Debating nomenclature: Premier-designate or premier-elect – or neither? – Plus who’s who in Order of Precedence for Manitoba

On May 3, the Province of Manitoba will have its first change in political party in power as Her Majesty’s Government here since Oct. 5, 1999, when former NDP premier Gary Doer took office. So the arrival of premier-designate Brian Pallister, whose Progressive Conservatives won 40 of the 57 seats in the Manitoba Legislative Assembly in the April 19 provincial general election – tying a record for most seats set way back in 1915 when Premier Tobias Crawford Norris’ Liberals also won 40 seats in the Aug. 6 election in a legislature with 47 seats – is a pretty big deal as these things go.

Actually, for those wont to split hairs, Pallister is not really the premier-designate or premier-elect, some strict constitutional constructionists might argue. It’s just a convenient shorthand journalists in particular use to describe the leader-in-waiting-who-would-be premier (that’s my way-too-long-term). Philippe Lagassé, an associate professor of public and international affairs at the University of Ottawa, and a fellow with the Canadian Global Affairs Institute, whose work focuses on defence policy and the Westminster system, notably on the relationship between Parliament and the Crown, explained it this way last May in the Montreal-based Institute for Research on Public Policy’s digital edition of the magazine Policy Options Politiques: “What should we call the leader of a party who we expect will be appointed premier or prime minister but who doesn’t hold the office yet? … Unfortunately, premier-elect doesn’t make sense, constitutionally speaking, because first ministers aren’t elected.

“Voters elect representatives who sit in legislatures, not first ministers or governments. Nor do legislatures elect first ministers. Premiers and prime ministers are appointed by the Crown. Of course, those appointments are made based on the first minister’s ability to hold the confidence of legislature, but it’s an appointed office nonetheless.

“Premier-elect inaccurately describes how the first minister will come into office.

“The next term that’s used is “premier-designate.” I’m not a fan of this title, since there’s no actual office of premier-designate and I think is needlessly confuses things. That said, the term has been used internally within Canadian executives for administrative purposes for nearly a century, and vice-regal secretariats across the country have decided that it should now be used publicly.

“However, premier-designate is meant to describe a particular circumstance. A party leader is premier-designate only after the Crown has invited them to form a government.

“It’s equally important to note that, after this invitation has been issued, the incumbent premier is still premier. The premier-designate is merely preparing to be appointed premier and to advise the Crown on who should be appointed to ministerial offices.

“The premier-designate only becomes premier after the incumbent premier resigns and the Crown formally appoints the premier-designate as the premier.”

Lagassé concludes, “Unfortunately, there’s no good short hand term that accurately reflects our constitutional realities. As boring as it is, it’s best to simply refer to them as the leader of party X who is expected to be appointed premier or prime minister.” Aside from how the matter of how we should refer to the leader-in-waiting-who-would-be premier, there is also the issue of who’s who in the Order of Precedence for Manitoba even after we begin calling him Premier Brian Pallister sometime on Tuesday. The Order of Precedence for Manitoba is determined by the Federal-Provincial Relations branch within the Manitoba Department of Finance.

A sequential hierarchy, the Order of Precedence for Manitoba is not necessarily an indication of functional importance, if that isn’t too indelicate a way of putting it, but rather an indication of ceremonial or historical relevance, with some overlap, as might be expected, between the functional and the historical and ceremonial. Premier Pallister will be number two on the list, preceded only by Lt.-Gov. Janice Filmon, the wife of Gary Filmon, the last Tory premier of Manitoba until the election of Pallister earlier this month.

Manitoba joined Confederation as the fifth province – appropriately enough smack in the middle of 10, time-wise, as well as geographically – on July 15, 1870. The Manitoba Act, which created the Province of Manitoba, was passed by the Parliament of Canada, and received royal assent on May 12, 1870. Manitoba’s official flag, the Red Ensign, bearing the provincial coat of arms, was given royal approval by Her Majesty Queen Elizabeth II in October 1965, and officially dedicated and unfurled for the first time on May 12, 1966. In 1986, May 12 was designated as Manitoba Day.

