Supreme Court of British Columbia

Last updated

Supreme Court of British Columbia
Royal Coat of Arms of the United Kingdom (Tudor crown).svg
The Royal Arms of the United Kingdom, used by the Supreme Court
Jurisdiction Flag of British Columbia.svg British Columbia
LocationCariboo; Kootenay; Nanaimo; Prince Rupert; Vancouver; Victoria; New Westminster; and Yale
Authorised bySupreme Court Act, 1996
Number of positions102
Website Supreme Court
Chief Justice
CurrentlyChristopher E. Hinkson
SinceNovember, 2013

The Supreme Court of British Columbia is the superior trial court for the province of British Columbia, Canada. The Court hears civil and criminal law cases as well as appeals from the Provincial Court of British Columbia. There are 90 judicial positions on the Court in addition to supernumerary judges, making for a grand total of 108 judges. [1] There are also 13 Supreme Court masters, who hear and dispose of a wide variety of applications in chambers. [2]

Contents

The court was established in 1859 as the "Supreme Court of the Mainland of British Columbia" to distinguish it from the "Supreme Court of Vancouver Island". The two courts merged in 1870 under the present name. [3]

Jurisdiction

The British Columbia Supreme Court is a court of record and has original jurisdiction in all cases, civil and criminal, arising in British Columbia. The Court has inherent jurisdiction under the Constitution of Canada, in addition to any jurisdiction granted to it by federal or provincial statute.

The Court has jurisdiction in any civil dispute, including those matters where the dollar amount involved is within the jurisdiction of the Small Claims division of the Provincial Court. Under the Criminal Code, the Court is included as a "superior court of criminal jurisdiction" meaning that it has exclusive jurisdiction for the trial of serious crimes within British Columbia.

The Court also hears some appeals from the Provincial Court and some administrative tribunals. Appeals from its own judgments are heard by the British Columbia Court of Appeal.

The Supreme Court is also responsible for call ceremonies for admitting lawyers and notaries public where the respective oath of office is administered by a justice. [4] [5]

Justices and masters

All justices of the Supreme Court (including the position of Chief Justice and Associate Chief Justice) are appointed by the federal cabinet, on recommendation of the Minister of Justice. All justices have full jurisdiction over any matter before the Court.

It is court protocol to refer to the judges of the Court as "justices". Prior to 2021, justices in the court were addressed as "my Lord" or "my Lady". As of 2021, by directive of the Chief Justice, the terms "my Lord" and "my Lady" are to be avoided. Rather, Justices are addressed as "Chief Justice", "Associate Chief Justice", "Justice", "Madam Justice" or "Mr. Justice" as context requires.

Masters are appointed by the provincial cabinet, on recommendation of the Attorney General in consultation with the Chief Justice. As provincial appointees, masters do not have inherent jurisdiction. Their jurisdiction is limited to those matters granted to them by statute and the Rules of Court. Masters preside in chambers, where they usually hear interlocutory applications and other pre-trial matters. Masters cannot hear civil trials and do not preside in criminal matters. In court, Masters were formerly addressed as "Master," but in a practice direction issued on September 6, 1991, then Chief Justice Esson advised the most appropriate form of address would be "your Honour". Masters also sit and hear matters as registrars, hearing such matters as assessments of solicitors fees and accounts.

Judicial districts

The Supreme Court sits in eight judicial districts called "counties". That is the only usage of "county" in British Columbia, which is a reference only to such court districts and has no similarity to the meaning in other provinces of Canada, the United States or United Kingdom. Prior to 1990, there existed in British Columbia a County Court, an intermediate court between the Provincial Court and the Supreme Court. In 1990, the County Court was merged with the Supreme Court, and its judges became justices of the Supreme Court. The judicial districts of the Supreme Court have the same boundaries of the counties of the former County Court. [6] The judicial districts are: Cariboo; Kootenay; Nanaimo; Prince Rupert; Vancouver Westminster; Victoria; and Yale. [7] Within each county, or judicial district, justices are resident in the following locations:

The Supreme Court also holds sittings in the following court locations for which there is not a resident justice: [6]

Chief Justices of the Supreme Court

Prior to 1909, when the British Columbia Court of Appeal was established, the Chief Justice of the Supreme Court was considered the Chief Justice of British Columbia.

