Court of Queen's Bench of Manitoba
Encyclopedia
The Court of Queen's Bench of Manitoba (in French
: Cour du Banc de la Reine du Manitoba) is the superior court
of the Canadian province of Manitoba
. The court is divided into the Family Division and the General Division.
The Family Division deals with family law
cases including divorce
s, guardianships, adoption
s and child welfare
.
The General Division deals with all other matters, including civil trials, probate law, indictable offence
s and applications for the review of decisions from certain administrative tribunal
s.
The Act also established inferior courts known as Petty Sessions.
In 1872, The Supreme Court Act was amended by the Manitoba legislature to change the name of the court to "The Court of Queen's Bench". The first Chief Justice was appointed in July 1872. In the same year, the Petty Sessions were abolished and County Courts were established.
The appellate jurisdiction of the Court of Queen's Bench was transferred to the Manitoba Court of Appeal, which was established in 1906. In 1984, the County Courts were merged with the Court of Queen's Bench, and the judges of the County Courts became Court of Queen's Bench judges. Further, in 1984 the Family Division of the Court of Queen’s Bench was established.
Under the federal Judges Act, 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.
The following justices have elected supernumerary status:
Canadian French
Canadian French is an umbrella term referring to the varieties of French spoken in Canada. French is the mother tongue of nearly seven million Canadians, a figure constituting roughly 22% of the national population. At the federal level it has co-official status alongside English...
: Cour du Banc de la Reine du Manitoba) is the superior court
Superior court
In common law systems, a superior court is a court of general competence which typically has unlimited jurisdiction with regard to civil and criminal legal cases...
of the Canadian province of Manitoba
Manitoba
Manitoba is a Canadian prairie province with an area of . The province has over 110,000 lakes and has a largely continental climate because of its flat topography. Agriculture, mostly concentrated in the fertile southern and western parts of the province, is vital to the province's economy; other...
. The court is divided into the Family Division and the General Division.
The Family Division deals with family law
Family law
Family law is an area of the law that deals with family-related issues and domestic relations including:*the nature of marriage, civil unions, and domestic partnerships;...
cases including divorce
Divorce
Divorce is the final termination of a marital union, canceling the legal duties and responsibilities of marriage and dissolving the bonds of matrimony between the parties...
s, guardianships, adoption
Adoption
Adoption is a process whereby a person assumes the parenting for another and, in so doing, permanently transfers all rights and responsibilities from the original parent or parents...
s and child welfare
Child welfare
Child protection is used to describe a set of usually government-run services designed to protect children and young people who are underage and to encourage family stability...
.
The General Division deals with all other matters, including civil trials, probate law, indictable offence
Indictable offence
In many common law jurisdictions , an indictable offence is an offence which can only be tried on an indictment after a preliminary hearing to determine whether there is a prima facie case to answer or by a grand jury...
s and applications for the review of decisions from certain administrative tribunal
Tribunal
A tribunal in the general sense is any person or institution with the authority to judge, adjudicate on, or determine claims or disputes—whether or not it is called a tribunal in its title....
s.
History of the Court
In May 1871 the legislature of Manitoba enacted The Supreme Court Act to establish a superior court with original and appellate jurisdiction in the province. The law provided:There shall be constituted a Court of Justice for the Province of Manitoba, to be styled "The Supreme
Court," which shall have jurisdiction over ail matters of Law and Equity, ail matters of wills and intestacy,
and shall possess such powers and authorities in relation to matters of Local or Provincial jurisdiction,
as in England are distributed among the Superior Courts of Law and Equity, and of Probate.
The Act also established inferior courts known as Petty Sessions.
In 1872, The Supreme Court Act was amended by the Manitoba legislature to change the name of the court to "The Court of Queen's Bench". The first Chief Justice was appointed in July 1872. In the same year, the Petty Sessions were abolished and County Courts were established.
The appellate jurisdiction of the Court of Queen's Bench was transferred to the Manitoba Court of Appeal, which was established in 1906. In 1984, the County Courts were merged with the Court of Queen's Bench, and the judges of the County Courts became Court of Queen's Bench judges. Further, in 1984 the Family Division of the Court of Queen’s Bench was established.