Manitoba has been the home of some of the most important, often colourful and eclectic, and at times controversial who’s who of Canadian history. Almost any such list would include Métis leader Louis Riel, considered by many to be the “Founding Father” of Manitoba; Nellie McClung, the controversial feminist author, social activist and politician; writers Gabrielle Roy and Margaret Laurence; J.S. Woodsworth, Methodist minister, community activist and Co-operative Commonwealth Federation (CCF) politician; Los Angeles-born Stanley Knowles, United Church minister, social gospel movement activist, CCF politician and parliamentarian; Progressive Conservative premier and senator Duff Roblin; former governor general and NDP premier Ed Schreyer; Doer, also Canada’s former ambassador to the United States, as well as a former premier; newspaper editor John Wesley Dafoe; journalist E. Cora Hind; and Canwest’s Izzy Asper.

Add filmmaker Guy Maddin; spymaster Sir William Stephenson; cable TV pioneer and philanthropist Randall Moffat; and Olympic speed skater Cindy Klassen, to that list too.

In addition, to the important and famous, there are also the quirky and unique things that make Manitoba, well, Manitoba. Things like the nine “disorganized” municipalities of Armstrong; Birch River; Chatfield; Fisher Branch; Kreuzberg; Piney; Sprague; Stuartburn; and Woodlea, now absorbed into Rural Municipalities (RM’s). When the Depression arrived in the 1930s, municipalities were faced with a sudden drop in tax receipts and many were forced to accept administration from the provincial government. Nine municipalities, located in the Interlake and southeast corner, allowed their government to lapse completely and have never reappeared in their old form. Even rarer than “ghost towns,” these former municipalities are, in effect, “ghost” municipalities, notes the Manitoba Historical Society.

So what makes the Order of Precedence of Manitoba so important? Well, for one thing it, it is useful for determining where dignitaries are seated at formal official dinners hosted by the Keystone Province in the capital of Winnipeg – or by analogy up here in Thompson – figuring out which table should go first and whose at the front of the line at a St. Lawrence Parish Hall social, Kokanee, or rye and Coke, or both in hand, for a midnight lunch of kielbasa, rye bread, Old Dutch barbecue potato chips, dill pickles and cheese.

So yeah, kind of important.

And so, ladies and gentlemen, without further ado, the Order Precedence of Manitoba, after Her Honour, and the premier, whose official title by the way is “president of the executive council of Manitoba,” better known as the premier and his cabinet:

• Chief Justice Richard J.F. Chartier of the Manitoba Court of Appeal;
• Former lieutenant-governors of Manitoba or surviving spouses in order of seniority in taking office;
• Former  presidents of the executive council of Manitoba in order of seniority in taking office;
• Members of the Privy Council of Canada resident in Manitoba by order of seniority of taking the oath of office;
• Members of the executive council of the Province of Manitoba in relative order of seniority of appointment;
• Chief Justice of the Court of Queen’s Bench Glenn Joyal;
• The Speaker of the Legislative Assembly of Manitoba;
• The puisne judges of the Manitoba Court of Appeal and of the Court of Queen’s Bench in relative order of seniority of appointment;
• The Leader of the Official Opposition in the Legislative Assembly of Manitoba;
• The Archbishop of St. Boniface, Albert LeGatt;
• The Bishop of Rupert’s Land; Donald Phillips;
• The Archbishop of Winnipeg, Richard Gagnon;
• The Metropolitan of the Ukrainian Orthodox Church;
• The Metropolitan of the Ukrainian Catholic Church:
• The President of the Manitoba Conference of the United Church of Canada;
• The chair of the Manitoba Conference of the Presbyterian Church in Canada;
• The Chair of other representatives persons of the following denominations as indicated below and whose person will be signified to the clerk of the executive council from time to time: Lutheran Church; Jewish Rabbi; The Mennonite Faith; The Baptist Church; The Salvation Army; The Pastors Evangelical Fellowship;
• Members of the House of Commons resident in Manitoba by order of seniority in taking office;
• Members of the legislative assembly of Manitoba in relative order of seniority in taking office;
• Provincial court judges in relative order of seniority of appointment;
• Magistrates in relative order of seniority of appointment;
• Members of the local consular corps in relative order of seniority of appointment;
• Mayors, reeves and elected local government administrators in relative order of date of taking office.

