The Manitoba Court of Appeal (French: Cour d'appel du Manitoba) is the highest Court of Appeal in the Canadian province of Manitoba. It was established in 1906. It is located in the Old Law Courts building at 408 York Avenue in Winnipeg, the capital city of Manitoba. It hears criminal, civil and family law cases, as well as appeals from various administrative boards and tribunals.
Contents
Pursuant to The Court of Appeal Act, the court consists of a Chief Justice and seven other judges. 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.
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.
As a "Superior Court" under section 96 of the 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 Queen's Bench.
Current Justices
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. None of the current members of the Manitoba Court of Appeal have elected supernumerary status.
Trivia
Interestingly, the sons of two former Court of Appeal justices (Samuel Freedman and Alfred Monnin) currently serve as judges on the court (Martin Freedman, Michel Monnin and Marc Monnin).
The first female appointed to the Court was Bonnie M. Helper, on June 30, 1989.