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Court of King's Bench of Manitoba

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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.

Court of King's Bench of Manitoba
Established1872
JurisdictionManitoba
Authorised byThe Court of Queen's Bench Act
Websitemanitobacourts.mb.ca/court-of-queens-bench/
Chief Justice
CurrentlyGlenn Joyal[2]
SinceFebruary 3, 2011; 13 years ago (February 3, 2011)
Associate Chief Justice (General Division)
CurrentlyShane I. Perlmutter[3]
SinceMarch 7, 2013; 11 years ago (March 7, 2013)
Associate Chief Justice (Family Division)
CurrentlyGwen B. Hatch[1]
SinceMay 14, 2020; 4 years ago (May 14, 2020)

The court is divided into two divisions. The Family Division deals with family law cases including divorces, guardianships, adoptions and child welfare.[4] The General Division deals with civil and criminal matters, including civil trials, probate law, indictable offences and applications for the review of decisions from certain administrative tribunals.[5]

The current Chief Justice of the Court of King's Bench as of 2021 is Judge Glenn Joyal, who was appointed on 3 February 2011.[1]

History of the Court

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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, called the Manitoba Supreme Court.[6] 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," 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.[6] 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

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The court is divided into two divisions.

The Family Division deals with cases of family law and child protection, including divorces, guardianships, adoptions, and child welfare. Judges of the Family Division sit in Flin Flon, Morden, Selkirk, St. Boniface, The Pas, Thompson, and Winnipeg.[4]

The General Division deals with civil and criminal matters, including civil trials, probate law, indictable offences and applications for the review of decisions from certain administrative tribunals. Judges of the General Division sit in Brandon, Dauphin, Flin Flon, Morden, Portage la Prairie, Selkirk, St. Boniface, Swan River, The Pas, Thompson, and Winnipeg.[5]

Judges

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Current justices

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Current judges, as of August 2024[1][6]
Judge Title Appointed Location
Glenn D. Joyal Chief Justice February 3, 2011 Winnipeg
Shane I. Perlmutter Associate Chief Justice (General Division) March 7, 2013 Winnipeg
Gwen B. Hatch Associate Chief Justice (Family Division) May 14, 2020 Winnipeg
Brenda L. Keyser Supernumerary judge
  • October 3, 1995
  • April 4, 2014 (Supernumerary status)
 Winnipeg
John A. Menzies Supernumerary judge
  • August 7, 1996 (Family Division)
  • October 6, 1998 (General Division)
  • September 1, 2017 (Supernumerary status)
 Brandon
Deborah J. McCawley Supernumerary judge
  • September 16, 1997
  • May 26, 2014 (Supernumerary status)
 Winnipeg
Frank Aquila Supernumerary judge (Family Division)
  • February 28, 2000
  • January 1, 2016 (Supernumerary status)
 Winnipeg
Robert B. Doyle Judge (Family Division) February 28, 2000 Winnipeg
Joan G. McKelvey Judge September 27, 2001 Winnipeg
Colleen Suche Supernumerary judge
  • July 16, 2002
  • November 19, 2018 (Supernumerary status)
 Winnipeg
Shawn D. Greenberg Judge October 28, 2003 Winnipeg
A. Catherine Everett Judge (Family Division) November 22, 2006 Winnipeg
Michael A. Thomson Judge (Family Division) June 1, 2007 Winnipeg
Douglas N. Abra Supernumerary judge
  • June 22, 2007 (effective July 10)
  • July 10, 2017 (Supernumerary status)
 Winnipeg
Joan A. MacPhail Judge (Family Division) January 22, 2009 Winnipeg
Chris W. Martin Judge January 22, 2009 Winnipeg
William Johnston Judge (Family Division) July 30, 2009 Winnipeg
Robert A. Dewar Judge September 9, 2009 Winnipeg
Richard A. Saull Judge February 10, 2010 Winnipeg
Gerald L. Chartier Judge September 30, 2010 Winnipeg
Herbert Rempel Judge
  • December 1, 2011 (Family Division)
  • March 7, 2013 (General Division)
 Winnipeg
Sheldon W. Lanchbery Judge June 6, 2013 Winnipeg
James G. Edmond Judge October 1, 2013 Winnipeg
Victor E. Toews Judge March 7, 2014 Winnipeg
Sadie Bond Judge April 11, 2014 Winnipeg
Allan D. Dueck Judge (Family Division) May 9, 2014 Winnipeg
Sandra Zinchuk Judge February 26, 2015 Dauphin
Kaye E. Dunlop Judge (Family Division) June 19, 2015 Winnipeg
Regan Thatcher Judge (Family Division) June 19, 2015 Winnipeg
Lore Mirwaldt Judge (Family Division) October 20, 2016 Winnipeg
David Kroft Judge October 20, 2016 Winnipeg
Candace Grammond Judge October 20, 2016 Winnipeg
Scott Abel Judge December 19, 2017 Brandon
Kenneth Champagne Judge April 4, 2018 Winnipeg
Jeffrey Harris Judge October 9, 2018 Winnipeg
Connie Petersen Judge (Family Division) October 9, 2018 Winnipeg
Annette Horst Judge (Family Division) October 9, 2018 Winnipeg
Shauna Mc Carthy Judge June 27, 2019 Winnipeg
Anne Turner Judge June 27, 2019 Winnipeg
Theodor Bock Judge February 5, 2020 Winnipeg
Elliot H. Leven Judge December 11, 2020 Brandon
L. Kim Antonio Judge (Family Division) December 11, 2020 Winnipeg
Brian Bowman Judge March 2, 2024 Winnipeg

Past justices

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Past justices of the Court of King's Bench of Manitoba have included:[6]

See also

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References

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  1. ^ a b c "Judges – Manitoba Courts".
  2. ^ "PM announces Manitoba judicial appointments". Retrieved 1 August 2018.
  3. ^ "Judges – Manitoba Courts". Retrieved February 22, 2019.
  4. ^ a b "The Family Division | About the Court of Queen's Bench". www.manitobacourts.mb.ca. June 11, 2021. Archived from the original on 2015-05-03. Retrieved 2021-07-25.
  5. ^ a b "The General Division | About the Court of Queen's Bench". www.manitobacourts.mb.ca. June 8, 2021. Archived from the original on 2015-05-03. Retrieved 2021-07-25.
  6. ^ a b c d "Memorable Manitobans: Judges of Manitoba". www.mhs.mb.ca. Retrieved 2021-07-25.
  7. ^ "Hansard – Members' Statements". Legislative Assembly of Manitoba. May 22, 2001. Archived from the original on 2014-04-07. Retrieved 14 Dec 2010.

Further reading

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  • 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.
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