief Justice of Manitoba on 15 November 1909; he served in that position until 7 April 1918 | |
| William Egerton Perdue | July 23, 1906 | Chief Justice of Manitoba from 25 May 1918 until 30 December 1929 | |
| Frank Hedley Phippen | July 23, 1906 | ||
| Albert Elswood Richards | July 23, 1906 | ||
| John Donald Cameron | April 27, 1909 | ||
| Alexander Haggart | April 3, 1912 | ||
| Charles Perry Fullerton | July 20, 1917 | ||
| Robert Maxwell Dennistoun | July 2, 1918 | Borden | |
| Thomas Llewellyn Metcalfe | October 3, 1921 | Mackenzie King | |
| James Emile Pierre Prendergast | May 1, 1922 | Mackenzie King | Chief Justice of Manitoba from 30 December 1929 until 18 March 1944 |
| Walter Harley Trueman | April 14, 1923 | Mackenzie King | |
| Hugh Amos Robson | December 31, 1929 | Mackenzie King | |
| Stephen Elswood Richards | March 11, 1932 | Bennett | |
| Hjalmar August Bergman | March 18, 1944 | Mackenzie King | |
| Ewan Alexander McPherson | March 15, 1944 | Mackenzie King | Chief Justice of Manitoba from 18 March 1944 until 18 November 1954 |
| James Bowes Coyne | December 10, 1946 | Mackenzie King | |
| Andrew Knox Dysart | September 11, 1947 | Mackenzie King | |
| John Evans Adamson | January 30, 1948 | Mackenzie King | Chief Justice of Manitoba from January 1955 until 1 March 1961 |
| Percival John Montague | February 1, 1951 | St. Laurent | |
| Joseph Thomas Beaubien | August 27, 1952 | St. Laurent | |
| Ivan Schultz | January 13, 1955 | St. Laurent | |
| George Eric Tritschler | April 18, 1957 | St. Laurent | |
| Calvert Charlton Miller | October 21, 1959 | Diefenbaker | Appointed Chief Justice of Manitoba on 1 March 1961 |
| Samuel Freedman | March 10, 1960 | Diefenbaker | Chief Justice of Manitoba from 22 March 1971 until 1983 |
| Robert DuVal Guy | March 1, 1961 | Diefenbaker | |
| Alfred Maurice Monnin | January 3, 1962 | Diefenbaker | Chief Justice of Manitoba from 16 April 1983 until 1990 |
| Charles Rhodes Smith | November 22, 1966 | Pearson | Chief Justice of Manitoba from 13 June 1967 until 1971 |
| Robert George Brian Dickson | June 13, 1967 | Pearson | Later elevated to the Supreme Court of Canada, eventually serving as Chief Justice of Canada |
| Gordon Clarke Hall | May 14, 1971 | Trudeau, Sr. | |
| Roy Joseph Matas | August 15, 1973 | Trudeau, Sr. | |
| Joseph Francis O'Sullivan | July 24, 1975 | Trudeau, Sr. | |
| Charles Richard Huband | February 20, 1979 | Trudeau, Sr. | |
| Alan Reed Philp | May 5, 1983 | Trudeau, Sr. | |
| Archibald Kerr Twaddle | August 22, 1985 | Mulroney | |
| Sterling Rufus Lyon | December 19, 1986 | Mulroney | |
| Bonnie M. Helper | June 30, 1989 | Mulroney | |
| Guy Joseph Kroft | February 1, 1993 | Mulroney | |
| Glenn D. Joyal | March 2, 2007 | Harper | Appointed to the Court of King's Bench of Manitoba on 10 July 2007 |
| Michel A. Monnin[8] | July 26, 1995 | Chrétien | Appointed to the Court of King's Bench of Manitoba on 23 March 1984 |
| Barbara M. Hamilton[8] | July 16, 2002 | Chrétien | Appointed to the Court of King's Bench of Manitoba on 26 July 1995 |
Chief Justice of Manitoba
edit| Chief Justice of Manitoba | |
|---|---|
since March 7, 2013 | |
| Style | Honourable Mr. Chief Justice |
| Member of | Manitoba Court of Appeal |
| Nominator | Governor General of Canada (Prime Minister of Canada) |
| Formation | 1906 |
The Chief Justice of Manitoba heads the Manitoba Court of Appeal. The Chief Justice is responsible for the judicial functions of the court, including direction over sittings of the court and the assignment of judicial duties.
