Manitoba Court of Appeal
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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.
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[edit] Current Justices
| Name | Appointed | Previous Judicial Appointments |
|---|---|---|
| Chief Justice Richard J. Scott | July 31, 1990 | Court of Queen's Bench of Manitoba (June 28, 1985) (Associate Chief Justice - October 4, 1985) |
| Mr. Justice Michel A. Monnin | July 26, 1995 | Court of Queen's Bench of Manitoba (March 23, 1984) |
| Madam Justice Freda M. Steel | February 28, 2000 | Court of Queen's Bench of Manitoba (October 3, 1995) |
| Madam Justice Barbara M. Hamilton | July 16, 2002 | Court of Queen's Bench of Manitoba (July 26, 1995) |
| Mr. Justice Martin H. Freedman | July 16, 2002 | |
| Mr. Justice Richard J. F. Chartier | November 22, 2006 | Provincial Court of Manitoba (August 16, 1993) |
| Mr. Justice Alan D. MacInnes | June 22, 2007 | Court of Queen's Bench of Manitoba (November 27, 1992) |
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.
[edit] 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 |
[edit] 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.
[edit] 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
[edit] External links
- Official webpage
- Public database of the court's decisions
- Publicly accessible court registry system
- Court of Appeal Rules
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