Court of Appeal of Prince Edward Island

Last updated

The Court of Appeal of Prince Edward Island (also known as the Prince Edward Island Court of Appeal, and as PECA in legal abbreviation) is the appellate court for the Canadian province of Prince Edward Island, and thus the senior provincial court below the Supreme Court of Canada. As the number of appeals heard by the Supreme Court of Canada is extremely limited, the Court of Appeal is in practice the court of final appeal for most residents of Prince Edward Island.

Contents

The Court is composed of three judges, led by the Chief Justice of Prince Edward Island, currently David H. Jenkins. [1] At any given time there may be one or more additional justices who sit as supernumerary justices. [1] The Court of Appeal derives its jurisdiction from Prince Edward Island's Judicature Act , enacted in its current form in 2008.

History and functions

Prior to 2008 reforms that were formally implemented in 2009, the senior appellate body in Prince Edward Island was the Supreme Court of Prince Edward Island (Appeal Division). [2] With the passage of the Judicature Act, the Supreme Court was stripped of its appellate functions, now assigned to the Court of Appeal, while the Supreme Court of Prince Edward Island remained as a single-division superior court. All members of the former Appeal Division became the justices of the Court of Appeal.

The Court of Appeals hears appeals from the Provincial Court of Prince Edward Island on indictable criminal matters as well as appeals from decisions made by the Supreme Court of Prince Edward Island.

The Appeal Division sits in Charlottetown, Prince Edward Island, in the Sir Louis Henry Davies Law Courts. [3]

Pursuant to the Constitution Act, 1867 , the Court of Appeal is operated by the provincial government, while its justices are appointed by the Governor General of Canada, on the advice of the Prime Minister of Canada.

Current membership

PositionNameAppointedNominated byPosition prior to appointment
Chief Justice of PEIJames W. Gormley2022TrudeauJustice of the Supreme Court of PEI
JusticeMichele M. Murphy2007Harper
JusticeThomas Laughlin2023Trudeau
Supernumerary JusticeJohn K. Mitchell2013HarperJustice of the Supreme Court of PEI

Chief Justices of PEI

NameYearsPosition prior to appointmentNotes
David H. Jenkins2008–2022Justice of the Supreme Court of PEI
Gerard E. Mitchell [4] 2001–2008Supreme Court judge
Norman H. Carruthers1980–2001
Charles St. Clair Trainor 1970-?1978Queen's County Court judge
Thane Alexander Campbell [5] 1943–1970Premier of PEI, 1936-43
John Alexander Mathieson [6] 1917–1943Premier of PEI, 1911-17
William Wilfred Sullivan [7] 1889–1917Premier of PEI, 1878-89
Edward Palmer [8] 1874–1889Queen's County judge
Robert Hodgson [9] 1852–1874Lawyer
Edward James Jarvis [10] 1828–1852King's Assessor, Malta
Samuel George William Archibald [11] 1824–1828Attorney
Thomas Tremlett [12] 1813–1824Chief Justice of NewfoundlandExchanged for Colclough
Caesar Colclough [13] 1805–1813BarristerExchanged for Tremlett
Robert Thorpe [14] 1801–1804Irish lawyerCaptured by French at sea in 1804
Peter Stewart [15] 1775–1800Scottish Law Clerk
John Duport [15] ?–1775Died in Service

Related Research Articles

<span class="mw-page-title-main">Louis Henry Davies</span> 1870s Premier of PEI and Chief Justice of Canada from 1918 to 1924

Sir Louis Henry Davies was a Canadian lawyer, businessman and politician, and judge from the province of Prince Edward Island. In a public career spanning six decades, he served as the third premier of Prince Edward Island, a federal Member of Parliament and Cabinet minister, and as both a Puisne Justice and the sixth Chief Justice of Canada.

<span class="mw-page-title-main">Viceregal consort of Canada</span>

The viceregal consort of Canada is the spouse of the serving governor general of Canada, assisting the viceroy with ceremonial and charitable work, accompanying him or her to official state occasions, and occasionally undertaking philanthropic work of their own. As the host/hostess of the royal and viceroyal residence in Ottawa, the consort, if female, is also known as the chatelaine of Rideau Hall. This individual, who ranks third in the Canadian order of precedence, after the Canadian monarch and the governor general, is addressed as His or Her Excellency while their spouse is in office, and is made ex officio an Extraordinary Companion of the Order of Canada and a Knight or Dame of Justice of the Most Venerable Order of the Hospital of Saint John of Jerusalem.