Name [8] Duration
Christopher E. Hinkson2013–present
Robert James Bauman 2009–2013
Donald Ian Brenner 2000–2009
Bryan Williams 1996–2000
William A. Esson1989–1996
Beverley McLachlin (afterwards Chief Justice of Canada, 2000–2017)1988–1989
Allan McEachern (afterwards Chief Justice of BC Court of Appeal, 1988)1979–1988
Nathaniel Nemetz (afterwards Chief Justice of BC Court of Appeal, 1979)1973–1979
John Owen Wilson1963–1973
Sherwood Lett (afterwards Chief Justice of BC Court of Appeal, 1963)1955–1963
Wendell Burpee Farris (died 1955)1942–1955
Aulay MacAulay Morrison 1929–1942
Gordon Hunter1902–1929
Angus John McColl1898–1902
Theodore Davie 1895–1898
Matthew Baillie Begbie (incumbent Chief Justice of the Colony of British Columbia at the time B.C. joined Canada)1869–1894

Associate Chief Justices of the Supreme Court

Name [8] Duration
Heather J. Holmes2018–present
Austin F. Cullen2011–2017
Anne W. MacKenzie2010–2011
Patrick D. Dohm1995–2010

Related Research Articles

<span class="mw-page-title-main">Judge</span> Official who presides over court proceedings

A judge is a person who presides over court proceedings, either alone or as a part of a panel of judges. In an adversarial system, the judge hears all the witnesses and any other evidence presented by the barristers or solicitors of the case, assesses the credibility and arguments of the parties, and then issues a ruling in the case based on their interpretation of the law and their own personal judgment. A judge is expected to conduct the trial impartially and, typically, in an open court.

The Courts of England and Wales, supported administratively by His Majesty's Courts and Tribunals Service, are the civil and criminal courts responsible for the administration of justice in England and Wales.

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, which is restricted to civil cases involving monetary amounts with a specific limit, or criminal cases involving offenses of a less serious nature. A superior court may hear appeals from lower courts. For courts of general jurisdiction in civil law system, see ordinary court.

<span class="mw-page-title-main">District court</span> Category of courts

District courts are a category of courts which exists in several nations, some call them "small case court" usually as the lowest level of the hierarchy.

The court system of Canada is made up of many courts differing in levels of legal superiority and separated by jurisdiction. In the courts, the judiciary interpret and apply the law of Canada. Some of the courts are federal in nature, while others are provincial or territorial.

The Superior Court of Justice is a superior court in Ontario. The Court sits in 52 locations across the province, including 17 Family Court locations, and consists of over 300 federally appointed judges.

<span class="mw-page-title-main">Judiciary of Hong Kong</span> Law courts in the special administrative region of China

The Judiciary of the Hong Kong Special Administrative Region is the judicial branch of the Hong Kong Special Administrative Region. Under the Basic Law of Hong Kong, it exercises the judicial power of the Region and is independent of the executive and legislative branches of the Government. The courts in Hong Kong hear and adjudicate all prosecutions and civil disputes, including all public and private law matters.

The High Court of Ireland is a court which deals at first instance with the most serious and important civil and criminal cases. When sitting as a criminal court it is called the Central Criminal Court and sits with judge and jury. It also acts as a court of appeal for civil cases in the Circuit Court. It also has the power to determine whether or not a law is constitutional, and of judicial review over acts of the government and other public bodies.

The structure of the judiciary of Texas is laid out in Article 5 of the Constitution of Texas and is further defined by statute, in particular the Texas Government Code and Texas Probate Code. The structure is complex, featuring many layers of courts, numerous instances of overlapping jurisdiction, several differences between counties, as well as an unusual bifurcated appellate system at the top level found in only one other state: Oklahoma. Municipal Courts are the most active courts, with County Courts and District Courts handling most other cases and often sharing the same courthouse.

<span class="mw-page-title-main">British Columbia Court of Appeal</span> Court of appeal of the province of British Columbia in Canada

The British Columbia Court of Appeal (BCCA) is the highest appellate court in the province of British Columbia, Canada. It was established in 1910 following the 1907 Court of Appeal Act.

<span class="mw-page-title-main">Court of King's Bench of Alberta</span> Superior court of Alberta, Canada

The Court of King's Bench of Alberta is the superior trial court of the Canadian province of Alberta. During the reign of Elizabeth II, it was named Court of Queen's Bench of Alberta.

