The Court of Appeal for Saskatchewan (frequently referred to as Saskatchewan Court of Appeal or Sask. CA) is the highest superior appeal court in the province of Saskatchewan

Saskatchewan

Saskatchewan is a prairie province in Canada, which has an area of . Saskatchewan is bordered on the west by Alberta, on the north by the Northwest Territories, on the east by Manitoba, and on the south by the U.S. states of Montana and North Dakota....

, Canada

Canada

Canada is a North American country consisting of ten provinces and three territories. Located in the northern part of the continent, it extends from the Atlantic Ocean in the east to the Pacific Ocean in the west, and northward into the Arctic Ocean...

. It hears appeals from the Court of Queen's Bench for Saskatchewan

Court of Queen's Bench for Saskatchewan

The Court of Queen's Bench of Saskatchewan is the superior trial court for the Canadian province of Saskatchewan. The Court hears civil and criminal law cases. It is a court of inherent jurisdiction and there is no monetary limit on the claims which it may hear. It also has original jurisdiction...

 as well as the Provincial Court of Saskatchewan

Provincial Court of Saskatchewan

The Provincial Court of Saskatchewan is one of the courts in the judicial system of Saskatchewan. It is a court of limited jurisdiction, hearing criminal charges and civil claims up to $20,000.- Statutory Basis for the Provincial Court :...

 and administrative tribunals. The Court is based in Regina, Saskatchewan

Regina, Saskatchewan

Regina is the capital city of the Canadian province of Saskatchewan. The city is the second-largest in the province and a cultural and commercial centre for southern Saskatchewan. It is governed by Regina City Council. Regina is the cathedral city of the Roman Catholic and Romanian Orthodox...

 and consists of the chief justice, six other full-time justices, and a varying number of supernumerary justices. It has general appellate jurisdiction, a limited original jurisdiction, and an advisory opinion jurisdiction, known in Canada as a reference question

Reference question

In Canadian law, a Reference Question is a submission by the federal or a provincial government to the courts asking for an advisory opinion on a major legal issue. Typically the question concerns the constitutionality of legislation....

. Appeals lie from the Court of Appeal to the Supreme Court of Canada

Supreme Court of Canada

The Supreme Court of Canada is the highest court of Canada and is 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, and its decisions...

.

History of the Court

The Court of Appeal was created on March 1, 1918, upon the coming into force of The Court of Appeal Act of 1915. Prior to that date, there was a single superior court for Saskatchewan, known as the Supreme Court of Saskatchewan, which had both appellate and trial jurisdiction. Individual members of the Supreme Court sat as trial judges, while the full Supreme Court ourt (also known at the Supreme Court en banc) heard appeals. The 1915 legislation split the appellate functions and the trial functions. The new Court of Appeal was established to take over the appellate function of the Supreme Court of Saskatchewan, and the new Court of King's Bench was created to take over the trial functions of the Supreme Court of Saskatchewan. The Supreme Court of Saskatchewan was abolished effective March 1, 1918.

Statutory Basis for the Court of Appeal

The Court of Appeal is currently governed by The Court of Appeal Act, 2000 / Loi de 2000 sur la Cour d'appel, which sets out the composition and jurisdiction of the Court. The Court is continued as a "superior court of record, having appellate jurisdiction."

Composition of the Court

The Court is composed of the Chief Justice, styled the "Chief Justice of Saskatchewan", and six other justices. There is also a supernumerary position for each postiion of justice of the Court, to allow justices with sufficient years of service to take semi-retirement, yet continuing to serve as needed. The justices are appointed by the Governor General of Canada, who acts upon the advice of the Prime Minister and Cabinet. The Constitution requires that the justices be members of the bar of Saskatchewan prior to their appointment. In addition, the federal Judges Act provides that a candidate for the judiciary must have either ten years' standing at the bar of any province, or a combination of ten years' standing at the bar and as a judge of a different court.

