The Court of King's Bench of Manitoba (french: Cour du Banc du Roi du Manitoba)—or the Court of Queen’s Bench of Manitoba, depending on
the monarch—is the
superior court 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 ...
.
The court is divided into two divisions. The Family Division deals with
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 including
divorce
Divorce (also known as dissolution of marriage) is the process of terminating a marriage or marital union. Divorce usually entails the canceling or reorganizing of the legal duties and responsibilities of marriage, thus dissolving the ...
s,
guardianships,
adoptions and
child welfare
Child protection is the safeguarding of children from violence, exploitation, abuse, and neglect. Article 19 of the UN Convention on the Rights of the Child provides for the protection of children in and out of the home. One of the ways to ...
.
The General Division deals with civil and criminal matters, including
civil trial
In law, a trial is a coming together of parties to a dispute, to present information (in the form of evidence) in a tribunal, a formal setting with the authority to adjudicate claims or disputes. One form of tribunal is a court. The tribunal, ...
s,
probate law,
indictable offences and applications for the review of
decisions from certain administrative
tribunal
A tribunal, generally, is any person or institution with authority to judge, adjudicate on, or determine claims or disputes—whether or not it is called a tribunal in its title.
For example, an advocate who appears before a court with a single ...
s.
The current Chief Justice of the Court of King's Bench is Judge
Glenn Joyal, who was appointed on 3 February 2011.
History of the Court
In May 1871, the
legislature of Manitoba
The Legislature of Manitoba is the legislature of the province of Manitoba, Canada. Today, the legislature is made of two elements: the King of Canada in Right of Manitoba, represented by the Lieutenant Governor of Manitoba, and the unicameral ...
enacted ''The Supreme Court Act'' to establish a
superior court with original and
appellate jurisdiction in the province, called the Manitoba Supreme Court.
The law provided:
There shall be constituted a Court of Justice for the Province of Manitoba, to be styled "The Supreme Court," which shall have jurisdiction over ail matters of Law and Equity, ail matters of wills and intestacy, and shall possess such powers and authorities in relation to matters of Local or Provincial jurisdiction, as in England are distributed among the Superior Courts of Law and Equity, and of Probate.
The Act also established inferior courts known as
Petty Sessions
Courts of petty session, established from around the 1730s, were local courts consisting of magistrates, held for each petty sessional division (usually based on the county divisions known as hundreds) in England, Wales, and Ireland. The session ...
. In 1872, ''The Supreme Court Act'' was amended by the Manitoba Legislature to change the name of the court to "The Court of Queen's Bench," and the first Chief Justice was appointed in July that year. Also that year, the Petty Sessions were abolished and
County Courts were established.
In 1906, the appellate jurisdiction of the Court of Queen's Bench was transferred to the newly-established
Manitoba Court of Appeal.
In 1984, the County Courts were merged with the Court of Queen's Bench, and the judges of the County Courts became Court of Queen's Bench judges. Further, in 1984 the Family Division of the Court of Queen's Bench was established.
Divisions
The court is divided into two divisions.
The Family Division deals with cases of
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 ...
and
child protection
Child protection is the safeguarding of children from violence, exploitation, abuse, and neglect. Article 19 of the UN Convention on the Rights of the Child provides for the protection of children in and out of the home. One of the ways to e ...
, including
divorce
Divorce (also known as dissolution of marriage) is the process of terminating a marriage or marital union. Divorce usually entails the canceling or reorganizing of the legal duties and responsibilities of marriage, thus dissolving the ...
s,
guardianships,
adoptions, and
child welfare
Child protection is the safeguarding of children from violence, exploitation, abuse, and neglect. Article 19 of the UN Convention on the Rights of the Child provides for the protection of children in and out of the home. One of the ways to ...
. Judges of the Family Division sit in
Flin Flon
Flin Flon (pop. 5,185 in 2016 census; 4,982 in Manitoba and 203 in Saskatchewan) is a mining city, located on a correction line on the border of the Canadian provinces of Manitoba and Saskatchewan, with the majority of the city located within M ...
,
Morden
Morden is a district and town in south London, England, within the London Borough of Merton, in the ceremonial county of Greater London. It adjoins Merton Park and Wimbledon to the north, Mitcham to the east, Sutton to the south and Worcester ...
,
Selkirk,
St. Boniface,
The Pas
The Pas ( ; french: Le Pas) is a town in Manitoba, Canada, located at the confluence of the Pasquia River and the Saskatchewan River and surrounded by the unorganized Northern Region of the province. It is approximately northwest of the provinc ...
,
Thompson, and
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 General Division deals with civil and criminal matters, including
civil trial
In law, a trial is a coming together of parties to a dispute, to present information (in the form of evidence) in a tribunal, a formal setting with the authority to adjudicate claims or disputes. One form of tribunal is a court. The tribunal, ...
s,
probate law,
indictable offences and applications for the review of
decisions from certain administrative
tribunal
A tribunal, generally, is any person or institution with authority to judge, adjudicate on, or determine claims or disputes—whether or not it is called a tribunal in its title.
