Manitoba Court of Appeal


Manitoba Court of Appeal

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.

Contents

Current Justices

Name Appointed Nominated By Position Prior to Appointment
Chief Justice Richard J. Scott July 31, 1990 Mulroney Court of Queen's Bench of Manitoba (June 28, 1985)
(Associate Chief Justice - October 4, 1985)
Mr. Justice Michel A. Monnin July 26, 1995 Chretien Court of Queen's Bench of Manitoba (March 23, 1984)
Madam Justice Freda M. Steel February 28, 2000 Chretien Court of Queen's Bench of Manitoba (October 3, 1995)
Madam Justice Barbara M. Hamilton July 16, 2002 Chretien Court of Queen's Bench of Manitoba (July 26, 1995)
Mr. Justice Martin H. Freedman July 16, 2002 Chretien Lawyer at Aikins MacAulay & Thorvaldson LLP
Mr. Justice Richard J. F. Chartier November 22, 2006 Harper Provincial Court of Manitoba (August 16, 1993)
Mr. Justice Alan D. MacInnes (Supernumerary) June 22, 2007 Harper Court of Queen's Bench of Manitoba (November 27, 1992)
Madam Justice Holly C. Beard September 9, 2009 Harper Court of Queen's Bench of Manitoba (November 27, 1992)
Mr. Justice Marc Monnin February 3, 2011 Harper Chief Justice of the Court of Queen's Bench 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 December 31, 1929
Stephen Elswood Richards March 11, 1932
Hjalmar August Bergman March 18, 1944
Ewan Alexander McPherson 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 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 March 10, 1960 Chief Justice of Manitoba from March 22, 1971 until 1983
Robert DuVal Guy March 1, 1961
Alfred Maurice Monnin January 3, 1962 Chief Justice of Manitoba from April 16, 1983 until 1990
Charles Rhodes Smith November 22, 1966 Chief Justice of Manitoba from June 13, 1967 until 1971
Robert George Brian Dickson June 13, 1967 Later elevated to the Supreme Court of Canada, eventually serving as Chief Justice of Canada
Gordon Clarke Hall May 14, 1971
Roy Joseph Matas August 15, 1973
Joseph Francis O'Sullivan July 24, 1975
Charles Richard Huband February 20, 1979
Alan Reed Philp May 5, 1983
Archibald Kerr Twaddle August 22, 1985
Sterling Rufus Lyon December 19, 1986
Bonnie M. Helper June 30, 1989
Guy Joseph Kroft February 1, 1993
Glenn D. Joyal March 2, 2007 Appointed to the Court of Queen's Bench of Manitoba on July 10, 2007

Trivia

Interestingly, the sons of two former Court of Appeal justices (Samuel Freedman 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.

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

External links


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