Their tenure of office is constitutionally protected, to ensure judicial independence

Judicial independence

Judicial Independence is the idea that the judiciary needs to be kept away from the other branches of government...

. The justices hold office during good behaviour until age 75, and can only be removed by the Governor General on a joint address passed by the federal House of Commons and Senate. The justices are paid by the federal government. The base salary of the Chief Justice of Saskatchewan is $254,600, while the six other justices have a base salary of $232,300 each.

General Appellate Jurisdiction

The general appellate jurisdiction of the Court is set out in s. 7 of the Act, which provides that there is a right of appeal from any decision of the Court of Queen's Bench (or from a decision of a judge of that court). There is also a right of appeal from any other court or tribunal where a right of appeal is conferred by statute. If another enactment provides that there is no appeal, or only a limited right of appeal, that other enactment prevails.

Interlocutory decisions of a lower court cannot be appealed as of right. A potential appellant in an interlocutory must seek leave to appeal, from either the Court of Appeal or from a single judge of the Court of Appeal in chambers. However, leave is not required to appeal interlocutory decisions of the lower court affecting the liberty of an individual, the custody of a minor, the granting or refusal of an injunction, or the appointment of a receiver.

The general appeal period is 30 days from the date of judgment of the lower court. For interlocutory matters, the leave to appeal period is 15 days. The Court or a judge of the Court may extend the appeal periods on application by a party.

Criminal Appellate Jurisdiction

Criminal law and criminal procedure are matters of exclusive jurisdiction of the federal Parliament. Appeals in criminal matters are governed by the appellate provisions of the Criminal Code, a federal statute. Indictable matters are appealed directly to the Court of Appeal, as set out in Part XXI of the Criminal Code. Appeals in summary conviction matters go first to the Queen's Bench, with a possible second appeal by leave to the Court of Appeal from the Queen's Bench, as set out in s. 839 of the Criminal Code.

Original Jurisdiction

The Court has a limited original jurisdiction, giving it the discretion to grant relief by way of a prerogative writ

Prerogative writ

Prerogative writs are a class of writs which originate from English law. Originally they were available only to the Crown, but later they were made available to the monarch's subjects through the courts.The prerogative writs are:*certiorari...

. The Court has held that since it is primarily a court of appeal, it will only entertain original applications for prerogative relief in extraordinary circumstances. It also has any original jurisdiction that is necessary or incidental to the hearing and determination of an appeal.

Reference Jurisdiction

Under The Constitutional Questions Act, the Government of Saskatchewan has the authority to refer questions of law

Reference question

In Canadian law, a Reference Question is a submission by the federal or a provincial government to the courts asking for an advisory opinion on a major legal issue. Typically the question concerns the constitutionality of legislation....

 to the Court of Appeal for the Court's advisory opinion.

Appeals to the Supreme Court

Appeals may be taken from the Court of Appeal to the Supreme Court of Canada either by right, by leave of the Supreme Court of Canada

Supreme Court of Canada

The Supreme Court of Canada is the highest court of Canada and is 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, and its decisions...

, or by leave of the Court of Appeal itself, depending on the nature of the case. Until 1949 appeals could further be taken from the Supreme Court of Canada to the Judicial Committee of the Privy Council

Judicial Committee of the Privy Council

The Judicial Committee of the Privy Council is one of the highest courts in the United Kingdom. Established by the Judicial Committee Act 1833 to hear appeals formerly heard by the King in Council The Judicial Committee of the Privy Council (JCPC) is one of the highest courts in the United...

 in the United Kingdom. Appeals could also be taken directly from the Court of Appeal to the Privy Council.