Current Justices
| Name | Appointed | Division |
|---|---|---|
| Chief Justice Chief Justice The Chief Justice in many countries is the name for the presiding member of a Supreme Court in Commonwealth or other countries with an Anglo-Saxon justice system based on English common law, such as the Supreme Court of Canada, the Constitutional Court of South Africa, the Court of Final Appeal of... Marc M. Monnin |
August 27, 1997 | General |
| Associate Chief Justice Jeffrey J. Oliphant | August 22, 1985 | General |
| Associate Chief Justice A. Lori Douglas Lori Douglas Madam Justice A. Lori Douglas is the Associate Chief Justice of the Court of Queen's Bench of Manitoba and a member of the Canadian Judicial Council.... |
May 19, 2005 | Family |
| Mr. Justice Robert Carr | October 13, 1983 | Family |
| Mr. Justice Gil R. Goodman | July 16, 2002 | Family |
| Mr. Justice Kenneth R. Hanssen | March 23, 1984 | General |
| Mr. Justice Daniel P. Kennedy Daniel Kennedy (Manitoba judge) Daniel P. Kennedy is a judge and former politician in Manitoba, Canada. He has served on the Court of Queen's Bench of Manitoba since 1984.-Political candidate:... |
June 21, 1984 | General |
| Mr. Justice Rodney H. Mykle | September 15, 1989 | General |
| Madam Justice Robyn M. Diamond | September 15, 1989 | Family |
| Mr. Justice A. Clearwater | March 12, 1992 | General |
| Madam Justice Leá A. Duval | November 27, 1992 | General |
| Madam Justice Holly C. Beard | November 27, 1992 | General |
| Mr. Justice Nathan Nurgitz Nathan Nurgitz Nathan Nurgitz is a Canadian lawyer, judge, and former Senator.Born in Winnipeg, Manitoba, he received a Bachelor of Arts degree in 1954 and a Bachelor of Law degree in 1958 from the University of Manitoba and has taken attended a Harvard course on mediation... |
February 10, 1993 | General |
| Mr. Justice Kris Stefanson | May 28, 1993 | Family |
| Mr. Justice Perry Schulman | May 28, 1993 | General |
| Madam Justice Sylvia Guertin-Riley Sylvia Guertin-Riley Sylvia Guertin-Riley, Q.C., was appointed a judge of the Family Division of the Manitoba Court of Queen's Bench on July 27, 1995. Unlike most of her colleagues, she filled a newly created position, instead of replacing another judge.... |
July 26, 1995 | Family |
| Madam Justice Brenda L. Keyser Brenda Keyser Brenda L. Keyser was appointed a judge of the Court of Queen's Bench of Manitoba on October 5, 1995. She replaced Mr. Justice A.A. Hirschfield, who had chosen to become a supernumerary judge.... |
October 3, 1995 | General |
| Mr. Justice John A. Menzies John A. Menzies John A. Menzies was appointed to the Family Division of the Court of Queen's Bench of Manitoba in 1996. On October 7, 1998, he was appointed to that court's General Division, upon the resignation of Mr. Justice V. Simonsen. He presides in Brandon.... |
August 7, 1996 | General |
| Madam Justice Deborah J. McCawley Deborah McCawley Deborah J. McCawley, Q.C., was appointed a judge of the Court of Queen's Bench of Manitoba on September 17, 1997. She replaced Mr. Justice Gerald O. Jewers, who had chosen to become a supernumerary judge.... |
September 17, 1997 | General |
| Mr. Justice Donald M. Little Donald Little Donald Mark Little, of Brandon, was appointed a judge of the Family Division of the Court of Queen's Bench of Manitoba on February 12, 1998. He replaced Madam Justice C. Davidson, who had died.... |
February 10, 1998 | Family |
| Mr. Justice Morris Kaufman Morris Kaufman Morris Kaufman was appointed a judge of the Court of Queen's Bench of Manitoba on October 7, 1998. He replaced the Honourable W.R. DeGraves, who had chosen to become a supernumerary judge.... |
October 6, 1998 | General |
| Madam Justice Laurie P. Allen Laurie Allen Laurie Patricia Allen, Q.C. was appointed a judge of the Family Division of the Manitoba Court of Queen's Bench on October 7, 1998. She replaced Mr. Justice John A. Menzies who was appointed to the court's General Division.... |
October 6, 1998 | Family |
| Mr. Justice Douglas D. Yard Douglas Yard Douglas Dale Yard was appointed a judge of the Family Division of the Court of Queen's Bench of Manitoba on October 7, 1998. His appointment was effective on October 13, 1998. He replaced Madam Justice C.M. Bowman, who had chosen to become a supernumerary judge.Mr. Justice Yard graduated in law... |
October 6, 1998 | Family |
| Mr. Justice Donald P. Bryk Donald Bryk Donald P. Bryk, Q.C., was appointed a judge of the Court of Queen's Bench of Manitoba in Dauphin on February 17, 1999. He replaced Mr. Justice Kenneth J. Galanchuck, who resigned.... |
February 16, 1999 | General |
