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Supreme Court of British Columbia

 
Wikipedia: Supreme Court of British Columbia
Supreme Court of British Columbia
UK Royal Coat of Arms.svg
Jurisdiction British Columbia, Canada Flag of British Columbia.svg
Location Cariboo; Kootenay; Nanaimo; Prince Rupert; Vancouver; Victoria; Westminster; and Yale
Authorized by Supreme Court Act
Number of positions 102
Website Supreme Court
Chief Justice
Currently Donald Brenner
Since May 12, 2000

The Supreme Court of British Columbia (BCSC) is the superior trial court for the Canadian province of British Columbia. The BCSC hears civil and criminal law cases as well as appeals from the Provincial Court of British Columbia. The court consists of ninety-nine justices and thirteen masters, resident throughout British Columbia.

Contents

Jurisdiction

The BCSC is a court of record, having original jurisdiction in all cases, civil and criminal, arising in British Columbia. The BCSC is a court of inherent jurisdiction, in addition to any jurisdiction granted to it by federal or provincial statute.

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

Justices and masters

All justices of the BCSC (including the position of Chief Justice and Associate Chief Justice) are appointed by the federal cabinet, on recommendation of the Minister of Justice. All BCSC justices have full jurisdiction over any matter before the BCSC. The current Chief Justice is Justice Robert J. Bauman and the Associate Chief Justice is Patrick D. Dohm.

It is court protocol to refer to BCSC judges as "justices", and in court to address to justices as “My Lord” or “My Lady," unlike in the Provincial Court (and the now-abolished County Court) where the term “judge” is used and the mode of address is (and was) "Your Honour."

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 droll practice direction issued by the Chief Justice[citation needed] it was indicated that the Masters considered that that mode of address was redolent of an "I Dream of Jeannie" re-run and they were henceforth to be addressed as “Your Honour”. Masters also sit and hear matters as registrars, hearing such matters as assessments of solicitors fees and accounts.

Prior to 1990, there existed in British Columbia a County Court, an intermediate court between the Provincial Court of British Columbia and the BCSC. In 1990, the County Court of B.C. merged with the BCSC and its judges became justices of the BCSC.

Judicial districts

The BCSC sits in eight judicial districts called counties: Cariboo; Kootenay; Nanaimo; Prince Rupert; Vancouver; Victoria; Westminster; and Yale. The Counties of Vancouver and Westminster are collectively one judicial district under the name of the "Vancouver Westminster Judicial District".[1][2]

Within each county, or judicial district, justices are resident in the following locations: Chilliwack; Cranbrook; Kamloops; Kelowna; Nanaimo; Nelson; New Westminster; Prince George; Prince Rupert; Victoria; and Vancouver.

The BCSC also holds sittings in the following court locations for which there is not a resident justice: Campbell River; Courtenay; Dawson Creek; Duncan; Fort Nelson; Fort St. John; Golden; Penticton; Port Alberni; Powell River; Quesnel; Revelstoke, Rossland; Salmon Arm; Smithers; Terrace; Vernon; and Williams Lake.

External links

References

  1. ^ British Columbia Supreme Court Act.
  2. ^ This 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 or in the United States or the United Kingdom.

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