Manitoba Court of Appeal
Encyclopedia
The 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
. It hears criminal, civil and family law cases, as well as appeals from various administrative boards and tribunals.
Pursuant to The Court of Appeal Act, the court consists of a Chief Justice
and six other judges. 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.
Most cases are heard by a panel of three justices. 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.
As a "Superior Court" under section 96 of the 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 Queen's Bench
.
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. None of the current members of the Manitoba Court of Appeal have elected supernumerary status.
and Alfred Monnin
) currently serve as judges on the court (Martin Freedman and Michel Monnin). Mr. Justice Michel Monnin's brother is the Chief Justice
of the Manitoba Court of Queen's Bench
.
The first female appointed to the Court was Bonnie M. Helper, on June 30, 1989.
Court of Appeals
A court of appeals is an appellate court generally.Court of Appeals may refer to:*Military Court of Appeals *Corte d'Assise d'Appello *Philippine Court of Appeals*High Court of Appeals of Turkey*United States courts of appeals...
in the Canadian
Canada
Canada is a North American country consisting of ten provinces and three territories. Located in the northern part of the continent, it extends from the Atlantic Ocean in the east to the Pacific Ocean in the west, and northward into the Arctic Ocean...
province
Provinces and territories of Canada
The provinces and territories of Canada combine to make up the world's second-largest country by area. There are ten provinces and three territories...
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...
. It was established in 1906. It is located in the Old Law Courts building at 408 York Avenue in Winnipeg
Winnipeg
Winnipeg is the capital and largest city of Manitoba, Canada, and is the primary municipality of the Winnipeg Capital Region, with more than half of Manitoba's population. It is located near the longitudinal centre of North America, at the confluence of the Red and Assiniboine Rivers .The name...
, the capital city 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...
. It hears criminal, civil and family law cases, as well as appeals from various administrative boards and tribunals.
Pursuant to The Court of Appeal Act, the court consists of a 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...
and six other judges. The 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...
is responsible for the judicial functions of the court, including direction over sittings of the court and the assignment of judicial duties.
Most cases are heard by a panel of three justices. 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.
As a "Superior Court" under section 96 of the Constitution Act, 1867
Constitution Act, 1867
The Constitution Act, 1867 , is a major part of Canada's Constitution. The Act created a federal dominion and defines much of the operation of the Government of Canada, including its federal structure, the House of Commons, the Senate, the justice system, and the taxation system...
, Court of Appeal judges are appointed by the Governor-General of Canada (in practical terms, the Prime Minister of Canada
Prime Minister of Canada
The Prime Minister of Canada is the primary minister of the Crown, chairman of the Cabinet, and thus head of government for Canada, charged with advising the Canadian monarch or viceroy on the exercise of the executive powers vested in them by the constitution...
). 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 Queen's Bench
Court of Queen's Bench of Manitoba
The Court of Queen's Bench of Manitoba is the superior court of the Canadian province of Manitoba...
.
Current Justices
| Name | Appointed | Nominated By | Position Prior to Appointment |
|---|---|---|---|
| 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... Richard J. Scott |
July 31, 1990 | Mulroney | Court of Queen's Bench of Manitoba Court of Queen's Bench of Manitoba The Court of Queen's Bench of Manitoba is the superior court of the Canadian province of Manitoba... (June 28, 1985) (Associate Chief Justice - October 4, 1985) |
| Mr. Justice Michel A. Monnin Michel Monnin Michel 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.... |
July 26, 1995 | Chretien | Court of Queen's Bench of Manitoba Court of Queen's Bench of Manitoba The Court of Queen's Bench of Manitoba is the superior court of the Canadian province of Manitoba... (March 23, 1984) |