| Mr. Justice Frank Aquila Frank Aquila Frank Aquila, formerly a judge of the Provincial Court of Manitoba, was appointed a judge of the Family Division of the Manitoba Court of Queen's Bench on February 29, 2000. He replaced Mr. Justice Mullally, who chose to become a supernumerary judge.... |
February 28, 2000 | Family |
| Mr. Justice Robert B. Doyle Robert B. Doyle Robert B. Doyle was appointed a judge of the Family Division of the Manitoba Court of Queen's Bench on February 29, 2000. He replaced Mr. Justice Gil Goodman, who chose to become a supernumerary judge.... |
February 28, 2000 | Family |
| Mr. Justice C. Murray Sinclair Murray Sinclair The Honourable Justice Murray Sinclair was appointed the Chair of the Truth and Reconciliation Commission of Canada in June 2009. He was appointed Associate Chief Judge of the Provincial Court of Manitoba in March of 1988 and to the Court of Queen's Bench of Manitoba in January 2001... |
January 31, 2001 | General |
| Madam Justice Joan G. McKelvey Joan McKelvey Joan G. McKelvey was appointed a judge of the Manitoba Court of Queen's Bench on September 28, 2001. She replaced the Honourable Mr. Justice S.I. Schwartz, who elected to become a supernumerary judge.... |
September 27, 2001 | General |
| Mr. Justice John Scurfield John Scurfield John M. Scurfield QC , styled The Honourable Mr. Justice was a Canadian judge.Scurfield was born in Manitou, Manitoba, the second of four children to his late parents William Edward Scurfield , and Cynthia May Scurfield... |
July 16, 2002 | General |
| Madam Justice Colleen Suche Colleen Suche Colleen Suche, Q.C., was appointed a judge of the Manitoba Court of Queen's Bench on July 17, 2002. She replaced Madam Justice Barbara Hamilton, upon her appointment to the Manitoba Court of Appeal.... |
July 16, 2002 | General |
| Madam Justice Marilyn E. Goldberg Marilyn Goldberg Marilyn E. Goldberg, Q.C., was appointed a judge of the Family Division of the Manitoba Court of Queen's Bench on July 17, 2002. She replaced Mr. Justice J.A. Duncan, who elected to become a supernumerary judge.... |
July 16, 2002 | Family |
| Madam Justice Shawn D. Greenberg Shawn Greenberg Shawn Deborah Greenberg was appointed a judge of the Manitoba Court of Queen's Bench on October 30, 2003. She replaced Mr. Justice T.M. Glowacki, who elected to become a supernumerary judge.... |
October 28, 2003 | General |
| Madam Justice Karen I. Simonsen Karen Simonsen Karen I. Simonsen was appointed a judge of the Court of Queen's Bench of Manitoba on December 10, 2004. She replaced Mr. Justice Marc Monnin, who was appointed Chief Justice.... |
December 9, 2004 | General |
| Madam Justice Marianne Rivoalen Marianne Rivoalen Marianne Rivoalen was appointed a judge of the Family Division of the Court of Queen's Bench of Manitoba on February 2, 2005.She received a Bachelor of Laws from the University of Moncton Law School in 1988... |
February 2, 2005 | Family |
| Madam Justice Lori T. Spivak Lori Spivak Lori T. Spivak was appointed a judge of the Manitoba Court of Queen's Bench on May 20, 2005.Madam Justice Spivak received a Bachelor of Arts in 1978 and a Bachelor of Laws in 1981, both from the University of Manitoba. She was admitted to the Manitoba Bar in 1982.At the time of her appointment, she... |
May 19, 2005 | General |
| Madam Justice A. Catherine Everett A. Catherine Everett The Honourable A. Catherine Everett, formerly a judge of the Provincial Court of Manitoba, was appointed to the Family Division of the Court of Queen's Bench of Manitoba on November 23, 2006. She replaced Madam Justice S.J... |
November 22, 2006 | Family |
| Mr. Justice Michael A. Thomson | June 1, 2007 | Family |
| Mr. Justice Glenn D. Joyal Glenn Joyal The Honourable Mr. Justice Glenn D. Joyal was appointed as a judge of the Court of Queen's Bench of Manitoba on July 10, 2007. He replaced Mr. Justice A.L. Clearwater, who elected to become a supernumerary judge.... |
June 22, 2007 | General |
| Mr. Justice Douglas N. Abra Douglas Abra The Honourable Douglas N. Abra, Q.C was appointed a judge of the Court of Queen's Bench of Manitoba on July 10, 2007. He replaced Mr. Justice Alan D. MacInnes, upon his appointment to the Manitoba Court of Appeal.Mr. Justice Abra received a Bachelor of Arts in 1968 and a Bachelor of Laws in 1972... |
June 22, 2007 | General |
| Mr. Justice Brian Midwinter Brian Midwinter Brian Midwinter was appointed to the Provincial Court of Manitoba on October 20, 2006 and to the Court of Queen's Bench of Manitoba on June 19, 2008.Justice Midwinter graduated from the University of Manitoba law school in 1977... |
June 19, 2008 | General |
Under the federal Judges Act, 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.