Current Justices

The current justices of the Court are:

Position	Name	Appointed	Nominated By	Position Prior to Appointment
Chief Justice	John Klebuc	2006	Harper	Court of Queen's Bench Court of Queen's Bench for Saskatchewan The Court of Queen's Bench of Saskatchewan is the superior trial court for the Canadian province of Saskatchewan. The Court hears civil and criminal law cases. It is a court of inherent jurisdiction and there is no monetary limit on the claims which it may hear. It also has original jurisdiction...
Justice	Stuart J. Cameron*	1981	Trudeau	Court of Queen's Bench Court of Queen's Bench for Saskatchewan The Court of Queen's Bench of Saskatchewan is the superior trial court for the Canadian province of Saskatchewan. The Court hears civil and criminal law cases. It is a court of inherent jurisdiction and there is no monetary limit on the claims which it may hear. It also has original jurisdiction...
Justice	William J. Vancise*	1983	Trudeau	Court of Queen's Bench Court of Queen's Bench for Saskatchewan The Court of Queen's Bench of Saskatchewan is the superior trial court for the Canadian province of Saskatchewan. The Court hears civil and criminal law cases. It is a court of inherent jurisdiction and there is no monetary limit on the claims which it may hear. It also has original jurisdiction...
Justice	Marjorie A. Gerwing*	1984		Lawyer at MacPherson Leslie and Tyerman
Justice	Nicholas W. Sherstobitoff*	1985	Mulroney	Chair, Saskatchewan Labour Relations Board
Justice	John Gary Lane*	1991	Mulroney	Minister of Justice and Attorney General for Saskatchewan
Justice	Georgina R. Jackson	1991	Mulroney	Lawyer at MacPherson Leslie and Tyerman
Justice	Robert G. Richards	2004	Martin	Lawyer at MacPherson Leslie and Tyerman
Justice	Gene Anne Smith*	2005	Martin	Court of Queen's Bench Court of Queen's Bench for Saskatchewan The Court of Queen's Bench of Saskatchewan is the superior trial court for the Canadian province of Saskatchewan. The Court hears civil and criminal law cases. It is a court of inherent jurisdiction and there is no monetary limit on the claims which it may hear. It also has original jurisdiction...
Justice	Ralph K. Ottenbreit	2009	Harper	Court of Queen's Bench Court of Queen's Bench for Saskatchewan The Court of Queen's Bench of Saskatchewan is the superior trial court for the Canadian province of Saskatchewan. The Court hears civil and criminal law cases. It is a court of inherent jurisdiction and there is no monetary limit on the claims which it may hear. It also has original jurisdiction...
Justice	Neal W. Caldwell	2010	Harper	Lawyer at McDougall, Gauley LLP
Justice	Maurice J. Herauf	2011	Harper	Court of Queen's Bench Court of Queen's Bench for Saskatchewan The Court of Queen's Bench of Saskatchewan is the superior trial court for the Canadian province of Saskatchewan. The Court hears civil and criminal law cases. It is a court of inherent jurisdiction and there is no monetary limit on the claims which it may hear. It also has original jurisdiction...

(An asterisk indicates that the justice has elected to take supernumerary status.)

Former Chief Justices of Saskatchewan

• The Honourable E. L. Wetmore
  Edward Ludlow Wetmore
  Edward Ludlow Wetmore was a Canadian judge and politician.Born in Fredericton, New Brunswick, the son of Charles Peters Wetmore and Sarah Burr Ketchum, he received a Bachelor of Arts degree from the University of New Brunswick in 1859. He was called to the New Brunswick bar in 1864. From 1874 to...
  
   (1907–1912)

• The Honourable Fredrick W. A. G. Haultain
  Frederick W. A. G. Haultain
  Sir Frederick William Alpin Gordon Haultain was a lawyer and a long serving Canadian politician and judge. His career in provincial and territorial legislatures stretched into four decades...
  
   (1912–1938)

• The Honourable William F. A. Turgeon
  William Ferdinand Alphonse Turgeon
  William Ferdinand Alphonse Turgeon, OC, PC was a Canadian politician and judge in the Province of Saskatchewan. He also served as a diplomat for the Government of Canada.- Early Life :...
  
   (1938–1941)

• The Honourable William M. Martin
  William Melville Martin
  William Melville Martin served as the second Premier of the Canadian province of Saskatchewan from 1916 to 1922....
  
