Court of Queen's Bench of Manitoba

Court of Queen's Bench of Manitoba

The Court of Queen's Bench of Manitoba (in French: Cour du Banc de la Reine du Manitoba) is the superior court of the Canadian province of Manitoba. The court is divided into the Family Division and the General Division.

The Family Division deals with family law cases including divorces, guardianships, adoptions and child welfare.

The General Division deals with all other matters, including civil trials, probate law, indictable offences and applications for the review of decisions from certain administrative tribunals.

Contents

History of the Court

In May 1871 the legislature of Manitoba enacted The Supreme Court Act to establish a superior court with original and appellate jurisdiction in the province. 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.

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". The first Chief Justice was appointed in July 1872. In the same year, the Petty Sessions were abolished and County Courts were established.

The appellate jurisdiction of the Court of Queen's Bench was transferred to the Manitoba Court of Appeal, which was established in 1906. 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.

Current Justices

Name Appointed Division
Chief Justice Marc M. Monnin August 27, 1997 General
Associate Chief Justice Jeffrey J. Oliphant August 22, 1985 General
Associate Chief Justice A. Lori Douglas May 19, 2005 Family
Mr. Justice Robert Carr October 13, 1983 Family
Mr. Justice Gil R. Goodman July 16, 2002 Family
Mr. Justice Kenneth R. Hanssen March 23, 1984 General
Mr. Justice Daniel P. Kennedy June 21, 1984 General
Mr. Justice Rodney H. Mykle September 15, 1989 General
Madam Justice Robyn M. Diamond September 15, 1989 Family
Mr. Justice A. Clearwater March 12, 1992 General
Madam Justice Leá A. Duval November 27, 1992 General
Madam Justice Holly C. Beard November 27, 1992 General
Mr. Justice Nathan Nurgitz February 10, 1993 General
Mr. Justice Kris Stefanson May 28, 1993 Family
Mr. Justice Perry Schulman May 28, 1993 General
Madam Justice Sylvia Guertin-Riley July 26, 1995 Family
Madam Justice Brenda L. Keyser October 3, 1995 General
Mr. Justice John A. Menzies August 7, 1996 General
Madam Justice Deborah J. McCawley September 17, 1997 General
Mr. Justice Donald M. Little February 10, 1998 Family
Mr. Justice Morris Kaufman October 6, 1998 General
Madam Justice Laurie P. Allen October 6, 1998 Family
Mr. Justice Douglas D. Yard October 6, 1998 Family
Mr. Justice Donald P. Bryk February 16, 1999 General
Mr. Justice Frank Aquila February 28, 2000 Family
Mr. Justice Robert B. Doyle February 28, 2000 Family
Mr. Justice C. Murray Sinclair January 31, 2001 General
Madam Justice Joan G. McKelvey September 27, 2001 General
Mr. Justice John Scurfield July 16, 2002 General
Madam Justice Colleen Suche July 16, 2002 General
Madam Justice Marilyn E. Goldberg July 16, 2002 Family
Madam Justice Shawn D. Greenberg October 28, 2003 General
Madam Justice Karen I. Simonsen December 9, 2004 General
Madam Justice Marianne Rivoalen February 2, 2005 Family
Madam Justice Lori T. Spivak May 19, 2005 General
Madam Justice A. Catherine Everett November 22, 2006 Family
Mr. Justice Michael A. Thomson June 1, 2007 Family
Mr. Justice Glenn D. Joyal June 22, 2007 General
Mr. Justice Douglas N. Abra June 22, 2007 General
Mr. Justice Brian Midwinter June 19, 2008 General

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.

The following justices have elected supernumerary status:

  • Mr. Justice Carr (December 14, 2006)
  • Mr. Justice Goodman (December 14, 2006)
  • Mr. Justice Kennedy (December 21, 2004)
  • Mr. Justice Clearwater (July 10, 2007)
  • Mr. Justice Nurgitz (June 22, 2004)
  • Madam Justice Guertin-Riley (September 16, 2006)

Past Justices

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)
  • Sharon Gail McCullough, "Manitoba Court of Queen's Bench in Equity, 1872-1895: A Study in Legal Administration and Records" (Winnipeg, University of Manitoba, 2000)
  • Russell Smandych and Karina Sacca, "The Development of Criminal Law Courts in Pre-1870 Manitoba" (1996) 24 Man. L. J. 201

External links

Notes


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