<i>Kelly v Sulivan</i> Supreme Court of Canada case

Kelly v. Sulivan, 1876 CanLII 9, 1 SCR 3 was the first case heard by the Supreme Court of Canada. The Court answered the simple question of whether a case ruling from the Supreme Court of Judicature of Prince Edward Island could be appealed to a provincial appellate court. On the evidence available the Court found that there was insufficient records to prove that an appellate court for the province was ever created.

<span class="mw-page-title-main">Commander-in-Chief, North America</span>

The office of Commander-in-Chief, North America was a military position of the British Army. Established in 1755 in the early years of the Seven Years' War, holders of the post were generally responsible for land-based military personnel and activities in and around those parts of North America that Great Britain either controlled or contested. The post continued to exist until 1775, when Lieutenant-General Thomas Gage, the last holder of the post, was replaced early in the American War of Independence. The post's responsibilities were then divided: Major-General William Howe became Commander-in-Chief, America, responsible for British troops from West Florida to Newfoundland, and General Guy Carleton became Commander-in-Chief, Quebec, responsible for the defence of the Province of Quebec.

<span class="mw-page-title-main">Lot 35, Prince Edward Island</span> Township in Prince Edward Island, Canada

Lot 35 is a township in Queens County, Prince Edward Island, Canada. It is part of Bedford Parish. Lot 35 was awarded to Sir Alexander Maitland, 1st Baronet in the 1767 land lottery. It was sold in 1792 to John MacDonald of Glenaladale.

<span class="mw-page-title-main">Legislative Council of Upper Canada</span> Historical upper house of the province of Upper Canada

The Legislative Council of Upper Canada was the upper house governing the province of Upper Canada. Modelled after the British House of Lords, it was created by the Constitutional Act of 1791. It was specified that the council should consist of at least seven members. Members were appointed for life but could be dropped for non-attendance. The first nine members of the council were appointed on 12 July 1792. The speaker was usually the Chief Justice of the Court of King's Bench. The Legislative Council was dissolved on 10 February 1841 when Upper and Lower Canada were united into the Province of Canada. Some members were reappointed to the Legislative Council of the united Province.

<span class="mw-page-title-main">Île-Royale (New France)</span> 1713–1763 French colony in North America

Île-Royale was a French colony in North America that existed from 1713 to 1763. It consisted of two islands, Île Royale and Île Saint-Jean. It was ceded to the British Empire after the Seven Years' War, and is today part of Canada.

<span class="mw-page-title-main">Colony of British Columbia (1866–1871)</span> British possession in North America between 1866–1871

The Colony of British Columbia was a British Crown Colony that resulted from the amalgamation of the two former colonies, the Colony of Vancouver Island and the mainland Colony of British Columbia. The two former colonies were united in 1866, and the united colony existed until its incorporation into the Canadian Confederation in 1871.

<span class="mw-page-title-main">Thomas Andrew Lumisden Strange</span>

Sir Thomas Andrew Lumisden Strange was a chief justice in Nova Scotia, known for waging "judicial war" to free Black Nova Scotian slaves from their owners. From 1789 to 1797, he was the sixth Chief Justice of Nova Scotia. He became the first Chief Justice of the erstwhile Supreme Court of Madras and in that capacity was also the first Chief Justice of the Madras Presidency, British India from 1801 to 1817.

Isaac Deschamps was a Canadian judge, and politician.

David Higgins was a ship's captain, merchant, early settler and political figure on St John's Island.

The Council for the Affairs of the Province of Quebec, more commonly called the Legislative Council of Quebec, was an advisory body constituted by section XII of the Quebec Act of 1774. Together with the representative of the Crown, it acted, between 1774 and 1791, as the legislature of the old Province of Quebec.

<span class="mw-page-title-main">William Nesbitt (Nova Scotia politician)</span> Canadian politician

William Nesbitt was a lawyer and political figure in Nova Scotia. He served as a member of the Nova Scotia House of Assembly from 1758 to 1783.

