The Manitoba Court of Appeal (french: Cour d'appel du Manitoba) is the
court of appeal in, and the
highest court
A supreme court is the highest court within the hierarchy of courts in most legal jurisdictions. Other descriptions for such courts include court of last resort, apex court, and high (or final) court of appeal. Broadly speaking, the decisions of ...
of, the
Canadian province of
Manitoba
, image_map = Manitoba in Canada 2.svg
, map_alt = Map showing Manitoba's location in the centre of Southern Canada
, Label_map = yes
, coordinates =
, capital = Winn ...
. It hears
criminal,
civil
Civil may refer to:
*Civic virtue, or civility
*Civil action, or lawsuit
* Civil affairs
*Civil and political rights
*Civil disobedience
*Civil engineering
*Civil (journalism), a platform for independent journalism
*Civilian, someone not a membe ...
, and
family law
Family law (also called matrimonial law or the law of domestic relations) is an area of the law that deals with family matters and domestic relations.
Overview
Subjects that commonly fall under a nation's body of family law include:
* Marriage ...
cases, as well as appeals from various administrative boards and tribunals.
Seated in
Winnipeg
Winnipeg () is the capital and largest city of the province of Manitoba in Canada. It is centred on the confluence of the Red and Assiniboine rivers, near the longitudinal centre of North America. , Winnipeg had a city population of 749, ...
, 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
The provincial and territorial courts in Canada are local trial "inferior" or "lower" courts of limited jurisdiction established in each of the provinces and territories of Canada. These courts typically hear criminal, civil (or “ small claims” ...
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.
Judges
Pursuant to ''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
The ''Constitution Act, 1867'' (french: Loi constitutionnelle de 1867),''The Constitution Act, 1867'', 30 & 31 Victoria (U.K.), c. 3, http://canlii.ca/t/ldsw retrieved on 2019-03-14. originally enacted as the ''British North America Act, 186 ...
'', Court of Appeal judges are appointed by the
Governor-General of Canada
The governor general of Canada (french: gouverneure générale du Canada) is the federal viceregal representative of the . The is head of state of Canada and the 14 other Commonwealth realms, but resides in oldest and most populous realm, ...
(in practical terms, the
Prime Minister of Canada
The prime minister of Canada (french: premier ministre du Canada, link=no) is the head of government of Canada. Under the Westminster system, the prime minister governs with the confidence of a majority the elected House of Commons; as su ...
). 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'',
''Judges Act''
/ref> 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
Samuel Freedman, (16 April 1908 – 6 March 1993), was a Canadian lawyer and judge, who served as Chief Justice of Manitoba from 1971 to 1983.
Personal life and education
Born on 16 April 1908, to Nathan and Ada (Foxman) Freedman in Zhytomyr, R ...
and Alfred Monnin Alfred Maurice Monnin (March 6, 1920 - November 29, 2013) was a judge in Manitoba, Canada.
He was appointed to the Manitoba Court of Queen's Bench in 1957 and to the Manitoba Court of Appeal in 1962. In 1983 he was appointed Chief Justice of Man ...
) currently or have recently served as judges on the court ( Martin Freedman, Michel Monnin Michel A. Monnin was appointed a judge of the Manitoba Court of Appeal on July 27, 1995. His appointment became effective on August 3, 1995. He replaced Alan R. Philp, who chose to become a supernumerary judge.
Monnin graduated from the Universit ...
, and Marc Monnin).
Current justices
Past justices
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.
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
Publicly accessible court registry system
Court of Appeal Rules
{{Courts of Canada
Manitoba courts
Canadian appellate courts
1906 establishments in Manitoba
Courts and tribunals established in 1906