Manitoba Court of Appeal

Last updated
Manitoba Court of Appeal
Cour d'appel du Manitoba
Established1906
Jurisdiction Manitoba
LocationLaw Courts Building, 408 York Ave, Winnipeg, Manitoba R3C 0P9
Coordinates 49°53′16″N97°08′49″W / 49.887853°N 97.146821°W / 49.887853; -97.146821 Coordinates: 49°53′16″N97°08′49″W / 49.887853°N 97.146821°W / 49.887853; -97.146821
Authorized by
Appeals from
Website manitobacourts.mb.ca/court-of-appeal/
Chief Justice of Manitoba
Currently Richard J. F. Chartier

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]

Contents

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

Pursuant 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

Current justices, as of April 2021 [1]
JudgePositionAppointment to CourtNominated byPrevious appointment
Richard J. F. Chartier Chief Justice of Manitoba
  • November 22, 2006
  • March 7, 2013 (Chief Justice of Manitoba)
Harper Judge of the Provincial Court (August 16, 1993)
Freda M. Steel Supernumerary judge
  • February 28, 2000
  • May 1, 2014 (supernumerary)
Chrétien Judge of the Court of King's Bench (October 3, 1995)
Holly C. Beard Supernumerary judge
  • September 9, 2009
  • January 1, 2019 (supernumerary)
Harper Judge of the Court of King's Bench (November 27, 1992)
Marc M. Monnin Supernumerary judge
  • February 3, 2011
  • September 1, 2016 (supernumerary)
Harper
  • Judge of the Court of King's Bench (August 27, 1997)
  • Chief Justice of the Court of King's Bench (March 26, 2003)
Diana M. CameronJudgeNovember 2, 2012 Harper Judge of the Court of King’s Bench (February 3, 2011)
William J. BurnettJudgeMarch 7, 2013 Harper
  • Judge of the Court of King’s Bench (September 9, 2009)
  • Associate Chief Justice of the Court of King’s Bench (General Division) (February 3, 2011)
Christopher J. Mainella [7] JudgeOctober 1, 2013 Harper Judge of the Court of King’s Bench (October 4, 2012)
Jennifer A. PfuetznerJudgeJune 19, 2015 Harper Judge of the Court of King's Bench (October 9, 2014)
Janice leMaistre JudgeJune 19, 2015 Harper
  • Judge of the Provincial Court (November 22, 2006)
  • Associate Chief Judge of the Provincial Court (September 9, 2009)
Karen Simonsen JudgeAugust 31, 2018 Trudeau, Jr. Judge of the Court of King's Bench (December 9, 2004)
Lori Spivak JudgeMarch 26, 2019 Trudeau, Jr. Judge of the Court of King's Bench (May 19, 2005)

Past justices

NameDate of appointmentNominated byAdditional information
Hector Mansfield HowellJuly 23, 1906Initially 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 PerdueJuly 23, 1906Chief Justice of Manitoba from 25 May 1918 until 30 December 1929
Frank Hedley PhippenJuly 23, 1906
Albert Elswood RichardsJuly 23, 1906
John Donald Cameron April 27, 1909
Alexander HaggartApril 3, 1912
Charles Perry FullertonJuly 20, 1917
Robert Maxwell DennistounJuly 2, 1918 Borden
Thomas Llewellyn MetcalfeOctober 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 RichardsMarch 11, 1932 Bennett
Hjalmar August BergmanMarch 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 CoyneDecember 10, 1946 Mackenzie King
Andrew Knox DysartSeptember 11, 1947 Mackenzie King
John Evans AdamsonJanuary 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 BeaubienAugust 27, 1952 St. Laurent
Ivan Schultz January 13, 1955 St. Laurent
George Eric TritschlerApril 18, 1957 St. Laurent
Calvert Charlton MillerOctober 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 GuyMarch 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 HallMay 14, 1971 Trudeau, Sr.
Roy Joseph MatasAugust 15, 1973 Trudeau, Sr.
Joseph Francis O'SullivanJuly 24, 1975 Trudeau, Sr.
Charles Richard Huband February 20, 1979 Trudeau, Sr.
Alan Reed PhilpMay 5, 1983 Trudeau, Sr.
Archibald Kerr TwaddleAugust 22, 1985 Mulroney
Sterling Rufus Lyon December 19, 1986 Mulroney
Bonnie M. HelperJune 30, 1989 Mulroney
Guy Joseph KroftFebruary 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

