British Columbia Court of Appeal
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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.
The BCCA hears appeals from the Supreme Court of British Columbia and a number of boards and tribunals. The BCCA also hears criminal appeals from the Provincial Court of British Columbia where the proceedings in that court were by indictment. It will hear summary conviction appeals from the Supreme Court on criminal matters that originated in the Provincial Court. Statute restricts appeals on civil matters from the Provincial Court (Small Claims) to the Supreme Court. However, some Provincial Court civil matters may come before the BCCA on very narrow matters having to do with questions of administrative law or other unusual circumstances.
The BCCA consists of 15 justices (including a Chief Justice) in addition to 9 of whom are supernumerary.[1] All justices of the BCCA (including the position of Chief Justice) are appointed by the federal government. The central registry for the BCCA is in Vancouver, where the BCCA holds most of its sittings. The BCCA also occasionally hears cases in Victoria, Kelowna, and Kamloops. The judges for the Court also double as judges for the Yukon Court of Appeal. Cases from Yukon are heard in both Vancouver and in Whitehorse.
A full division of the court consists of five justices; however, most cases are heard by a division of three justices. A single justice will preside over matters heard in ”chambers”, usually Interlocutory matters or applications for leave to appeal.
Unlike in Ontario where a sitting of the Court of Appeal is referred to as a "panel", in the BCCA a sitting of the Court is referred to as a "division".
Counsel appearing in the BCCA are required to "gown". This court dress is identical to that worn in the Supreme Court of British Columbia, and consists of a white wing collar with bands, along with a black bar jacket and black gown (some counsel will wear a black waistcoat and suit rather than a bar jacket). Male barristers will generally wear black or striped trousers, with female barristers wearing either trousers or a skirt. Queen's Counsel wear a more elaborate bar jacket as well as a silk gown. Court dress is not required for matters heard in Chambers, wherein standard business dress can be worn by both counsel and the sitting justice.
When the court moved from its previous location (what is now the Vancouver Art Gallery), one of the old courtrooms was reconstructed in the present Arthur Erickson designed Vancouver Law Courts. When in session, a division of the court will often preside in this Heritage Courtroom.
All courts in the Province of British Columbia display the Arms of Her Majesty in Right of the United Kingdom, as a symbol of its judiciaryTemplate:Dead link.
Current Justices
| Name | Appointed | Nominated By | Prior Position |
|---|---|---|---|
| Chief Justice Robert J. Bauman | June 16, 2013 | Stephen Harper (CJ) | Chief Justice of the Supreme Court of British Columbia (September 9, 2009 to June 16, 2013) Puisne Justice, British Columbia Court of Appeal (February 20, 2008 to September 9, 2009) Supreme Court Justice (June 20, 1996 to February 20, 2008) |
Madam Justice Mary V. Newbury[2]Cite error: Closing </ref> missing for <ref> tag
|
September 26, 1995 | Jean Chretien | Supreme Court of British Columbia (July 11, 1991 to September 26, 1995) Fraser & Beatty (1984 to 1991) Ladner Downs (1976 to 1984) |
| Madam Justice Mary E. Saunders [1] | July 1, 1999 | Jean Chretien | Supreme Court of British Columbia (December 23, 1991 to July 1, 1999) Campney & Murphy Called to bar (1975) |
| Mr. Justice S. David Frankel | May 10, 2007 | Stephen Harper | Supreme Court of British Columbia (March 2, 2007 to May 10, 2007) |
| Madam Justice Daphne M. Smith[3] | May 9, 2008 | Stephen Harper | Supreme Court of British Columbia (December 19, 1996 to May 8, 2008) |
Mr. Justice Harvey M. GrobermanCite error: Closing </ref> missing for <ref> tag
|
February 7, 2018 | Justin Trudeau | Supreme Court of British Columbia (February 20, 2008 to February 7, 2018) |
Supernumerary
