Manitoba Court of Appeal

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]

Manitoba Court of Appeal
Cour d'appel du Manitoba
49.887853°N 97.146821°W / 49.887853; -97.146821
Established1906
JurisdictionManitoba
LocationLaw Courts Building, 408 York Ave, Winnipeg, Manitoba R3C 0P9
Coordinates49.887853°N 97.146821°W / 49.887853; -97.146821
Authorized by
Appeals from
Websitemanitobacourts.mb.ca/court-of-appeal/
Chief Justice of Manitoba
CurrentlyRichard J. F. Chartier

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]

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.

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. 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 September 2023[1]
Judge Position Appointment to Court Nominated by Previous appointment
Marianne Rivoalen Chief Justice June 1, 2023 Trudeau Justice, Federal Court of Appeal (2018-2023)
Diana M. Cameron Judge November 2, 2012 Harper Judge of the Court of King’s Bench (February 3, 2011)
Christopher J. Mainella[7] Judge October 1, 2013 Harper Judge of the Court of King’s Bench (October 4, 2012)
Jennifer A. Pfuetzner Judge June 19, 2015 Harper Judge of the Court of King's Bench (October 9, 2014)
Janice leMaistre Judge June 19, 2015 Harper Judge of the Provincial Court (November 22, 2006)

Associate Chief Judge of the Provincial Court (September 9, 2009)

James Edmond Judge August 28, 2023 Trudeau Justice of the Manitoba Court of King's Bench (2013 to 2023)
David J. Kroft Judge August 28, 2023 Trudeau Justice of the Manitoba Court of King's Bench (2016 to 2023)
Anne Turner Judge August 28, 2023 Trudeau Justice of the Manitoba Court of King's Bench (2019 to 2023)
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)
Karen Simonsen Supernumerary Judge
  • August 31, 2018
  • October 8, 2022 (supernumerary)
 Trudeau Judge of the Court of King's Bench (December 9, 2004)
Lori Spivak Supernumerary Judge
  • March 26, 2019
  • September 1, 2022
 Trudeau Judge of the Court of King's Bench (May 19, 2005)

Past justices
Name Date of appointment Nominated by Additional information
Hector Mansfield Howell July 23, 1906 Initially 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 Perdue July 23, 1906 Chief Justice of Manitoba from 25 May 1918 until 30 December 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 Borden
Thomas Llewellyn Metcalfe October 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 Richards March 11, 1932 Bennett
Hjalmar August Bergman March 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 Coyne December 10, 1946 Mackenzie King
Andrew Knox Dysart September 11, 1947 Mackenzie King
John Evans Adamson January 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 Beaubien August 27, 1952 St. Laurent
Ivan Schultz January 13, 1955 St. Laurent
George Eric Tritschler April 18, 1957 St. Laurent
Calvert Charlton Miller October 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 Guy March 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 Hall May 14, 1971 Trudeau, Sr.
Roy Joseph Matas August 15, 1973 Trudeau, Sr.
Joseph Francis O'Sullivan July 24, 1975 Trudeau, Sr.
Charles Richard Huband February 20, 1979 Trudeau, Sr.
Alan Reed Philp May 5, 1983 Trudeau, Sr.
Archibald Kerr Twaddle August 22, 1985 Mulroney
Sterling Rufus Lyon December 19, 1986 Mulroney
Bonnie M. Helper June 30, 1989 Mulroney
Guy Joseph Kroft February 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 (March 7, 2013)
StyleHonourable Mr. Chief Justice
Member ofManitoba Court of Appeal
NominatorGovernor 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 1887–1899 Knighted in 1897 Diamond Jubilee Honours
Albert Clements Killam 1899–1903 to Supreme Court of Canada, 1903
Joseph Dubuc 1903–1909 Position 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 1966–1967 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

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
  • Frederick Read, "Early History of the Manitoba Courts", Manitoba Bar News (1937) Vol. 10, Nos. 1 & 2

References
  1. "About the Court of Appeal - Manitoba Courts". www.manitobacourts.mb.ca. Retrieved 2021-07-25.
  2. "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. "MANITOBA JUDICIAL APPOINTMENTS ANNOUNCED". Archived from the original on 2003-11-11. Retrieved 2020-03-24.
  9. "Memorable Manitobans: Judges of Manitoba". www.mhs.mb.ca. Retrieved 2021-07-26.
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