<span class="mw-page-title-main">Provincial Court of British Columbia</span>

The Provincial Court of British Columbia is a trial level court in British Columbia that hears cases in criminal, civil and family matters.

<span class="mw-page-title-main">Judiciary of England and Wales</span>

There are various levels of judiciary in England and Wales—different types of courts have different styles of judges. They also form a strict hierarchy of importance, in line with the order of the courts in which they sit, so that judges of the Court of Appeal of England and Wales are given more weight than district judges sitting in county courts and magistrates' courts. On 1 April 2020 there were 3,174 judges in post in England and Wales. Some judges with United Kingdom-wide jurisdiction also sit in England and Wales, particularly Justices of the United Kingdom Supreme Court and members of the tribunals judiciary.

A master is a judge of limited jurisdiction in the superior courts of England and Wales and in numerous other jurisdictions based on the common law tradition. A master's jurisdiction is generally confined to civil proceedings and is a subset of that of a superior court judge or justice. Masters are typically involved in hearing specialized types of trials, case management, and in some jurisdictions dispute resolution or adjudication of specific issues referred by judges.

<span class="mw-page-title-main">Judiciary of Oklahoma</span>

The Oklahoma Court System is the judicial system for the U.S. State of Oklahoma. Based in Oklahoma City, the court system is a unified state court system that functions under the Chief Justice of Oklahoma who is its administrator-in-chief.

<span class="mw-page-title-main">Oregon Judicial Department</span>

The Oregon Judicial Department (OJD) is the judicial branch of government of the state of Oregon in the United States. The chief executive of the branch is the Chief Justice of the Oregon Supreme Court. Oregon’s judiciary consists primarily of four different courts: the Oregon Supreme Court, the Oregon Tax Court, the Oregon Court of Appeals, and the Oregon circuit courts. Additionally, the OJD includes the Council on Court Procedures, the Oregon State Bar, Commission on Judicial Fitness and Disability, and the Public Defense Services Commission. Employees of the court are the largest non-union group among state workers.

<span class="mw-page-title-main">Judiciary of New York</span> Judicial branch of the New York state government

The Judiciary of New York is the judicial branch of the Government of New York, comprising all the courts of the State of New York.

<span class="mw-page-title-main">High Court of Justice</span> One of the Senior Courts of England and Wales

The High Court of Justice in London, known properly as His Majesty's High Court of Justice in England, together with the Court of Appeal and the Crown Court, are the Senior Courts of England and Wales. Its name is abbreviated as EWHC for legal citation purposes.

<span class="mw-page-title-main">Supreme Court of Mauritius</span> The Mauritius Supreme Court formed 1850

The Supreme Court of Mauritius is the highest court of Mauritius and the final court of appeal in the Mauritian judicial system. It was established in its current form in 1850, replacing the Cour d'Appel established in 1808 during the French administration and has a permanent seat in Port Louis. There is a right of appeal from the Supreme Court of Mauritius directly to the Judicial Committee of the Privy Council in London. The Judicial Committee of the Privy Council (JCPC) is the court of final appeal for Mauritius.

The Judiciary of Virginia is defined under the Constitution and law of Virginia and is composed of the Supreme Court of Virginia and subordinate courts, including the Court of Appeals, the Circuit Courts, and the General District Courts. Its administration is headed by the Chief Justice of the Supreme Court, the Judicial Council, the Committee on District Courts, the Judicial Conferences, the Judicial Inquiry and Review Commission, and various other offices and officers.

References

  1. NUMBER OF FEDERALLY APPOINTED JUDGES AS OF JULY 1, 2018, www.fja.gc.ca
  2. "BC Supreme Court "About us"" . Retrieved July 19, 2011.
  3. The Laws of British Columbia: Consisting of the Acts, Ordinances. p. 112.
  4. Call and Admission to the Bar
  5. Information on Becoming aBC Notary Public
  6. 1 2 "Supreme Court - Court Locations and Contacts". The Courts of British Columbia. Retrieved April 8, 2018.
  7. Supreme Court Act , RSBC 1996, c. 443, s. 8(1).
  8. 1 2 "Supreme Court - Members of the Supreme Court". www.courts.gov.bc.ca. Retrieved August 15, 2018.

Further reading