| Madam Justice Freda M. Steel Freda Steel Freda 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... |
February 28, 2000 | Chretien | Court of Queen's Bench of Manitoba Court of Queen's Bench of Manitoba The Court of Queen's Bench of Manitoba is the superior court of the Canadian province of Manitoba... (October 3, 1995) |
| Madam Justice Barbara M. Hamilton | July 16, 2002 | Chretien | Court of Queen's Bench of Manitoba Court of Queen's Bench of Manitoba The Court of Queen's Bench of Manitoba is the superior court of the Canadian province of Manitoba... (July 26, 1995) |
| Mr. Justice Martin H. Freedman Martin Freedman Martin H. Freedman, Q.C., was appointed a judge of the Manitoba Court of Appeal on July 16, 2002. He replaced Madam Justice Bonnie M. Helper, who resigned.... |
July 16, 2002 | Chretien | Lawyer at Aikins MacAulay & Thorvaldson LLP |
| Mr. Justice Richard J. F. Chartier Richard J. F. Chartier The Honourable Richard J. F. Chartier, formerly a judge of the Provincial Court of Manitoba, was appointed a judge of the Manitoba Court of Appeal on November 23, 2006. He replaced Mr. Justice A. Kerr Twaddle, who elected to become a supernumerary judge.Mr... |
November 22, 2006 | Harper | Provincial Court of Manitoba Provincial Court of Manitoba The Provincial Court of Manitoba hears cases relating to criminal law and family law and other statutes.- Current Judges:- Former Judges:-External links:*... (August 16, 1993) |
| Mr. Justice Alan D. MacInnes Alan MacInnes The 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... (Supernumerary) |
June 22, 2007 | Harper | Court of Queen's Bench of Manitoba Court of Queen's Bench of Manitoba The Court of Queen's Bench of Manitoba is the superior court of the Canadian province of Manitoba... (November 27, 1992) |
| Madam Justice Holly C. Beard | September 9, 2009 | Harper | Court of Queen's Bench of Manitoba Court of Queen's Bench of Manitoba The Court of Queen's Bench of Manitoba is the superior court of the Canadian province of Manitoba... (November 27, 1992) |
| Mr. Justice Marc Monnin | February 3, 2011 | Harper | Chief Justice of the Court of Queen's Bench of Manitoba Court of Queen's Bench of Manitoba The Court of Queen's Bench of Manitoba is the superior court of the Canadian province of Manitoba... (March 26, 2003) |
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. None of the current members of the Manitoba Court of Appeal have elected supernumerary status.
Past Justices
| Name | Date of Appointment | Additional Information |
|---|---|---|
| Hector Mansfield Howell | July 23, 1906 | He was initially appointed as "Chief Justice Appeal". His title was changed to Chief Justice of Manitoba on November 15, 1909; he served in that position until April 7, 1918 |
| William Egerton Perdue | July 23, 1906 | Chief Justice of Manitoba from May 25, 1918 until December 30, 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 | |
| Thomas Llewellyn Metcalfe | October 3, 1921 | |
| James Emile Pierre Prendergast | May 1, 1922 | Chief Justice of Manitoba from December 30, 1929 until March 18, 1944 |
| Walter Harley Trueman | April 14, 1923 | |
| Hugh Amos Robson Hugh Robson Hugh Amos Robson was a politician and judge in Manitoba. He briefly served as leader of the Manitoba Liberal Party in the 1920s.-Career:... |
December 31, 1929 | |
| Stephen Elswood Richards | March 11, 1932 | |
| Hjalmar August Bergman | March 18, 1944 | |
| Ewan Alexander McPherson Ewan McPherson Ewan Alexander McPherson was a politician in Manitoba, Canada. He served in the Canadian House of Commons from 1926 to 1930... |
March 15, 1944 | Chief Justice of Manitoba from March 18, 1944 until November 18, 1954 |
| James Bowes Coyne | December 10, 1946 | |
| Andrew Knox Dysart | September 11, 1947 | |
| John Evans Adamson | January 30, 1948 | Chief Justice of Manitoba from January 1955 until March 1, 1961 |
| Percival John Montague | February 1, 1951 | |
| Joseph Thomas Beaubien | August 27, 1952 | |
| Ivan Schultz Ivan Schultz Ivan Schultz was a politician in Manitoba, Canada. He served in the Legislative Assembly of Manitoba as a Liberal-Progressive from 1930 to 1955, and was a prominent cabinet minister in the governments of John Bracken, Stuart Garson and Douglas Campbell.Schultz was educated at Wesley College and... |
January 13, 1955 | |
| George Eric Tritschler | April 18, 1957 | |
