Court of Appeal of Newfoundland and Labrador

Last updated
Court of Appeal of Newfoundland and Labrador
Royal Coat of Arms of the United Kingdom (HM Government).svg
The Royal Arms as used by the Court of Appeal [1]
Established1791
Location St. John's
Authorised byJudicature Amendment Act, 1974
Number of positions6
Website court.nl.ca/appeal
Chief Justice
Currently Deborah Fry
SinceJune 22, 2018

The Court of Appeal of Newfoundland and Labrador is at the top of the hierarchy of courts for the Canadian province of Newfoundland and Labrador. The Court of Appeal derives its powers and jurisdiction from the Court of Appeal Act.

Contents

The independent Court of Appeal was established in 2018 and comprises the Chief Justice and five other justices. [2] At any given time there may be one or more additional justices who sit as supernumerary justices. [2] From 1975 until 2018 the Court of Appeal was constituted as the appeal division of the Supreme Court of Newfoundland and Labrador with judges appointed specifically to hear appeals from the General Division of the Supreme Court. Prior to 1975 both trial and appeals were carried out in the Supreme Court, where the individual judges routinely acted as a trial judges but, in the event of an appeal, would sit together (en banc) to hear it. [3]

The Court now hears appeals of all type from the Supreme Court of Newfoundland and Labrador's General Division and Family Division, the Provincial Court, and a number of boards and tribunals. Decisions are subject to final appeal to the Supreme Court of Canada. Prior to 1949, when Newfoundland became a province of Canada, final appeals passed to the Judicial Committee of the Privy Council, which was the highest court for the British Empire and Commonwealth. (For a list of Newfoundland decisions from the Judicial Committee, see: List of Newfoundland Cases of the Judicial Committee of the Privy Council (pre-1949)).

Current members

Position / NameAppointedNominated byPosition prior to appointment
Chief Justice Deborah Fry [4] 2018Trudeau Supreme Court of Newfoundland and Labrador (Trial Division)
Justice Francis P. O’Brien [5] 2017TrudeauDirector of Legal Education, Law Society of Newfoundland and Labrador
Justice Frances Knickle2021Trudeau Supreme Court of Newfoundland and Labrador (Trial Division)
Justice Daniel Boone2022Trudeau Supreme Court of Newfoundland and Labrador (Trial Division)
Justice Katherine O'Brien2022Trudeau Supreme Court of Newfoundland and Labrador (Trial Division)
Justice Glen Noel2024Trudeau Supreme Court of Newfoundland and Labrador (Trial Division)

Supernumerary

Position / NameAppointedNominated byPosition prior to appointment
Justice Lois R. Hoegg2010Harper Supreme Court of Newfoundland and Labrador (Trial Division)
Justice William H. Goodridge2018Trudeau Supreme Court of Newfoundland and Labrador (Trial Division)

List of chief justices

Source (1791–1880): [6]

Court of Civil Jurisdiction founded 1791 [7]
Supreme Court of Judicature of the Island of Newfoundland founded 1792 [8]
Supreme Court of Newfoundland founded 1824 [9]
Supreme Court of Newfoundland and Labrador Court of Appeal founded 1975.

NoNameAppointedPosition prior to appointmentNotes
25 Deborah Fry 22 June 2018 Supreme Court of Newfoundland and Labrador (Trial Division)
24 J. Derek Green 27 Mar 2009Became a Supernumerary Justice on 1 December 2017 [10]
23 Clyde Wells 1999Court of Appealto 2009
22 James R. Gushue 1996to 1998
21 Noel Goodridge [11] 17 Nov 1986
20 Arthur Samuel Mifflin 1979Chief Justice Trials Division
19 Robert Stafford Furlong [11] 1958
18Sir Albert Joseph Walsh [11] Sep 19491st Lieutenant-Governor
17Sir Lewis Edward Emerson 1944Commissioner for Defence
16Sir William Henry Horwood [12] 25 July 1902Minister of Justice and Attorney-General
15Sir Joseph Ignatius Little [13] 1898Judge
14Sir Frederick Bowker Terrington Carter 20 May 1880Prime Minister of Newfoundland
13Sir Hugh William Hoyles 4 March 1865Prime Minister and Attorney General
12Sir Francis Brady29 Nov 1847
11Thomas Norton5 Nov 1844
10 John Gervase Hutchinson Bourne 1838Removed from office, 1844
9 Henry John Boulton 1833Attorney General of Upper CanadaRemoved from office, 1844
8Richard Alexander Tucker1 Oct 1822
7 Sir Francis Forbes 4 Aug 1816Crown Law Officer in Bermuda left to be the first Chief Justice of the Supreme Court of New South Wales.
6 Caesar Colclough

1813

Chief Justice of Prince Edward Island
5Thomas Tremlett1804Naval OfficerExchanged for Colclough, 1813
4Jonathan Ogden1803Naval Officer
3Richard Routh1797Collector of CustomsDrowned at sea
2D'Ewes Coke1793Naval surgeon
1 John Reeves 1791Law Clerk to the Board of Trade (held concurrently)Sole judge; author of the Judicature Acts of 1791 and 1792

See also

References

  1. "Court of Appeal". Court of Appeal of Newfoundland and Labrador. Retrieved 26 June 2024.
  2. 1 2 NUMBER OF FEDERALLY APPOINTED JUDGES AS OF JULY 1, 2018, www.fja.gc.ca
  3. "History of the Court of Appeal". Law Courts of Newfoundland and Labrador. Archived from the original on 25 January 2016. Retrieved 10 October 2015.
  4. "Prime Minister announces appointment of new Chief Justice of Newfoundland and Labrador and new Associate Chief Justice of the Supreme Court of British Columbia". 22 June 2018. Retrieved 26 June 2018.
  5. "Government of Canada announces judicial appointment in the province of Newfoundland and Labrador". 9 June 2017. Retrieved 21 March 2018.
  6. Prowse, D.W. A History of Newfoundland from the English, Colonial and Foreign Records. p. 662.
  7. "Judicature Act, 1791: Primary Documents - Newfoundland and Labrador Heritage".
  8. "Judicature Act, 1792: Primary Documents - Newfoundland and Labrador Heritage".
  9. "Judicature Act, 1824: Primary Documents - Newfoundland and Labrador Heritage".
  10. Chief Justice Derek Green stepping down in December
  11. 1 2 3 Goodridge, Noel. "An Anecdotal History of the Newfoundland Supreme Court and Its Chief Justices" (PDF). Archived (PDF) from the original on 2016-03-04.
  12. "Judicial Appointments in Newfoundland". The Times. No. 36830. London. 26 July 1902. p. 7.
  13. http://faculty.marianopolis.edu/c.belanger/nfldhistory/Newfoundland%20biographies%20K-P.htm [ bare URL ]