Court_of_Queen's_Bench_of_Manitoba

Court of King's Bench of Manitoba

Court of King's Bench of Manitoba

Canadian trial court


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.

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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.[3]

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, 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

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

Current justices

More information Judge, Title ...

Past justices

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

See also


References

  1. "PM announces Manitoba judicial appointments". Retrieved 1 August 2018.
  2. "Judges – Manitoba Courts". Retrieved February 22, 2019.
  3. "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.
  4. "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.
  5. "Memorable Manitobans: Judges of Manitoba". www.mhs.mb.ca. Retrieved 2021-07-25.
  6. "Hansard – Members' Statements". Legislative Assembly of Manitoba. May 22, 2001. Archived from the original on 2014-04-07. Retrieved 14 Dec 2010.

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.

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