From 1872 to 1906, the Chief Justice was seated in the Court of Queen’s/King's Bench, which held appellate jurisdiction. The appellate jurisdiction was transferred to the Court of Appeal upon its creation in 1906, and thereafter, the Chief Justice of the Court of Appeal has been the Chief Justice of Manitoba.[9]
| Name[9] | Term | Notes |
|---|---|---|
| Court of King's Bench (1872–1906) | ||
| Alexander Morris | July 1872 – Dec 1872 | |
| Edmund Burke Wood | 1874 – 1882 | |
| Lewis Wallbridge | 1882 – 1887 | |
| Thomas Wardlaw Taylor | 1887–1899 | Knighted in 1897 Diamond Jubilee Honours |
| Albert Clements Killam | 1899–1903 | to Supreme Court of Canada, 1903 |
| Joseph Dubuc | 1903–1909 | Position moved to Court of Appeal from 1906 |
| Court of Appeal (1906–present) | ||
| Hector Mansfield Howell | Nov 1909–Apr 1918 | |
| William Egerton Perdue | 1918–1929 | |
| James Emile Pierre Prendergast | Dec 1929–Mar 1944 | |
| Ewan Alexander McPherson | Mar 1944–Nov 1954 | |
| John Evans Adamson | Jan 1955–Mar 1961 | |
| Calvert Charlton Miller | Mar 1961–Feb 1967 | |
| Samuel Freedman | 1966–1967 | Acting Chief Justice during Miller's illness |
| Charles Rhodes Smith | June 1967–Mar 1971 | |
| Samuel Freedman | Mar 1971–Apr 1983 | |
| Alfred Maurice Monnin | Apr 1983–Jan 1990 | |
| Richard Jamieson Scott | July 1990–Mar 2013 | |
| Richard J. F. Chartier | 2013–May 2023 | |
| Marianne Rivoalen | 2023– | |
Further reading
edit- Dale Brawn, "The Court of Queen's Bench of Manitoba 1870-1950: A Biographical History" (Toronto: Osgoode Society for Canadian Legal History, 2006)
- Peter McCormick, "Caseload and Output of the Manitoban Court of Appeal: An Analysis of Twelve Months of Reported Cases" (1990) 19 Man. L. J. 31
- Peter McCormick, "Caseload and Output of the Manitoba Court of Appeal 1989" (1990) 19 Man. L. J. 334
- Peter McCormick, "A Tale of Two Courts: Appeals from the Manitoba Court of Appeal to the Supreme Court of Canada, 1970-1990" (1990) 19 Man. L. J. 357
- Peter McCormick and Suzanne Maisey, "A Tale of Two Courts II: Appeals from the Manitoba Court of Appeal to the Supreme Court of Canada, 1906-1990" (1992) 21 Man. L. J. 1
- Peter McCormick, "Caseload and Output of the Manitoba Court of Appeal, 1990" (1992) 21 Man. L. J. 24
- Peter McCormick, "Caseload and Output of the Manitoba Court of Appeal 1991" (1993) 22 Man. L. J. 263
- Peter McCormick, "The Manitoba Court of Appeal, 2000-2004: Caseload, Output and Citations" (2005) 31 Man. L. J. 1
- Frederick Read, "Early History of the Manitoba Courts", Manitoba Bar News (1937) Vol. 10, Nos. 1 & 2
References
edit- ^ a b c d e "About the Court of Appeal - Manitoba Courts". www.manitobacourts.mb.ca. Retrieved 2021-07-25.
- ^ a b c "Federal Judicial Appointments - Number of Federally Appointed Judges in Canada". www.fja.gc.ca.
- ^ "Frequently Asked Questions - Manitoba Courts". www.manitobacourts.mb.ca. Retrieved 2021-07-25.
- ^ Court of Appeal Rules
- ^ The Court of Appeal Act
- ^ Judges Act
- ^ "Manitoba Judicial Appointments Announced".
- ^ a b "MANITOBA JUDICIAL APPOINTMENTS ANNOUNCED". Archived from the original on 2003-11-11. Retrieved 2020-03-24.
- ^ a b "Memorable Manitobans: Judges of Manitoba". www.mhs.mb.ca. Retrieved 2021-07-26.