| Name | Appointed | Nominated By | Prior Position |
|---|---|---|---|
| Mr. Justice Richard B.T. Goepel (Supernumerary) | November 8, 2013 | Stephen Harper | Supreme Court of British Columbia (September 27, 2001 to November 7, 2013) |
| Mr. Justice David Franklin Tysoe (Supernumerary) | June 22, 2007 | Stephen Harper | Supreme Court of British Columbia |
| Madam Justice Nicole J. Garson (Supernumerary) | May 14, 2009 | Stephen Harper | Supreme Court of British Columbia |
| Madam Justice Anne W. MacKenzie (Supernumerary) | December 31, 2011 | Stephen Harper | Supreme Court of British Columbia |
| Madam Justice Sunni Stromberg-Stein (Supernumerary) | June 7, 2013 | Stephen Harper | Supreme Court of British Columbia (February 16, 1996 to June 6, 2013) Provincial Court (December 4, 1989 to February 16, 1996) |
| Madam Justice Pamela A. Kirkpatrick (Supernumerary) | June 2, 2005 | Paul Martin | Supreme Court of British Columbia |
Chief Justices
The Chief Justice of the BCCA has the rank of Chief Justice of British Columbia,
- 2013–present Robert J. Bauman (13th Chief Justice)
- 2001–2013 Lance Finch
- 1988–2001 Allan McEachern
- 1979–1988 Nathaniel Nemetz
- 1973–1978 John Lauchlan Farris
- 1967–1972 Herbert Davey
- 1964–1967 Henry Bird
- 1963–1964 Sherwood Lett
- 1958–1963 Campbell DesBrisay
- 1944–1957 Gordon McGregor Sloan
- 1940–1941 Malcolm Archibald Macdonald
- 1937–1940 Archer Martin
- 1909–1937 James Alexander MacDonald
Past Justices
| Name | Duration | Nominated By | Prior Position |
|---|---|---|---|
| Mr. Justice P.D. Lowry [2] [2] | June 30, 2003 - 2018 | Chretien | Supreme Court of British Columbia (1991 to 2003) Campney & Murphy Called to bar (1971) |
Madam Justice Kathryn E. Neilson Cite error: Closing </ref> missing for <ref> tag
|
March 20, 1996 | Jean Chretien | BC Supreme Court (1987 to 1996) County Court (1981 to 1987) Bickler, Fast, Brown, Smith & Huddart (1975 to 1981) Called to bar (1975) |
| Kenneth C. Mackenzie (1998-2011) [3] | June 25, 1998 | Guild, Yule & Company Called to bar (1963) | |
| Ronald I. Cheffins (1985-1987) [4] | |||
| Allan D. Thackray (2001-2007) | |||
| M.F. Southin (1988-2006) | |||
| Thomas R. Braidwood (1996-2005)[5] | Braidwood, MacKenzie Call to bar (1957) | ||
| William A. Esson [6] (1983-1989) (1996-2005) (Chief Justice, B.C. Supreme Court 1989-1996) | Bull, Housser & Tupper | ||
| Wallace T. Oppal (2003-2005) [4] | |||
| John Douglas Lambert (1978-2005) | |||
| H.A. Hollinrake (1990-2004) | |||
| Patricia M. Proudfoot (1989-2002) | |||
| G.S. Cumming (1989-2001) | |||
| Allan McEachern (Chief Justice) (1988-2001) | |||
| D.B. Hinds (1990-1999) | |||
| D.M.M. ("Michael") Goldie (1991-1999) | |||
| A. B. Macfarlane (1982-1999) | |||
| R. J. Gibbs (1989-1999) | |||
| A.B.B. Carrothers (1973-1998) | |||
| H.P. Legg (1989-1997) | |||
| E.E. Hinkson (1977-1996) | |||
| H.E. Hutcheon (1980-1996) | |||
| Josiah Wood (1989-1996) | |||
| Samuel Toy (1988-1993) | |||
| Beverley McLachlin (1985-1988) | (Appointed puisne justice of the Supreme Court of Canada 1989-2000; appointed Chief Justice of Canada (2000–2017)) | ||
| Bryan Williams [7] | |||
| John Edward Hall [5] | |||
| Richard Thomas Albert Low [5] | Supreme court (1990 to 2000) County Court (1977 to 1990) Private practice Called to bar (1965) | ||
| Risa Levine [6] | Supreme Court (1995 to 2001) Called to bar (1978) | ||
| Kenneth J. Smith [7] | Supreme Court (1993 to 2001) Called to bar (1966) |
References
- ↑ NUMBER OF FEDERALLY APPOINTED JUDGES AS OF JULY 1, 2018, www.fja.gc.ca
- ↑ 2.0 2.1 https://historyproject.allard.ubc.ca/sites/historyproject.law.ubc.ca/files/profile/newbury_49advocatevancouver935.pdf
- ↑ https://web.archive.org/web/20080622203437/http://www.justice.gc.ca:80/eng/news-nouv/ja-nj/2008/doc_32253.html
- ↑ http://www.law.ubc.ca/news/2010/apr/04_20_2010_alumni.html
- ↑ 5.0 5.1 https://web.archive.org/web/20031111223643/http://www.justice.gc.ca:80/en/news/ja/1996/BC14.html
- ↑ https://web.archive.org/web/20031111224130/http://www.justice.gc.ca:80/en/news/ja/1996/BC13.html
- ↑ https://web.archive.org/web/20031111223629/http://www.justice.gc.ca:80/en/news/ja/1995/BC5.html