Court of Queen'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 This is a list of main and recurring fictional characters from ''The Venture Bros.'', a comic science fiction television series broadcast on Adult Swim. Overview Team Venture Team Venture comprises the central characters in the show; they fo ...
—is the
superior court In common law systems, a superior court is a court of general jurisdiction over civil and criminal legal cases. A superior court is "superior" in relation to a court with limited jurisdiction (see small claims court), which is restricted to civi ...
of the
Canadian province Within the geographical areas of Canada, the ten provinces and three territories are sub-national administrative divisions under the jurisdiction of the Canadian Constitution. In the 1867 Canadian Confederation, three provinces of British Nor ...
of
Manitoba Manitoba ( ) is a Provinces and territories of Canada, province of Canada at the Centre of Canada, longitudinal centre of the country. It is Canada's Population of Canada by province and territory, fifth-most populous province, with a population o ...
. 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 th ...
s, guardianships,
adoption Adoption is a process whereby a person assumes the parenting of another, usually a child, from that person's biological or legal parent or parents. Legal adoptions permanently transfer all rights and responsibilities, along with filiation, fro ...
s 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 trials,
probate law Probate is the judicial process whereby a will is "proved" in a court of law and accepted as a valid public document that is the true last testament of the deceased, or whereby the estate is settled according to the laws of intestacy in the st ...
,
indictable offence In many common law jurisdictions (e.g. England and Wales, Ireland, Canada, Hong Kong, India, Australia, New Zealand, Malaysia, Singapore), an indictable offence is an offence which can only be tried on an indictment after a preliminary hearing ...
s 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 Glenn D. Joyal is a Canadian judge, who has been the Chief Justice of the Court of King's Bench of Manitoba since his appointment on February 4, 2011. He replaced Marc M. Monnin, upon his elevation to the Court of Appeal of Manitoba. Joyal pursued ...
, who was appointed on 3 February 2011.


History of the Court

In May 1871, the legislature of Manitoba enacted ''The Supreme Court Act'' to establish a
superior court In common law systems, a superior court is a court of general jurisdiction over civil and criminal legal cases. A superior court is "superior" in relation to a court with limited jurisdiction (see small claims court), which is restricted to civi ...
with original and
appellate jurisdiction A court of appeals, also called a court of appeal, appellate court, appeal court, court of second instance or second instance court, is any court of law that is empowered to hear an appeal of a trial court or other lower tribunal. In much ...
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. 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 The Manitoba Court of Appeal (french: Cour d'appel du Manitoba) is the court of appeal in, and the highest court of, the Canadian province of Manitoba. It hears criminal, civil, and family law cases, as well as appeals from various administrat ...
. 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 th ...
s, guardianships,
adoption Adoption is a process whereby a person assumes the parenting of another, usually a child, from that person's biological or legal parent or parents. Legal adoptions permanently transfer all rights and responsibilities, along with filiation, fro ...
s, 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, Selkirk,
St. Boniface Boniface, OSB ( la, Bonifatius; 675 – 5 June 754) was an English Benedictine monk and leading figure in the Anglo-Saxon mission to the Germanic parts of the Frankish Empire during the eighth century. He organised significant foundations o ...
, The Pas,
Thompson Thompson may refer to: People * Thompson (surname) * Thompson M. Scoon (1888–1953), New York politician Places Australia *Thompson Beach, South Australia, a locality Bulgaria * Thompson, Bulgaria, a village in Sofia Province Canada ...
, 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 trials,
probate law Probate is the judicial process whereby a will is "proved" in a court of law and accepted as a valid public document that is the true last testament of the deceased, or whereby the estate is settled according to the laws of intestacy in the st ...
,
indictable offence In many common law jurisdictions (e.g. England and Wales, Ireland, Canada, Hong Kong, India, Australia, New Zealand, Malaysia, Singapore), an indictable offence is an offence which can only be tried on an indictment after a preliminary hearing ...
s 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, 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 Macdonald. ...
* Joseph Dubuc (Chief Justice of Manitoba from August 8, 1903 until 1909) * James Andrews Miller *
Lewis Wallbridge Lewis Wallbridge (November 27, 1816 – October 20, 1887) was a lawyer, judge and political figure in Canada West. In 1882, he was appointed Chief Justice of Manitoba. He was born in Belleville in 1816. He studied at Upper Canada College, ar ...
*
Thomas Wardlaw Taylor Sir Thomas Wardlaw Taylor (March 25, 1833 – March 2, 1917) was a Canadian lawyer and judge. Born in Auchtermuchty, Scotland, he studied at Edinburgh University, and was admitted to the Upper Canadian bar in 1858. From 1872 to 1883 he was ...
* Robert Smith * Albert Clements Killam * 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 William James Major (November 10, 1881—August 13, 1953) was a politician in Manitoba, Canada. He served in the Legislative Assembly of Manitoba from 1927 to 1941, and was a prominent cabinet minister in the government of John Bracken. 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 The Manitoba Court of Appeal (french: Cour d'appel du Manitoba) is the court of appeal in, and the highest court of, the Canadian province of Manitoba. It hears criminal, civil, and family law cases, as well as appeals from various administrat ...
) * Michel A. Monnin (currently serving as a judge on the
Manitoba Court of Appeal The Manitoba Court of Appeal (french: Cour d'appel du Manitoba) is the court of appeal in, and the highest court of, the Canadian province of Manitoba. It hears criminal, civil, and family law cases, as well as appeals from various administrat ...
) * Freda M. Steel (currently serving as a judge on the
Manitoba Court of Appeal The Manitoba Court of Appeal (french: Cour d'appel du Manitoba) is the court of appeal in, and the highest court of, the Canadian province of Manitoba. It hears criminal, civil, and family law cases, as well as appeals from various administrat ...
) * Barbara M. Hamilton * Alan D. MacInnes (currently serving as a judge on the
Manitoba Court of Appeal The Manitoba Court of Appeal (french: Cour d'appel du Manitoba) is the court of appeal in, and the highest court of, the Canadian province of Manitoba. It hears criminal, civil, and family law cases, as well as appeals from various administrat ...
) *
Lori Douglas A. Lori Douglas was the Associate Chief Justice of the Court of Queen's Bench of Manitoba (Family Division). She currently lectures and practices family law part-time. Education Douglas received a Bachelor of Arts from the University of Winnipe ...
* Robyn Diamond


See also

*
Manitoba Justice , logo = , logo_width = , logo_caption = , seal = , seal_width = , seal_caption = , picture = , formed = , preceding1 = Department of the Attorney General , preceding2 = , dissolved = , jurisdiction = Government of Manitoba ...
*
Manitoba Court of Appeal The Manitoba Court of Appeal (french: Cour d'appel du Manitoba) is the court of appeal in, and the highest court of, the Canadian province of Manitoba. It hears criminal, civil, and family law cases, as well as appeals from various administrat ...
* Provincial Court of Manitoba * Judicial appointments in Canada


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 website

Recent judgmentsPublicly accessible court registry system



History of Manitoba Judges
{{Courts of Canada Manitoba courts
Manitoba Manitoba ( ) is a Provinces and territories of Canada, province of Canada at the Centre of Canada, longitudinal centre of the country. It is Canada's Population of Canada by province and territory, fifth-most populous province, with a population o ...
1872 establishments in Manitoba Courts and tribunals established in 1872