| Calvert Charlton Miller | October 21, 1959 | Appointed Chief Justice of Manitoba on March 1, 1961 |
| Samuel Freedman Samuel Freedman Samuel Freedman, OC, QC , was a lawyer, judge, and Chief Justice of the Province of Manitoba .-Early life:Born on April 16, 1908, to Nathan and Ada Freedman in Zhytomyr, Russian Empire , Freedman moved to Winnipeg, Manitoba, Canada when he was three years old... |
March 10, 1960 | Chief Justice of Manitoba from March 22, 1971 until 1983 |
| Robert DuVal Guy | March 1, 1961 | |
| Alfred Maurice Monnin Alfred Monnin Alfred Maurice Monnin, OC, OM, QC is a retired judge in Manitoba, Canada.He was appointed to the Manitoba Court of Queen's Bench in 1957 and to the Manitoba Court of Appeal in 1962. In 1983 he was appointed Chief Justice of Manitoba... |
January 3, 1962 | Chief Justice of Manitoba from April 16, 1983 until 1990 |
| Charles Rhodes Smith Charles Rhodes Smith Charles Rhodes Smith was a politician in Manitoba, Canada. He served in the Legislative Assembly of Manitoba from 1941 to 1952 as a Liberal-Progressive, and was a cabinet minister in the governments of Stuart Garson and Douglas Campbell.-Education and early career:Born in Portage la Prairie,... |
November 22, 1966 | Chief Justice of Manitoba from June 13, 1967 until 1971 |
| Robert George Brian Dickson Brian Dickson Robert 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:... |
June 13, 1967 | Later elevated to the Supreme Court of Canada Supreme Court of Canada The Supreme Court of Canada is the highest court of Canada and is the final court of appeals in the Canadian justice system. The court grants permission to between 40 and 75 litigants each year to appeal decisions rendered by provincial, territorial and federal appellate courts, and its decisions... , eventually serving as Chief Justice of Canada Chief Justice of Canada The Chief Justice of Canada, like the eight puisne Justices of the Supreme Court of Canada, is appointed by the Governor-in-Council . All nine are chosen from either sitting judges or barristers who have at least ten years' standing at the bar of a province or territory... |
| Gordon Clarke Hall | May 14, 1971 | |
| Roy Joseph Matas | August 15, 1973 | |
| Joseph Francis O'Sullivan | July 24, 1975 | |
| Charles Richard Huband Charles Huband Charles Huband was a Manitoba politician, who subsequently became a judge. He was the leader of the Manitoba Liberal Party between 1975 and 1978.... |
February 20, 1979 | |
| Alan Reed Philp | May 5, 1983 | |
| Archibald Kerr Twaddle | August 22, 1985 | |
| Sterling Rufus Lyon Sterling Lyon Sterling Rufus Lyon, PC, OC was a lawyer, cabinet minister, and the 17th Premier of Manitoba, Canada from 1977 to 1981. His government introduced several fiscally-conservative measures, and was sometimes seen as a local version of the government of Margaret Thatcher in the United Kingdom... |
December 19, 1986 | |
| Bonnie M. Helper | June 30, 1989 | |
| Guy Joseph Kroft | February 1, 1993 | |
| 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.... |
March 2, 2007 | Appointed to the Court of Queen's Bench of Manitoba Court of Queen's Bench of Manitoba The Court of Queen's Bench of Manitoba is the superior court of the Canadian province of Manitoba... on July 10, 2007 |
Trivia
Interestingly, the sons of two former Court of Appeal justices (Samuel FreedmanSamuel Freedman
Samuel Freedman, OC, QC , was a lawyer, judge, and Chief Justice of the Province of Manitoba .-Early life:Born on April 16, 1908, to Nathan and Ada Freedman in Zhytomyr, Russian Empire , Freedman moved to Winnipeg, Manitoba, Canada when he was three years old...
and Alfred Monnin
Alfred Monnin
Alfred Maurice Monnin, OC, OM, QC is a retired judge in Manitoba, Canada.He was appointed to the Manitoba Court of Queen's Bench in 1957 and to the Manitoba Court of Appeal in 1962. In 1983 he was appointed Chief Justice of Manitoba...
) currently serve as judges on the court (Martin Freedman and Michel Monnin). Mr. Justice Michel Monnin's brother is the 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...
of the Manitoba Court of Queen's Bench
Court of Queen's Bench of Manitoba
The Court of Queen's Bench of Manitoba is the superior court of the Canadian province of Manitoba...
.
The first female appointed to the Court was Bonnie M. Helper, on June 30, 1989.
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)
- 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
- Professor Frederick Read, "Early History of the Manitoba Courts", Manitoba Bar News (1937) Vol. 10, Nos. 1 & 2