For example, an advocate who appears before a court with a single ...
s. Judges of the General Division sit in
Brandon
Brandon may refer to:
Names and people
*Brandon (given name), a male given name
*Brandon (surname), a surname with several different origins
Places
Australia
*Brandon, a farm and 19th century homestead in Seaham, New South Wales
*Brandon, Q ...
,
Dauphin, Flin Flon, Morden,
Portage la Prairie
Portage la Prairie () is a small city in the Central Plains Region of Manitoba, Canada. As of 2016, the population was 13,304 and the land area of the city was .
Portage la Prairie is approximately west of Winnipeg, along the Trans-Canada Hi ...
, Selkirk, St. Boniface,
Swan River, The Pas, Thompson, and Winnipeg.
Judges
Current justices
Past justices
Past justices of the Court of King's Bench of Manitoba have included:
* Gordon J. Barkman
*
Alexander Morris
*
James Charles McKeagney
James Charles McKeagney (1815 – 14 September 1879) was a Canadian lawyer, politician, and judge.
Born in County Tyrone, Ireland, he moved to Nova Scotia with his family in 1822. He was educated in Baddeck and at McQueen's Academy in H ...
* Louis Betourney
*
Edmund Burke Wood
Edmund Burke Wood (February 13, 1820 – October 7, 1882) was a Member of the Legislative Assembly of Ontario for Brant South, and served as the first provincial treasurer of Ontario from 1867 to 1871 under Premier John Sandfield Macdona ...
*
Joseph Dubuc (Chief Justice of Manitoba from August 8, 1903 until 1909)
* James Andrews Miller
*
Lewis Wallbridge
*
Thomas Wardlaw Taylor
* Robert Smith
*
Albert Clements Killam
Albert Clements Killam, (September 18, 1849 – March 1, 1908) was a Canadian lawyer, politician, judge, railway commissioner, and Puisne judge of the Supreme Court of Canada. He was the first judge from Western Canada to be appointed to th ...
* John Farquhar Bain
* Albert Elswood Richards
* William Edgerton Perdue
* Thomas Graham Mathers
* Daniel Alexander Macdonald
*
John Donald Cameron
* Thomas Llewellyn Metcalfe
* James Emile Pierre Prendergast
*
Hugh Amos Robson
* Alexander Casmir Galt
* John Philpot Curran
* Andrew Knox Dysart
* John Evans Adamson
* James Frederick Kilgour
* William James Donovan
*
Percival John Montague
*
Fawcett Gowler Taylor
*
Ewan Alexander McPherson
*
William James Major
* Esten Kenneth Williams
* Arnold Munroe Campbell
* Joseph Thomas Beaubien
* John Joseph Kelly
*
Robert George Brian Dickson
*
John Alton Duncan
* Richard J. Scott (currently serving as
Chief Justice of the
Manitoba Court of Appeal)
*
Michel A. Monnin (currently serving as a judge on the
Manitoba Court of Appeal)
*
Freda M. Steel (currently serving as a judge on the
Manitoba Court of Appeal)
*
Barbara M. Hamilton
*
Alan D. MacInnes (currently serving as a judge on the
Manitoba Court of Appeal)
*
Lori Douglas
*
Robyn Diamond
See also
*
Manitoba Justice
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, preceding1 = Department of the Attorney General
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*
Manitoba Court of Appeal
*
Provincial Court of Manitoba
The Provincial Court of Manitoba (french: Cour provinciale du Manitoba) is the lower trial court of the Province of Manitoba. It has mainly a criminal jurisdiction, as well as limited concurrent jurisdiction with the Court of King's Bench in m ...
*
Judicial appointments in Canada
Judicial appointments in Canada are made by the federal government or provincial government. Superior and federal court judges are appointed by federal government, while inferior courts are appointed by the provincial government.
Court system
Th ...
References
Further reading
* Brawn, Dale. 2006. ''The Court of Queen's Bench of Manitoba 1870–1950: A Biographical History''. Toronto: Osgoode Society for Canadian Legal History.
* McCullough, Sharon Gail. 2000. ''Manitoba Court of Queen's Bench in Equity, 1872–1895: A Study in Legal Administration and Records''. Winnipeg, University of Manitoba.
* Smandych, Russell, and Karina Sacca. 1996. "The Development of Criminal Law Courts in Pre-1870 Manitoba." ''Manitoba Law Journal'' 24:201.
External links
Court of King's Bench of Manitoba websiteRecent judgmentsPublicly accessible court registry systemHistory of Manitoba Judges
{{Courts of Canada
Manitoba courts
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 ...
1872 establishments in Manitoba
Courts and tribunals established in 1872