Supreme Court of the Northwest Territories

Last updated

The Supreme Court of the Northwest Territories is the name of two different superior courts for the Canadian territory of the Northwest Territories, which have existed at different times.

Contents

The first Supreme Court of the North-West Territories was created in 1885. At that time, the North-West Territories included the territory which later became the Provinces of Alberta and Saskatchewan, as well as the Yukon Territory. The first Supreme Court lasted until abolished for territorial purposes in 1905; it continued to act temporarily for the Provinces of Saskatchewan and Alberta until replaced in 1907 by separate courts for each province.

The current Supreme Court of the Northwest Territories was created in 1955 and continues to operate today.

Both courts had general jurisdiction over matters of both civil and criminal law. The first Court was both the trial court and the appellate court, but the current Court is primarily a trial court, with appeals going to the Alberta Court of Appeal, sitting as the Court of Appeal for the Northwest Territories.

First Supreme Court (1885–1907)

Creation of the Court

Regina Courthouse of the Supreme Court of the North-West Territories, 2002 Victoria Avenue, c.1919 Courthouse, 2002 Victoria Avenue.jpg
Regina Courthouse of the Supreme Court of the North-West Territories, 2002 Victoria Avenue, c.1919

The first Supreme Court of the North-West Territories was created by the federal Parliament in 1885 to replace the system of individual stipendiary magistrates which had previously operated in the Territories. [1] The former stipendiary magistrates were appointed as the first judges of the new Supreme Court.

Jurisdiction and powers

The Court was a superior court of civil and criminal jurisdiction. The jurisdiction of the Court was defined by reference to the jurisdiction of the English courts which existed as of July 15, 1870, the date the North-West Territories became part of Canada. The Court had all the powers "... used, exercised and enjoyed by any of Her Majesty’s superior courts of common law, or by the Court of Chancery, or by the Court of Probate in England" as of that date. [2] The judges of the Court sat individually as trial judges. [3] The full court sat en banc to hear appeals. [4] A further appeal lay to the Supreme Court of Canada under The Supreme Court Act.

The judges of the Supreme Court were initially non-voting members of the Legislative Council of the North-West Territories, to provide legal advice to the Council. [5] They ceased to have this function when the Legislative Council was converted to a fully elected Legislative Assembly.

When the Yukon was created as a separate territory from the North-West Territories in 1898, the Supreme Court continued its jurisdiction over the territory as prescribed by the Yukon Act 1898.

Abolition of the Court

In 1905, Parliament created two new provinces, Alberta and Saskatchewan, from the southern portion of the North-West Territories. Parliament disestablished the Supreme Court in the Territories, and re-established a system of stipendiary magistrates for the North-West Territories [6] However, as a transitional measure, the federal Acts establishing Alberta and Saskatchewan provided that the Court continued to dispense justice in the new provinces. [7] [8] The Supreme Court lasted for two more years, until the provincial Legislatures created the Supreme Court of Alberta and the Supreme Court of Saskatchewan in 1907. The provincial legislation creating these courts also abolished the Supreme Court of the North-West Territories. Half of the judges of the Supreme Court were appointed to the Supreme Court of Alberta, and the other judges were appointed to the Supreme Court of Saskatchewan.

Judges of the Court

The judges of the Court were appointed by the Governor General, on the advice of the federal Cabinet. [9] There were originally three justices of the Court, but by the time of the abolition of the Court, it had grown to six justices: the Chief Justice and five puisne justices. [9] The justices held office on good behaviour, but were removable by the Governor General, on address by the House of Commons and Senate of Canada. [10]

Second Supreme Court (1955 to present)

Creation of the Court

In 1955, the federal Parliament re-created a superior court of record for the Northwest Territories, known originally as the Territorial Court. [11] The Territorial Court initially consisted of one judge appointed by the Governor-in-Council. The judge held office during good behaviour, until age 75, but was removable by the Governor-in-Council on address of the House of Commons and Senate.

John Howard Sissons was the first judge of the second Supreme Court.

Current judges

The court currently consists of four judges residing in Yellowknife:

Past judges

See also

Related Research Articles

The Canadian order of precedence is a nominal and symbolic hierarchy of important positions within the governing institutions of Canada. It has no legal standing, but is used to dictate ceremonial protocol.

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.

The Saskatchewan Act is an act of the Parliament of Canada which established the new province of Saskatchewan, effective September 1, 1905. Its long title is An Act to establish and provide for the government of the Province of Saskatchewan. The act received royal assent on July 20, 1905. The Saskatchewan Act is part of the Constitution of Canada.

In Canada, a separate school is a type of school that has constitutional status in three provinces and statutory status in the three territories. In these Canadian jurisdictions, a separate school is one operated by a civil authority—a separate school board—with a mandate enshrined in the Canadian Constitution or in federal statutes. In these six jurisdictions a civil electorate, composed of the members of the minority faith, elects separate school trustees according to the province's or territory's local authorities election legislation. These trustees are legally accountable to their electorate and to the provincial or territorial government. No church has a constitutional, legal, or proprietary interest in a separate school.