The following justices have elected supernumerary status:
- Mr. Justice Carr (December 14, 2006)
- Mr. Justice Goodman (December 14, 2006)
- Mr. Justice Kennedy (December 21, 2004)
- Mr. Justice Clearwater (July 10, 2007)
- Mr. Justice NurgitzNathan NurgitzNathan Nurgitz is a Canadian lawyer, judge, and former Senator.Born in Winnipeg, Manitoba, he received a Bachelor of Arts degree in 1954 and a Bachelor of Law degree in 1958 from the University of Manitoba and has taken attended a Harvard course on mediation...
(June 22, 2004) - Madam Justice Guertin-RileySylvia Guertin-RileySylvia Guertin-Riley, Q.C., was appointed a judge of the Family Division of the Manitoba Court of Queen's Bench on July 27, 1995. Unlike most of her colleagues, she filled a newly created position, instead of replacing another judge....
(September 16, 2006)
Past Justices
- Gordon J. Barkman
- Alexander MorrisAlexander MorrisAlexander Morris, PC was a Canadian politician. He served in the cabinet of Prime Minister John A. Macdonald , and was the second Lieutenant Governor of Manitoba...
- James Charles McKeagneyJames Charles McKeagneyJames Charles McKeagney was a Canadian lawyer, politician, and judge.Born in County Tyrone, Ireland, he moved to Nova Scotia with his family in 1822. He was educated in Baddeck and at McQueen's Academy in Halifax. McKeagney was called to the Nova Scotia bar in 1838...
- Louis Betourney
- Edmund Burke WoodEdmund Burke WoodEdmund Burke Wood was a Member of the Legislative Assembly of Ontario for Brant South, and served as the first provincial treasurer of Ontario from 1867 to 1871 under Premier John Sandfield Macdonald...
- Joseph DubucJoseph DubucSir Joseph Dubuc , was a Canadian lawyer, politician, and judge who was born in Lower Canada and became an important political figure from Manitoba.-Early life:...
(Chief Justice of Manitoba from August 8, 1903 until 1909) - James Andrews Miller
- Lewis WallbridgeLewis WallbridgeLewis Wallbridge was a lawyer, judge and political figure in Canada West. In 1882, he was appointed Chief Justice of Manitoba....
- Thomas Wardlaw TaylorThomas Wardlaw TaylorSir Thomas Wardlaw Taylor was a Canadian lawyer and judge.Born in Auchtermuchty, Scotland, he studied at Edinburgh University, and was admitted to the Upper Canadian bar in 1858. From 1872 to 1883 he was Master of Chancery, and from 1883 to 1887 puisne judge of the Manitoba Court of Queen's Bench...
- Robert Smith
- Albert Clements KillamAlbert Clements KillamAlbert Clements Killam, QC was a Canadian lawyer, politician, judge, railway commissioner, and Puisne judge of the Supreme Court of Canada...
- John Farquhar Bain
- Albert Elswood Richards
- William Edgerton Perdue
- Thomas Graham Mathers
- Daniel Alexander Macdonald
- John Donald Cameron
- Thomas Llewellyn Metcalfe
- James Emile Pierre Prendergast
- Hugh Amos RobsonHugh RobsonHugh Amos Robson was a politician and judge in Manitoba. He briefly served as leader of the Manitoba Liberal Party in the 1920s.-Career:...
- Alexander Casmir Galt
- John Philpot Curran
- Andrew Knox Dysart
- John Evans Adamson
- James Frederick Kilgour
- William James Donovan
- Percival John Montague
- Fawcett Gowler TaylorFawcett G. TaylorFawcett Gowler Taylor was a Manitoba politician, and was the leader of that province's Conservative Party from 1922 to 1933....