The title of Chief Justice of Quebec is assumed by the chief justice of the Court of Appeal of Quebec. From 1849 to 1974 it was assumed by the Chief Justice from the Court of Queen's Bench or Court of King's Bench.

<span class="mw-page-title-main">Edward James Jarvis</span> Canadian lawyer, judge, and politician

Edward James Jarvis was a Canadian lawyer, judge, and politician.

<span class="mw-page-title-main">Nova Scotia Council</span> British administrative and judicial body in Nova Scotia

Formally known as "His Majesty's Council of Nova Scotia", the Nova Scotia Council (1720–1838) was the original British administrative, legislative and judicial body in Nova Scotia. The Nova Scotia Council was also known as the Annapolis Council and the Halifax Council. After 1749, when the judicial courts were established, the Nova Scotia Council was limited to administrative and legislative powers.

Helen "Nelly" MacDonald of Glenaladale was a Scottish-born estate manager in Prince Edward Island, Canada.

Bryan Finucane was an Irish-born lawyer who served as Chief Justice of Nova Scotia from 1778 to 1785.

References

  1. 1 2 NUMBER OF FEDERALLY APPOINTED JUDGES AS OF JULY 1, 2018, www.fja.gc.ca
  2. Act to overhaul higher courts in P.E.I. comes into effect Archived 2013-10-03 at archive.today , The Guardian, 17 January 2009.
  3. Sir Louis Henry Davies Law Courts, Government of Prince Edward Island Directory.
  4. "Retired Chief Justice Mitchell Appointed Police Commissioner". Office of the Police Commissioner. Archived from the original on 24 December 2015. Retrieved 12 October 2015.
  5. "Thane A. Campbell". Government of Prince Edward Island. Retrieved 12 October 2015.
  6. "John Alexander Mathieson". Government of Prince Edward Island. Retrieved 12 October 2015.
  7. MacBeath, Nancy MacNeill (1998). "Sullivan, Sir William Wilfred". In Cook, Ramsay; Hamelin, Jean (eds.). Dictionary of Canadian Biography . Vol. XIV (1911–1920) (online ed.). University of Toronto Press. Retrieved 12 October 2015.
  8. Robertson, Ian Ross (1982). "Palmer, Edward". In Halpenny, Francess G (ed.). Dictionary of Canadian Biography . Vol. XI (1881–1890) (online ed.). University of Toronto Press. Retrieved 12 October 2015.
  9. Robertson, Ian Ross (1972). "Hodgson, Sir Robert". In Hayne, David (ed.). Dictionary of Canadian Biography . Vol. X (1871–1880) (online ed.). University of Toronto Press. Retrieved 12 October 2015.
  10. Bumsted, J. M.; Holman, H. T. (1985). "Jarvis, Edward James". In Halpenny, Francess G (ed.). Dictionary of Canadian Biography . Vol. VIII (1851–1860) (online ed.). University of Toronto Press. Retrieved 12 October 2015.
  11. Beck, J. Murray (1988). "Archibald, Samuel George William". In Halpenny, Francess G (ed.). Dictionary of Canadian Biography . Vol. VII (1836–1850) (online ed.). University of Toronto Press. Retrieved 12 October 2015.
  12. Bumsted, J. M.; Holman, H. T. (1987). "Tremlett, Thomas". In Halpenny, Francess G (ed.). Dictionary of Canadian Biography . Vol. VI (1821–1835) (online ed.). University of Toronto Press. Retrieved 12 October 2015.
  13. Bumsted, J. M. (1987). "Colclough, Cæsar". In Halpenny, Francess G (ed.). Dictionary of Canadian Biography . Vol. VI (1821–1835) (online ed.). University of Toronto Press. Retrieved 12 October 2015.
  14. Patterson, G. H. (1988). "Thorpe, Robert". In Halpenny, Francess G (ed.). Dictionary of Canadian Biography . Vol. VII (1836–1850) (online ed.). University of Toronto Press. Retrieved 12 October 2015.
  15. 1 2 Bumsted, J. M. (1983). "Stewart, Peter". In Halpenny, Francess G (ed.). Dictionary of Canadian Biography . Vol. V (1801–1820) (online ed.). University of Toronto Press. Retrieved 12 October 2015.