<span class="mw-page-title-main">Legislative Assembly of the Northwest Territories</span> Single house of legislature of the Northwest Territories

The Northwest Territories Legislative Assembly, or Legislative Council of the Northwest Territories, is the legislature and the seat of government of Northwest Territories in Canada. It is a unicameral elected body that creates and amends law in the Northwest Territories. Permanently located in Yellowknife since 1993, the assembly was founded in 1870 and became active in 1872 with the first appointments from the Government of Canada.

The Federal Court of Canada, which succeeded the Exchequer Court of Canada in 1971, was a national court of Canada that had limited jurisdiction to hear certain types of disputes arising under the federal government's legislative jurisdiction. Originally composed of two divisions, the Appellate Division and the Trial Division, in 2003 the Court was split into two separate Courts, the Federal Court and the Federal Court of Appeal. The court used facilities as the Supreme Court of Canada Building as well as Thomas D'Arcy McGee Building and registry office at 90 Elgin Street.

The Parliament of Canada has exclusive legislative authority over marriage and divorce in Canada under section 91(26) of the Constitution Act, 1867. However, section 92(12) of the Constitution Act, 1867 gives the provincial legislatures the power to pass laws regulating the solemnization of marriage.

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.

<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">Court of Appeal for Saskatchewan</span>

The Court of Appeal for Saskatchewan (SKCA) is a Canadian appellate court.

The Court of King's Bench for Saskatchewan is the superior trial court for the Canadian province of Saskatchewan.

The Court of Appeal for the Northwest Territories in Canada is the highest appellate court which hears appeals from criminal cases and civil cases of the Supreme Court of the Northwest Territories.

<span class="mw-page-title-main">Charles Rouleau</span> Canadian politician

Charles Borromée Rouleau was a 19th-century Canadian politician, lawyer, judge and writer. He served as stipendiary magistrate and justice of the Supreme Court of the North-West Territories, as well as legal advisor to the Northwest Territories Legislature.

<span class="mw-page-title-main">Outline of Canada</span> Overview of and topical guide to Canada

The following outline is provided as an overview of and topical guide to Canada:

<span class="mw-page-title-main">Hate speech laws in Canada</span> Canadian laws relating to hate speech

Hate speech laws in Canada include provisions in the federal Criminal Code, as well as statutory provisions relating to hate publications in three provinces and one territory.

The Court of Appeal of Alberta is a Canadian appellate court that serves as the highest appellate court in the jurisdiction of Alberta, subordinate to the Supreme Court of Canada.

<i>Reference Re Supreme Court Act, ss 5 and 6</i> Canadian constitutional law case – SCC

Reference ReSupreme Court Act, ss. 5 and 6, 2014 SCC 21 is a decision of the Supreme Court of Canada concerning the eligibility of members of the Quebec courts and the Quebec Bar to be appointed to the three seats on the Supreme Court reserved for Quebec. The case also considers the constitutional status of the Supreme Court, holding that the Court has been constitutionally entrenched by the Constitution Act, 1982, and that the composition of the Court, including eligibility for appointment, can only be amended by unanimous consent of the House of Commons, Senate and all provincial legislative assemblies.

<i>Constitution Act, 1886</i> Part of the Constitution of Canada

The Constitution Act, 1886 (UK), 58 & 59 Vict, c 35, is an Act of the Parliament of the United Kingdom that forms part of the Constitution of Canada. It was originally known as the British North America Act, 1886, but it was renamed Constitution Act, 1886 by the Constitution Act, 1982.

<span class="mw-page-title-main">Section 101 of the Constitution Act, 1867</span> Provision of the Constitution of Canada

Section 101 of the Constitution Act, 1867 is a provision of the Constitution of Canada giving the federal Parliament the power to create the Supreme Court of Canada and the federal courts. Although Parliament created the Supreme Court by an ordinary federal statute in 1875, the Court is partially entrenched by the amending formula set out in the Constitution Act, 1982. The composition of the Court can only be changed by a unanimous constitutional amendment, passed by the two houses of Parliament, and all of the provincial legislative assemblies.

References

  1. ↑ The North-West Territories Act , R.S.C. 1886, c. 50.
  2. ↑ The North-West Territories Act , s. 48.
  3. ↑ The North-West Territories Act s. 52.
  4. ↑ The North-West Territories Act s. 50.
  5. ↑ The North-West Territories Act , R.S.C. 1885, c. 50.
  6. ↑ The North-West Territories Amendment Act, 1905, S.C. 1905, c. 27, s. 8.
  7. ↑ Alberta Act , S.C. 1905, c. 3, s. 16.
  8. ↑ Saskatchewan Act , S.C. 1905, c. 42.
  9. 1 2 The North-West Territories Act , R.S.C. 1886, c. 50, s. 42
  10. ↑ The North-West Territories Act , R.S.C. 1886, c. 50, s. 46.
  11. ↑ An Act to amend the Judges Act, and the Judicature provisions of the Yukon Act and the Northwest Territories Act, S.C. 1955, c. 48, s. 9.
  12. ↑ "NORTHWEST TERRITORIES JUDICIAL APPOINTMENT ANNOUNCED". Archived from the original on 2003-11-11.
This page is based on this Wikipedia article
Text is available under the CC BY-SA 4.0 license; additional terms may apply.
Images, videos and audio are available under their respective licenses.