- Ewan Alexander McPhersonEwan McPhersonEwan Alexander McPherson was a politician in Manitoba, Canada. He served in the Canadian House of Commons from 1926 to 1930...
- William James MajorWilliam James MajorWilliam James Major was a politician in Manitoba, Canada. He served in the Legislative Assembly of Manitoba from 1927 to 1941, and was a prominent cabinet minister in the government of John Bracken....
- Esten Kenneth Williams
- Arnold Munroe Campbell
- Joseph Thomas Beaubien
- John Joseph Kelly
- Robert George Brian DicksonBrian DicksonRobert George Brian Dickson, , commonly known as Brian Dickson, was appointed Chief Justice of Canada on April 18, 1984. He retired on June 30, 1990 and died October 17, 1998.-Career:...
- John Alton DuncanJohn Alton DuncanJohn Alton Duncan was a Manitoba lawyer and judge.-Biography:He received his call to the Bar on October 1, 1958. He began his legal career practising law in Morden with the firm of Duncan and Duncan, and then later with Duncan Hanssen & Hoeschen. In December 1978, Mr. Duncan was appointed...
- Richard J. Scott (currently serving as Chief JusticeChief JusticeThe Chief Justice in many countries is the name for the presiding member of a Supreme Court in Commonwealth or other countries with an Anglo-Saxon justice system based on English common law, such as the Supreme Court of Canada, the Constitutional Court of South Africa, the Court of Final Appeal of...
of the Manitoba Court of AppealManitoba Court of AppealThe Manitoba Court of Appeal is the highest Court of Appeal in the Canadian province of Manitoba. It was established in 1906. It is located in the Old Law Courts building at 408 York Avenue in Winnipeg, the capital city of Manitoba...
) - Michel A. MonninMichel MonninMichel A. Monnin was appointed a judge of the Manitoba Court of Appeal on July 27, 1995. His appointment became effective on August 3, 1995. He replaced Mr. Justice Alan R. Philp, who chose to become a supernumerary judge....
(currently serving as a judge on the Manitoba Court of AppealManitoba Court of AppealThe Manitoba Court of Appeal is the highest Court of Appeal in the Canadian province of Manitoba. It was established in 1906. It is located in the Old Law Courts building at 408 York Avenue in Winnipeg, the capital city of Manitoba...
) - Freda M. SteelFreda SteelFreda M. Steel was appointed to the Manitoba Court of Queen's Bench on October 5, 1995. She replaced Mr. Justice Michel Monnin, upon his appointment to the Manitoba Court of Appeal. On February 29, 2000, she was appointed to the Manitoba Court of Appeal. She replaced Mr. Justice Sterling R...
(currently serving as a judge on the Manitoba Court of AppealManitoba Court of AppealThe Manitoba Court of Appeal is the highest Court of Appeal in the Canadian province of Manitoba. It was established in 1906. It is located in the Old Law Courts building at 408 York Avenue in Winnipeg, the capital city of Manitoba...
) - Barbara M. Hamilton (currently serving as a judge on the Manitoba Court of AppealManitoba Court of AppealThe Manitoba Court of Appeal is the highest Court of Appeal in the Canadian province of Manitoba. It was established in 1906. It is located in the Old Law Courts building at 408 York Avenue in Winnipeg, the capital city of Manitoba...
) - Alan D. MacInnesAlan MacInnesThe Honourable Mr. Justice Alan D. MacInnes, formerly a judge of the Court of Queen's Bench of Manitoba, was appointed to the Manitoba Court of Appeal on June 22, 2007. He replaced Mr. Justice Glenn D. Joyal, who was appointed a judge of the Court of Queen’s Bench.Mr...
(currently serving as a judge on the Manitoba Court of AppealManitoba Court of AppealThe Manitoba Court of Appeal is the highest Court of Appeal in the Canadian province of Manitoba. It was established in 1906. It is located in the Old Law Courts building at 408 York Avenue in Winnipeg, the capital city of Manitoba...
)
Further reading
- Dale Brawn, "The Court of Queen's Bench of Manitoba 1870-1950: A Biographical History" (Toronto: Osgoode Society for Canadian Legal History, 2006)
- Sharon Gail McCullough, "Manitoba Court of Queen's Bench in Equity, 1872-1895: A Study in Legal Administration and Records" (Winnipeg, University of Manitoba, 2000)
- Russell Smandych and Karina Sacca, "The Development of Criminal Law Courts in Pre-1870 Manitoba" (1996) 24 Man. L. J. 201