The Manitoba Court of Appeal () 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.
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.
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.
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.Court of Appeal Rules
Judges Pursuant to The Court of Appeal Act,The Court of Appeal Act the Court consists of a Chief Justice and 12 other judges, all of whom are federally-appointed pursuant to the Judges Act.
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, 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.
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, JudgePositionAppointment to CourtNominated byPrevious appointmentMarianne RivoalenChief JusticeJune 1, 2023TrudeauJustice, Federal Court of Appeal (2018-2023)Diana M. CameronJudgeNovember 2, 2012HarperJudge of the Court of King’s Bench (February 3, 2011)Christopher J. MainellaJudgeOctober 1, 2013HarperJudge of the Court of King’s Bench (October 4, 2012)Jennifer A. PfuetznerJudgeJune 19, 2015HarperJudge of the Court of King's Bench (October 9, 2014)Janice leMaistreJudgeJune 19, 2015HarperJudge of the Provincial Court (November 22, 2006) Associate Chief Judge of the Provincial Court (September 9, 2009) James Edmond Judge August 28, 2023 TrudeauJustice of the Manitoba Court of King's Bench (2013 to 2023) David J. Kroft Judge August 28, 2023 TrudeauJustice of the Manitoba Court of King's Bench (2016 to 2023) Anne Turner Judge August 28, 2023 TrudeauJustice of the Manitoba Court of King's Bench (2019 to 2023)Holly C. BeardSupernumerary judge September 9, 2009 January 1, 2019 (supernumerary)HarperJudge of the Court of King's Bench (November 27, 1992)Marc M. MonninSupernumerary 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 SimonsenSupernumerary Judge August 31, 2018 October 8, 2022 (supernumerary)TrudeauJudge of the Court of King's Bench (December 9, 2004)Lori SpivakSupernumerary Judge March 26, 2019 September 1, 2022TrudeauJudge of the Court of King's Bench (May 19, 2005)
Past justices NameDate of appointmentNominated byAdditional 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, 1918Borden Thomas Llewellyn Metcalfe October 3, 1921Mackenzie King James Emile Pierre Prendergast May 1, 1922Mackenzie King Chief Justice of Manitoba from 30 December 1929 until 18 March 1944Walter Harley Trueman April 14, 1923Mackenzie King Hugh Amos Robson December 31, 1929Mackenzie King Stephen Elswood Richards March 11, 1932Bennett Hjalmar August Bergman March 18, 1944Mackenzie King Ewan Alexander McPherson March 15, 1944Mackenzie King Chief Justice of Manitoba from 18 March 1944 until 18 November 1954 James Bowes Coyne December 10, 1946Mackenzie King Andrew Knox Dysart September 11, 1947Mackenzie King John Evans Adamson January 30, 1948Mackenzie King Chief Justice of Manitoba from January 1955 until 1 March 1961 Percival John Montague February 1, 1951St. Laurent Joseph Thomas Beaubien August 27, 1952St. Laurent Ivan Schultz January 13, 1955St. Laurent George Eric Tritschler April 18, 1957 St. Laurent Calvert Charlton Miller October 21, 1959Diefenbaker 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, 1961Diefenbaker 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, 1971Trudeau, Sr. Roy Joseph Matas August 15, 1973Trudeau, Sr. Joseph Francis O'Sullivan July 24, 1975Trudeau, Sr. Charles Richard Huband February 20, 1979Trudeau, Sr. Alan Reed Philp May 5, 1983Trudeau, Sr. Archibald Kerr Twaddle August 22, 1985Mulroney Sterling Rufus Lyon December 19, 1986Mulroney Bonnie M. Helper June 30, 1989Mulroney Guy Joseph Kroft February 1, 1993Mulroney Glenn D. Joyal March 2, 2007Harper Appointed to the Court of King's Bench of Manitoba on 10 July 2007Michel A. MonninJuly 26, 1995ChrétienAppointed to the Court of King's Bench of Manitoba on 23 March 1984Barbara M. HamiltonJuly 16, 2002ChrétienAppointed to the Court of King's Bench of Manitoba on 26 July 1995
Chief Justice of Manitoba
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. Name Term NotesCourt 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 1906Court of Appeal (1906–present)Hector Mansfield HowellNov 1909–Apr 1918William Egerton Perdue1918–1929James Emile Pierre PrendergastDec 1929–Mar 1944Ewan Alexander McPhersonMar 1944–Nov 1954John Evans AdamsonJan 1955–Mar 1961Calvert Charlton MillerMar 1961–Feb 1967Samuel Freedman1966–1967Acting Chief Justice during Miller's illnessCharles Rhodes SmithJune 1967–Mar 1971Samuel FreedmanMar 1971–Apr 1983Alfred Maurice MonninApr 1983–Jan 1990Richard Jamieson ScottJuly 1990–Mar 2013Richard J. F. Chartier2013–May 2023Marianne Rivoalen2023–
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
External links Official webpage Public database of the court's decisions Publicly accessible court registry system Court of Appeal Rules