Supreme Court of Newfoundland and Labrador (Court of Appeal)

Last updated
Court of Appeal of Newfoundland and Labrador
Royal Coat of Arms of the United Kingdom (HM Government).svg
Coat of Arms of the Supreme Court [1]
Established1975
Country Canada: Province of Newfoundland and Labrador Flag of Newfoundland and Labrador.svg
Location St. John's
Authorized byJudicature Amendment Act, 1974
No. of positions6
Website
Chief Justice
CurrentlyDeborah E. 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.

Newfoundland and Labrador Province of Canada

Newfoundland and Labrador is the most easterly province of Canada. Situated in the country's Atlantic region, it is composed of the insular region of Newfoundland and the continental region of Labrador to the northwest, with a combined area of 405,212 square kilometres (156,500 sq mi). In 2018, the province's population was estimated at 525,073. About 92% of the province's population lives on the island of Newfoundland, of whom more than half live on the Avalon Peninsula.

Contents

The independent Court of Appeal was established in 2018 and comprises the Chief Justice and 5 other justices. [2] At any given time there may be one or more additional justices who sit as supernumerary justices. [3] 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 Trial 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. [4]

Supreme Court of Newfoundland and Labrador

The Supreme Court of Newfoundland and Labrador is the superior court for the Canadian province of Newfoundland and Labrador. The Supreme Court of Newfoundland and Labrador has jurisdiction to hear appeals in both criminal and civil matters from the Supreme Court of Newfoundland and Labrador, Supreme Court of Newfoundland and Labrador, Provincial Court and designated boards and administrative tribunals.

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)).

Supreme Court of Canada highest court of Canada

The Supreme Court of Canada is the highest court of Canada, the final court of appeals in the Canadian justice system. The court grants permission to between 40 and 75 litigants each year to appeal decisions rendered by provincial, territorial and federal appellate courts. Its decisions are the ultimate expression and application of Canadian law and binding upon all lower courts of Canada, except to the extent that they are overridden or otherwise made ineffective by an Act of Parliament or the Act of a provincial legislative assembly pursuant to section 33 of the Canadian Charter of Rights and Freedoms.

Judicial Committee of the Privy Council judicial body in the United Kingdom

The Judicial Committee of the Privy Council (JCPC) is the highest court of appeal for certain British territories and Commonwealth countries. Established on 13 August 1833 to hear appeals formerly heard by the King-in-Council, the Privy Council formerly acted as the court of last resort for the entire British Empire, and continues to act as the highest court of appeal for several independent Commonwealth nations, the Crown Dependencies, and the British Overseas Territories.

Current members

Position / NameAppointedNominated byPosition Prior to Appointment
Chief Justice Deborah E. Fry [5] 2018Trudeau Supreme Court of Newfoundland and Labrador (Trial Division)
Justice Gale Welsh [6] 2001Chretien Supreme Court of Newfoundland and Labrador (Trial Division) (March 1999 to 2001)
Department of Justice in Newfoundland (1989 to 1999)
Saskatchewan Department of Justice (1984 to 1988)
Justice Charles W. White2009HarperLawyer at White, Ottenheimer & Baker
Justice Lois R. Hoegg2010Harper Supreme Court of Newfoundland and Labrador (Trial Division)
Justice Francis P. O’Brien [7] 2017TrudeauDirector of Legal Education, Law Society of Newfoundland and Labrador
Justice William H. Goodridge2018Trudeau Supreme Court of Newfoundland and Labrador (Trial Division)

Supernumerary

Position / NameAppointedNominated byPosition Prior to Appointment
Justice J. Derek Green (S)2009HarperChief Justice of the Supreme Court of Newfoundland and Labrador (Trial Division)
Justice Michael Harrington [8] 2009Harper Supreme Court of Newfoundland and Labrador (Trial Division) (2007 to 2009)
Private practice

List of Chief Justices

Source (1791–1880): [9]

Court of Civil Jurisdiction founded 1791 [10]
Supeme Court of Judicature of the Island of Newfoundland founded 1792 [11]
Supreme Court of Newfoundland founded 1824 [12]
Supreme Court of Newfoundland and Labrador Court of Appeal founded 1975.

NoNameAppointedPosition prior to AppointmentNotes
25Deborah Fry22 June 2018 Supreme Court of Newfoundland and Labrador (Trial Division)
24 J. Derek Green 27 Mar 2009Became a Supernumerary Justice on 1 December 2017 [13]
23 Clyde Wells 1999Court of Appealto 2009
22James R. Gushue1996to 1998
21Noel Goodridge [14] 17 Nov 1986
20 Arthur Samuel Mifflin 1979Chief Justice Trials Division
19Robert Stafford Furlong [15] 1958
18Sir Albert Joseph Walsh [16] Sep 19491st Lieutenant-Governor
17Sir Lewis Edward Emerson 1944Commissioner for Defence
16Sir William Henry Horwood [17] 25 July 1902Minister of Justice and Attorney-General
15Sir Joseph Ignatius Little [18] 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
10John Gervase Hutchinson Bourne1838Removed 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

Judicial appointmentsin Canada are made by the federal government or provincial government. Superior and federal court judges are appointed by federal government, while inferior courts are appointed by the provincial government.

The Provincial Court of Newfoundland and Labrador hears cases relating to criminal law and family law.

Notes

  1. The Court continues to use the Royal Arms of the United Kingdom to identify itself, though it achieved dominion status in 1907 and joined Canada as a province in 1949.
  2. NUMBER OF FEDERALLY APPOINTED JUDGES AS OF JULY 1, 2018, www.fja.gc.ca
  3. ibid.
  4. "History of the Court of Appeal". Law Courts of Newfoundland and Labrador. Retrieved 10 October 2015.
  5. "Prime Minister announces appointment of new Chief Justice of Newfoundland and Labrador and new Associate Chief Justice of the Supreme Court of British Columbia" . Retrieved 26 June 2018.
  6. "Queen's Counsel Appointments" . Retrieved 30 July 2018.
  7. "Government of Canada announces judicial appointment in the province of Newfoundland and Labrador" . Retrieved 21 March 2018.
  8. "3 lawyers appointed to Supreme Court bench" . Retrieved 30 July 2018.
  9. Prowse, D.W. A History of Newfoundland from the English, Colonial and Foreign Records. p. 662.
  10. http://www.heritage.nf.ca/lawfoundation/articles/doc5_1791judicature.html
  11. http://www.heritage.nf.ca/lawfoundation/articles/doc6_1792judicature.html
  12. http://www.heritage.nf.ca/lawfoundation/articles/doc7_1824judicature.html
  13. Chief Justice Derek Green stepping down in December
  14. http://www.lewisday.ca/ldlf_files/Anecdotal/anecdotal.pdf
  15. http://www.lewisday.ca/ldlf_files/Anecdotal/anecdotal.pdf
  16. http://www.lewisday.ca/ldlf_files/Anecdotal/anecdotal.pdf
  17. "Judicial Appointments in Newfoundland". The Times (36830). London. 26 July 1902. p. 7.
  18. http://faculty.marianopolis.edu/c.belanger/nfldhistory/Newfoundland%20biographies%20K-P.htm

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