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Alain Huberdeau, senior partner with Law North LLP in Thompson, appointed a provincial court judge

Alain Huberdeau, left, senior partner with Law North LLP in Thompson, has been appointed pursuant to an order-in-council as a provincial court judge for Thompson by Manitoba NDP Attorney General Andrew Swan.

At right is Mario LeClerc, grand knight of Knights of Columbus Thompson Council #5961, presenting Huberdeau with a plaque last Dec. 7 from local Knights at the council’s annual awards banquet at St. Lawrence Parish Hall, honoring him, and his wife, Andree Catellier, with the 2013 “Family of the Year Award” for having “served as an inspiration to our parish, community and council by supporting and strengthening Christian family life.”

As well, last Jan. 24, the Manitoba Bar Association (MBA), gave Huberdeau its annual Community Involvement Award at its MBA Recognition Awards luncheon in Winnipeg.

Huberdeau, the second provincial court judicial appointment for Thompson in 2½ months, replaces Judge Murray Thompson, who has relocated to Winnipeg. Thompson, appointed a judge of the provincial court on March 26, 2003, served as associate chief judge of the provincial court for seven years, from Aug. 2, 2006 until Aug. 1, 2013.

On July 16, Swan appointed Catherine Louise Hembroff, who had served as supervising senior Crown attorney in The Pas, to the provincial court bench here to replace Judge Brian Colli, who retired at the end of May to relocate to  Cape Forchu, Nova Scotia, near Yarmouth. Colli graduated from Dalhousie University law school in Halifax and was admitted to the bar in 1979 and came to Thompson as a Crown attorney himself that same year. He was appointed a judge of the provincial court by order-in-council on Sept. 21, 1994.

Huberdeau and Hembroff are tentatively set to be officially sworn-in here Oct. 31. They join Judge Doreen Redhead, who also sits on the provincial court judge bench in Thompson. She was appointed to the provincial court on April 4, 2007. Redhead, from Fox Lake Cree Nation, was born in Churchill and is the first aboriginal woman appointed to the provincial court bench in Manitoba. She graduated from the University of Manitoba law school in 1996.

Huberdeau, who was called to the Manitoba bar in 1997, received his law degree from the French language Université de Moncton Faculty of Law,  one of only two law schools in Canada offering a common law legal education taught entirely in French, with the other law school being the University of Ottawa Faculty of Law. Huberdeau grew up in St. Lazare is in western Manitoba, close to the Saskatchewan provincial boundary, at the forks of the Assiniboine River and Qu’Appelle River.

Law North LLP, and its predecessor law firms here named after various partners here over the last 50 years since its establishment in 1964, has a distinguished history in having seven of its lawyers go onto serve on the bench as judges, including just in recent years, Colli, Thompson, and Malcolm McDonald, senior partner in the law firm, then known as McDonald Huberdeau, who was appointed as provincial court judge for The Pas by Swan on Feb. 3, 2010.

Manitoba Court of Appeal Justice Holly Beard, also a former city councillor, however, was appointed to the bench from the law firm then known as  Bancroft, Whidden, Mayer and Buzza, known now as Mayer, Dearman and Pellizzaro.   Beard initially received a federal order-in-council appointment as justice of the Court of Queen’s Bench for Manitoba on Nov. 27, 1992, and was elevated to the Manitoba Court of  Appeal on Sept. 9, 2009.  A 1970 graduate of R.D. Parker Collegiate, Beard graduated from law school at the University of Manitoba in 1977 and was called to the bar in 1978.

Her father, Gordon Beard, whom the arena is named after here, was elected as Progressive Conservative  MLA for the constituency of Churchill, which then included Thompson, in 1963. He was re-elected in 1966 but resigned from the Progressive Conservative Party and stepped down as an MLA in 1968, complaining that the government was neglecting Northern affairs. He ran as an independent in the 1969 provincial election, defeating three other candidates, to regain the Churchill seat in the legislature. Gordon Beard suffered a heart attack and died in office at the age of 51 on Nov. 12, 1972.

More recently as well,  Judge Ken Champagne, who became chief judge of the provincial court on July 9, 2009, and was appointed to the provincial bench in 2005, began his legal career by articling in the Crown attorney’s office here in 1993. For many years he worked in Thompson, and was for a time supervising senior Crown attorney.