Chief Justice of Manitoba
Incumbent
Richard J. F. Chartier

since March 7, 2013;9 years ago (March 7, 2013)
Style Honourable Mr. Chief Justice
Member ofManitoba Court of Appeal
Nominator Governor General of Canada (Prime Minister of Canada)
Formation1906

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] TermNotes
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 1887–1899Knighted in 1897 Diamond Jubilee Honours
Albert Clements Killam 1899–1903to Supreme Court of Canada, 1903
Joseph Dubuc 1903–1909Position 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 1966–1967Acting 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–present

Further reading

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  1. The King in Right of Manitoba
  2. Lieutenant Governor of Manitoba
  3. President of the Executive Council, otherwise known as the Premier of Manitoba
  4. Chief Justice of Manitoba
  5. Former Lieutenant Governors of Manitoba in order of seniority of taking office
    1. Pearl McGonigal, (1981–1986)
    2. Yvon Dumont, (1993–1999)
    3. John Harvard, (2004–2009)
    4. Philip S. Lee, (2009–2015)
  6. Former Presidents of the Executive Council of Manitoba in order of seniority in taking office
    1. Edward Schreyer, (1969–1977)
    2. Howard Pawley, (1981–1988)
    3. Gary Filmon, (1988–1999)
    4. Gary Doer, (1999–2009)
  7. Members of the King's Privy Council for Canada residing in Manitoba by order of seniority of taking the Oath of Office
    1. Otto Lang, (1968)
    2. Jake Epp, (1979)
    3. Lloyd Axworthy, (1980)
    4. Jack Murta, (1984)
    5. Charles Mayer, (1984)
    6. Jon Gerrard, (1993)
    7. Rey Pagtakhan, (2001)
    8. Gary Filmon, (2001)
    9. Bill Blaikie, (2004)
    10. Raymond Simard, (2004)
    11. Vic Toews, (2006)
    12. Steven Fletcher, (2008)
    13. Shelly Glover, (2013)
    14. Candice Bergen, (2013)
  8. Members of the Executive Council of Manitoba in relative order of seniority of appointment
    1. Steve Ashton, (1999)
    2. Dave Chomiak, (1999)
    3. Gord Mackintosh, (1999)
    4. Eric Robinson, (1999)
    5. Ron Lemieux, (1999)
    6. Stan Struthers, (1999)
    7. Peter Bjornson, (2003)
    8. Theresa Oswald, (2004)
    9. Kerri Irvin-Ross, (2006)
    10. Andrew Swan, (2008)
    11. Jennifer Howard, (2009)
    12. Flor Marcelino, (2009)
    13. Erin Selby, (2011)
    14. Kevin Chief, (2012)
    15. Ron Kostyshyn, (2012)
    16. Sharon Blady, (2013)
    17. Erna Braun, (2013)
    18. James Allum, (2013)
  9. Chief Justice of the Court of King's Bench of Manitoba
  10. Speaker of the Legislative Assembly of Manitoba
  11. Puisne Judges of the Court of Appeal and of the Court of King's Bench in relative order of seniority of appointment
    1. Robert Carr
    2. Michel Monnin (1984)
    3. Kenneth R. Hanssen
    4. Kris Stefanson
    5. Rodney Mykle
    6. Gerry Mercier,
    7. Robyn Diamond
    8. Jeffrey Oliphant
    9. Albert Clearwater
    10. Alan MacInnes
    11. Holly C. Beard (1992)
    12. Perry Schulman,
    13. Barbara Hamilton, (1995)
    14. Freda Steel (1995)
    15. Brenda Keyser (1995)
    16. John A. Menzies (1996)
    17. Marc M. Monnin (1997)
    18. Deborah McCawley, (1997)
    19. Donald Little, (1998)
    20. Morris Kaufman
    21. Laurie Allen, (1998)
    22. Douglas Yard, (1998)
    23. Donald Bryk, (1999)
    24. Frank Aquila (2000)
    25. Robert B. Doyle (2000)
    26. Murray Sinclair (2001)
    27. Joan McKelvey (2001)
    28. Martin Freedman, (2002)
    29. Colleen Suche, (2002)
    30. Marilyn Goldberg, (2002)
    31. Shawn Greenberg (2003)
    32. Karen Simonsen (2004)
    33. Marianne Rivoalen (2005)
    34. Lori Spivak (2005)
    35. Lori Douglas (2005)
    36. Richard J. F. Chartier (2006)
    37. A. Catherine Everett (2006)
    38. Michael Thomson (2007)
    39. Douglas Abra, (2007)
    40. Brian Midwinter, (2008)
    41. Robert G. Cummings (2008)
    42. Joan MacPhail, (2009)
    43. Chris W. Martin (2009)
    44. William Johnston (2009)
    45. William J. Burnett, (2009)
    46. Robert A. Dewar, (2009)
    47. Rick Saull (2010)
    48. Gerald L. Chartier (2010)
    49. Diana M. Cameron (2011)
    50. Shane Perlmutter (2011)
    51. Herbert Rempel (2011)
  12. Leader of the Opposition in the Legislative Assembly
  13. Archbishop of St. Boniface
  14. Bishop of Rupert's Land
  15. Archbishop of Winnipeg
  16. Metropolitan of the Ukrainian Orthodox Church
  17. Metropolitan of the Ukrainian Catholic Church
  18. Chairman of the Manitoba Conference of the United Church of Canada
  19. Chairman of the Manitoba Conference of the Presbyterian Church in Canada
  20. Chairman or other representative persons of the following denominations as indicated below and whose person will be signified to the Clerk of the Executive Council from time to time:
    1. Lutheran Church
    2. Jewish Rabbi
    3. The Mennonite faith
    4. The Baptist Church
    5. The Salvation Army
    6. The Pastors Evangelical Fellowship
  21. Members of the House of Commons residing in Manitoba by order of seniority in taking office
    1. Pat Martin, (1997)
    2. James Bezan, (2004)
    3. Joy Smith, (2004)
    4. Rod Bruinooge, (2006)
    5. Niki Ashton, (2008)
    6. Kevin Lamoureux, (2010)
    7. Robert Sopuck, (2010)
    8. Joyce Bateman, (2011)
    9. Lawrence Toet, (2011)
    10. Ted Falk, (2013)
    11. Larry Maguire, (2013)
  22. Members of the Legislative Assembly
    1. Bonnie Mitchelson,
    2. Gregory Dewar,
    3. Myrna Driedger,
    4. Nancy Allan,
    5. Drew Caldwell,
    6. Jon Gerrard,
    7. Tom Nevakshonoff,
    8. Jim Rondeau,
    9. Heather Stefanson,
    10. Ron Schuler,
    11. Rob Altemeyer,
    12. Ralph Eichler,
    13. Kelvin Goertzen,
    14. Bidhu Jha,
    15. Christine Melnick,
    16. Leanne Rowat,
    17. Cliff Cullen,
    18. Sharon Blady,
    19. Erna Braun,
    20. Stu Briese,
    21. Cliff Graydon,
    22. Blaine Pedersen,
    23. Mohinder Saran,
    24. Matt Wiebe,
    25. Deanne Crothers,
    26. Wayne Ewasko,
    27. Cameron Friesen,
    28. Dave Gaudreau,
    29. Reg Helwer,
    30. Jim Maloway,
    31. Ted Marcelino,
    32. Clarence Pettersen,
    33. Dennis Smook,
    34. Melanie Wight,
    35. Ian Wishart,
    36. Shannon Martin,
  23. County Court Judges in relative order of seniority of appointment
  24. Magistrates in relative order of seniority of appointment
  25. Members of the local consular corps in relative order of seniority of appointment
  26. Mayors, Reeves and local government administrators in relative order of date of taking office

