Manitoba Court of Appeal

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The Manitoba Court of Appeal (French: Cour d'appel du Manitoba) 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.

The Court of Appeal consists of 8 judicial seats including the position of Chief Justice.[1] At any given time there may be one or more additional justices who sit as supernumerary justices.[2]

Pursuant to The Court of Appeal Act, the court consists of a Chief Justice and seven 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.

Current Justices[edit]

Name Appointed Nominated By Position Prior to Appointment
Chief Justice Richard J. F. Chartier March 8, 2013
November 22, 2006
Harper Justice of the Manitoba Court of Appeal
Provincial Court of Manitoba (August 16, 1993)
Madam Justice Holly C. Beard September 9, 2009 Harper Court of Queen's Bench of Manitoba (November 27, 1992)
Madam Justice Diana Cameron November 2, 2012 Harper Court of Queen's Bench of Manitoba (February 4, 2011)
Mr. Justice William Burnett March 8, 2013 Harper Associate Chief Justice of the Court of Queen's Bench of Manitoba (February 4, 2011)
Mr. Justice Christopher J. Mainella[3] July 1, 2013 Harper Court of Queen's Bench of Manitoba (October 5, 2012 to 2013)
PPSC (1995 to 2012)
Madam Justice Jennifer Ann Pfuetzner June 26, 2015 Harper Court of Queen's Bench of Manitoba (October 10, 2014)
Madam Justice Janice leMaistre June 26, 2015 Harper Provincial Court of Manitoba (November 23, 2006)
Madam Justice Karen Simonsen August 31, 2018 Trudeau Court of Queen's Bench of Manitoba (December 2004)

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.

Supernumerary

Name Appointed Nominated By Position Prior to Appointment
Mr. Justice Michel A. Monnin (Supernumerary)[4] July 26, 1995 Chretien Court of Queen's Bench of Manitoba (March 23, 1984)
Madam Justice Freda M. Steel (Supernumerary)[5] February 28, 2000 Chretien Court of Queen's Bench of Manitoba (October 3, 1995)
Madam Justice Barbara M. Hamilton (Supernumerary)[6] July 16, 2002 Chretien Court of Queen's Bench of Manitoba (July 26, 1995)
Mr. Justice Marc Monnin (Supernumerary) February 3, 2011 Harper Chief Justice of the Court of Queen's Bench of Manitoba (March 26, 2003)

Past Justices[edit]

Name Date of Appointment Nominated By 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 Robert Borden
Thomas Llewellyn Metcalfe October 3, 1921 William Lyon Mackenzie King
James Emile Pierre Prendergast May 1, 1922 William Lyon Mackenzie King Chief Justice of Manitoba from December 30, 1929 until March 18, 1944
Walter Harley Trueman April 14, 1923 William Lyon Mackenzie King
Hugh Amos Robson December 31, 1929 William Lyon Mackenzie King
Stephen Elswood Richards March 11, 1932 R. B. Bennett
Hjalmar August Bergman March 18, 1944 William Lyon Mackenzie King
Ewan Alexander McPherson March 15, 1944 William Lyon Mackenzie King Chief Justice of Manitoba from March 18, 1944 until November 18, 1954
James Bowes Coyne December 10, 1946 William Lyon Mackenzie King
Andrew Knox Dysart September 11, 1947 William Lyon Mackenzie King
John Evans Adamson January 30, 1948 William Lyon Mackenzie King Chief Justice of Manitoba from January 1955 until March 1, 1961
Percival John Montague February 1, 1951 Louis St. Laurent
Joseph Thomas Beaubien August 27, 1952 Louis St. Laurent
Ivan Schultz January 13, 1955 Louis St. Laurent
George Eric Tritschler April 18, 1957 Louis St. Laurent
Calvert Charlton Miller October 21, 1959 John Diefenbaker Appointed Chief Justice of Manitoba on March 1, 1961
Samuel Freedman March 10, 1960 John Diefenbaker Chief Justice of Manitoba from March 22, 1971 until 1983
Robert DuVal Guy March 1, 1961 John Diefenbaker
Alfred Maurice Monnin January 3, 1962 John Diefenbaker Chief Justice of Manitoba from April 16, 1983 until 1990
Charles Rhodes Smith November 22, 1966 Lester B Pearson Chief Justice of Manitoba from June 13, 1967 until 1971
Robert George Brian Dickson June 13, 1967 Lester B Pearson Later elevated to the Supreme Court of Canada, eventually serving as Chief Justice of Canada
Gordon Clarke Hall May 14, 1971 Pierre Trudeau
Roy Joseph Matas August 15, 1973 Pierre Trudeau
Joseph Francis O'Sullivan July 24, 1975 Pierre Trudeau
Charles Richard Huband February 20, 1979 Pierre Trudeau
Alan Reed Philp May 5, 1983 Pierre Trudeau
Archibald Kerr Twaddle August 22, 1985 Brian Mulroney
Sterling Rufus Lyon December 19, 1986 Brian Mulroney
Bonnie M. Helper June 30, 1989 Brian Mulroney
Guy Joseph Kroft February 1, 1993 Brian Mulroney
Glenn D. Joyal March 2, 2007 Stephen Harper Appointed to the Court of Queen's Bench of Manitoba on July 10, 2007

Chief Justices of Manitoba[edit]

Court of King's Bench (to 1906)
Name Term Notes
Alexander Morris July 1872–Dec 1872
Edmund Burke Wood 1874–1882
Lewis Wallbridge 1882–1887
Sir 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 Court of Appeal from 1906
Court of Appeal (from 1906)
Name Term Notes
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–present

Trivia[edit]

The sons of two former Court of Appeal justices (Samuel Freedman and Alfred Monnin) currently serve as judges on the court (Martin Freedman, Michel Monnin and Marc Monnin).

The first female appointed to the Court was Bonnie M. Helper, on June 30, 1989.

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]

External links[edit]