Huberdeau has been active in the community, including through his work with Our Foundation Thompson, formerly known as the Thompson Community Foundation, which was formed in 1995. With the establishment of the Moffat Family Fund in Winnipeg in December 2001 and the decision the following year to make its grant money more widely available elsewhere in Manitoba, Our Foundation Thompson benefited from that and its resources have grown substantially since then. The Moffat family made their fortune in the cable television business. The foundation describes itself as a “savings account” created by gifts from current and former citizens, businesses and community organizations. The money in the foundation’s endowment is never spent, but managed to produce an annual return that can be invested in local projects and organizations.

Our Foundation Thompson will be holding its annual fall gala Sept. 27  – tomorrow night  – at St. Joseph’s Ukrainian Catholic Hall on Juniper Drive.

Huberdeau has also been an active member of Knights of Columbus Thompson Council #5961, chartered with 59 members on May 6, 1967.  The Knights of Columbus is a Catholic fraternal benefit organization headquartered in New Haven, Connecticut. Its origins date back to an Oct. 2, 1881 meeting organized by Father Michael J. McGivney, the assistant pastor at St. Mary’s Church in New Haven. The Knights of Columbus, made up of Father McGivney, Matthew C. O’Connor, Cornelius T. Driscoll, James T. Mullen, John T. Kerrigan, Daniel Colwell and William M. Geary, were officially chartered by the general assembly of the State of Connecticut on March 29, 1882, as a fraternal benefit society.

Huberdeau, a long-time member of the Knights of Columbus,  who was the incumbent  financial secretary for the local council, which largely serves the two parishes of St. Lawrence Roman Catholic Church on Cree Road and St. Joseph’s Ukrainian Catholic Church on Juniper Drive, is  tendering his resignation from that post because of his judicial appointment. He has also served previously as grand knight for Knights of Columbus Thompson Council #5961 and district deputy for District 5,  made up of councils in The Pas, Flin Flon and Thompson.

Manitoba provincial court judges earn an annual base salary of $230,155.

Huberdeau was selected from a list of candidates recommended by an independent judicial nominating committee, chaired by Champagne. The committee also included three community representatives, representatives of the Law Society of Manitoba, the Manitoba branch of the Canadian Bar Association and a provincial court judge in addition to Champagne.

Unlike superior court justices, such as Beard, judges from the Manitoba Court of Appeal and Court of Queen’s Bench, who are federally appointed, provincial court judges are provincially appointed by Swan upon the recommendation of the judicial nominating committee.

It was the responsibility of the judicial nominating committee to recommend to Swan a list of not fewer than three and not more than six names of individuals for the position to fill the vacancy created by Thompson’s departure.

Applicants must have practiced for not less than five years as a barrister and solicitor in Manitoba, be a member in good standing of The Law Society of Manitoba, and be entitled to practice as a barrister and solicitor in this province, or have other equivalent experience.

They hold office “during good behaviour” and must reside in the province.

Applicants must be willing to reside in Thompson, and be capable of and willing to travel by automobile and small aircraft to circuit courts throughout the province.

Judicial responsibilities include a caseload of criminal cases and child protection matters.

The Provincial Court Act establishes the provincial court of Manitoba. It is a court of record and has primarily a criminal jurisdiction, as well as limited concurrent jurisdiction with the Court of Queen’s Bench in family law matters that originate outside of Winnipeg. More than 95 per cent of all criminal cases in Manitoba commence in the provincial court.

After an individual is charged, the provincial court hears applications for judicial interim release, more commonly known as bail hearings, presides over first appearances for the accused, and holds preliminary hearings to determine whether there is sufficient evidence to order an accused to stand trial. The provincial court also hears all youth court cases in Manitoba.

In addition to cases under the Criminal Code and the Youth Criminal Justice Act, the provincial court hears cases under a variety of other federal statutes, such as: the Controlled Drugs and Substances Act, and hears all provincial statute cases, such as those under The Highway Traffic Act and The Liquor Control Act. The court also presides over inquests under The Fatality Inquiries Act, and reviews alleged police misconduct under The Law Enforcement Review Act.

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