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Richard Jamieson Scott, also known as Dick Scott, is a Canadian jurist who served as Chief Justice of Manitoba. In that capacity, he presided over the Manitoba Court of Appeal from 1990 to 2013. Among his most notable decisions are those in the cases Rebenchuk v Rebenchuk (2007), Manitoba Métis Federation Inc v Canada et al. (2010), O’Brien v Tyrone Enterprises Ltd (2012), and, while he was on the Court of Queen's Bench of Manitoba, R v Lavallee.

References

  1. 1 2 3 4 5 "About the Court of Appeal - Manitoba Courts". www.manitobacourts.mb.ca. Retrieved 2021-07-25.
  2. 1 2 3 "Federal Judicial Appointments - Number of Federally Appointed Judges in Canada". www.fja.gc.ca.
  3. "Frequently Asked Questions - Manitoba Courts". www.manitobacourts.mb.ca. Retrieved 2021-07-25.
  4. Court of Appeal Rules
  5. The Court of Appeal Act
  6. Judges Act
  7. "Manitoba Judicial Appointments Announced".
  8. 1 2 "MANITOBA JUDICIAL APPOINTMENTS ANNOUNCED". Archived from the original on 2003-11-11. Retrieved 2020-03-24.
  9. 1 2 "Memorable Manitobans: Judges of Manitoba". www.mhs.mb.ca. Retrieved 2021-07-26.