   (1941–1961)

• The Honourable Emmett M. Hall
  Emmett Matthew Hall
  Emmett Matthew Hall, CC, QC was a Canadian jurist and civil libertarian and is considered one of the fathers of the Canadian system of Medicare....
  
   (1961–1962)

• The Honourable Edward M. Culliton
  E. M. Culliton
  Edward Milton Culliton, CC, SOM, KCSG was a member of Legislative Assembly of Saskatchewan and Chief Justice of Saskatchewan....
  
   (1962–1981)

• The Honourable Edward D. Bayda
  Edward Bayda
  Edward Dmytro Bayda was the Chief Justice of Saskatchewan, Canada and Chief Justice of the Province's Court of Appeal....
  
   (1981–2006)

Former Justices of the Court of Appeal

• The Honourable John H. Lamont
  John Henderson Lamont
  John Henderson Lamont was a Canadian lawyer, politician, and Justice of the Supreme Court of Canada....
  
   (1918–1927)

• The Honourable Edward L. Elwood (1918–1921)

• The Honourable Henry W. Newlands (1918–1921)

• The Honourable James McKay
  James McKay (Canadian politician)
  James McKay was a lawyer, judge and political figure in Saskatchewan, Canada. He represented Prince Albert in the Canadian House of Commons from 1911 to 1914 as a Conservative....
  
   (1921–1932)

• The Honourable William F. A. Turgeon
  William Ferdinand Alphonse Turgeon
  William Ferdinand Alphonse Turgeon, OC, PC was a Canadian politician and judge in the Province of Saskatchewan. He also served as a diplomat for the Government of Canada.- Early Life :...
  
   (1921–1938)*

• The Honourable William M. Martin
  William Melville Martin
  William Melville Martin served as the second Premier of the Canadian province of Saskatchewan from 1916 to 1922....
  
   (1922–1941)*

• The Honourable Phillip E. MacKenzie (1927–1946)

• The Honourable Percival H. Gordon
  Percival Gordon
  Percival H. Gordon, OC was a Canadian lawyer and a Justice of the Saskatchewan Court of Appeal.Born in Qu'Appelle, Northwest Territories of Scottish immigrant parents, he graduated with a Bachelor of Arts degree from the University of Toronto in 1905 and a Masters degree in 1906...
  
   (1935–1961)

• The Honourable Thomas Clayton Davis (1939–1948)

• The Honourable Hector Y. MacDonald (1941–1951)

• The Honourable Edward M. Culliton
  E. M. Culliton
  Edward Milton Culliton, CC, SOM, KCSG was a member of Legislative Assembly of Saskatchewan and Chief Justice of Saskatchewan....
  
   (1951–1962)*

• The Honourable Percy M. Anderson (1946–1948)

• The Honourable Arthur Thomas Procter (1948–1961)

• The Honourable Donald A. McNiven
  Donald McNiven
  Donald Alexander McNiven was a Canadian politician on the provincial and federal level. He was born in Walkerton, Ontario and became a barrister and judge.McNiven attended public and secondary schools at Virden, Manitoba...
  
   (1949–1961)

• The Honourable Percy H. Maguire (1962–1974)

• The Honourable Edward D. Bayda
  Edward Bayda
  Edward Dmytro Bayda was the Chief Justice of Saskatchewan, Canada and Chief Justice of the Province's Court of Appeal....
  
  (1974–1981)*

• The Honourable Mervyn J. Woods (1961–1984)

• The Honourable Roy N. Hall (1962–1989)

• The Honourable Russell Brownridge (1961–1988)

• The Honourable Raymond A. MacDonald (1981–1984)

• The Honourable Thomas C. Wakeling (1984–2000)

• The Honourable Calvin F. Tallis (1981–2005)

• The Honourable Darla C. Hunter (2007–2010)

(An asterisk indicates subsequently Chief Justice of Saskatchewan.)

External links

• website