Supreme Court of British Columbia
Encyclopedia
The Supreme Court of British Columbia (BCSC) is the superior trial court
for the province
of British Columbia
. The BCSC hears civil
and criminal law
cases as well as appeals from the Provincial Court of British Columbia
. Including supernumerary judges
, there are presently 108 judges. There are also 13 Supreme Court masters
who hear and dispose of a wide variety of applications in chambers.
, having original jurisdiction
in all cases, civil and criminal, arising in British Columbia. The BCSC has inherent jurisdiction
under the Constitution of Canada
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.
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 Anne MacKenzie
.
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 practice direction issued on September 6, 1991, then Chief Justice Esson advised the most appropriate form of address would be "Your Honour". Masters also sit and hear matters as registrars, hearing such matters as assessments of solicitors fees and accounts.
". 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. Prior to 1990, there existed in British Columbia a County Court
, an intermediate court between the Provincial Courtand the BCSC. In 1990, the County Court of B.C. merged with the BCSC and its judges became justices of the BCSC. The judicial districts of the Supreme Court have the same boundaries of the counties of the former County Court.
The judicial districts are: 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". 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
.
Superior court
In common law systems, a superior court is a court of general competence which typically has unlimited jurisdiction with regard to civil and criminal legal cases...
for the province
Provinces and territories of Canada
The provinces and territories of Canada combine to make up the world's second-largest country by area. There are ten provinces and three territories...
of British Columbia
British Columbia
British Columbia is the westernmost of Canada's provinces and is known for its natural beauty, as reflected in its Latin motto, Splendor sine occasu . Its name was chosen by Queen Victoria in 1858...
. The BCSC hears civil
Civil law (common law)
Civil law, as opposed to criminal law, is the branch of law dealing with disputes between individuals or organizations, in which compensation may be awarded to the victim...
and criminal law
Criminal law
Criminal law, is the body of law that relates to crime. It might be defined as the body of rules that defines conduct that is not allowed because it is held to threaten, harm or endanger the safety and welfare of people, and that sets out the punishment to be imposed on people who do not obey...
cases as well as appeals from the Provincial Court of British Columbia
Provincial Court of British Columbia
The Provincial Court of British Columbia is a trial level court in British Columbia that hears cases in criminal, civil and family matters....
. Including supernumerary judges
Judge
A judge is a person who presides over court proceedings, either alone or as part of a panel of judges. The powers, functions, method of appointment, discipline, and training of judges vary widely across different jurisdictions. The judge is supposed to conduct the trial impartially and in an open...
, there are presently 108 judges. There are also 13 Supreme Court masters
Master (judiciary)
A Master is judicial officer found in the courts of England and in numerous other jurisdictions based on the common law tradition. A master's jurisdiction is generally confined to civil proceedings and is a subset of that of a judge. Masters are typically involved in hearing motions, case...
who hear and dispose of a wide variety of applications in chambers.
Jurisdiction
The BCSC is a court of recordCourt of record
In common law jurisdictions, a court of record is a judicial tribunal having attributes and exercising functions independently of the person of the magistrate designated generally to hold it, and proceeding according to the course of common law, its acts and proceedings being enrolled for a...
, having original jurisdiction
Jurisdiction
Jurisdiction is the practical authority granted to a formally constituted legal body or to a political leader to deal with and make pronouncements on legal matters and, by implication, to administer justice within a defined area of responsibility...
in all cases, civil and criminal, arising in British Columbia. The BCSC has inherent jurisdiction
Inherent jurisdiction
Inherent jurisdiction is a doctrine of the English common law that a superior court has the jurisdiction to hear any matter that comes before it, unless a statute or rule limits that authority or grants exclusive jurisdiction to some other court or tribunal...
under the Constitution of Canada
Constitution of Canada
The Constitution of Canada is the supreme law in Canada; the country's constitution is an amalgamation of codified acts and uncodified traditions and conventions. It outlines Canada's system of government, as well as the civil rights of all Canadian citizens and those in Canada...
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
Small claims court
Small-claims courts have limited jurisdiction to hear civil cases between private litigants. Courts authorized to try small claims may also have other judicial functions, and the name by which such a court is known varies by jurisdiction; it may be known as a county or magistrate's court...
division of the Provincial Court. Under the Criminal Code of Canada
Criminal Code of Canada
The Criminal Code or Code criminel is a law that codifies most criminal offences and procedures in Canada. Its official long title is "An Act respecting the criminal law"...
, 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 JusticeChief Justice
The Chief Justice in many countries is the name for the presiding member of a Supreme Court in Commonwealth or other countries with an Anglo-Saxon justice system based on English common law, such as the Supreme Court of Canada, the Constitutional Court of South Africa, the Court of Final Appeal of...
and Associate Chief Justice) are appointed by the federal
Government of Canada
The Government of Canada, formally Her Majesty's Government, is the system whereby the federation of Canada is administered by a common authority; in Canadian English, the term can mean either the collective set of institutions or specifically the Queen-in-Council...
cabinet
Cabinet of Canada
The Cabinet of Canada is a body of ministers of the Crown that, along with the Canadian monarch, and within the tenets of the Westminster system, forms the government of Canada...
, on recommendation of the Minister of Justice
Minister of Justice (Canada)
The Minister of Justice is the Minister of the Crown in the Canadian Cabinet who is responsible for the Department of Justice and is also Attorney General of Canada .This cabinet position is usually reserved for someone with formal legal training...
. All BCSC justices have full jurisdiction over any matter before the BCSC. The current Chief Justice is Justice Robert J. Bauman
Robert J. Bauman
Robert J. Bauman is the Chief Justice of the Supreme Court of British Columbia, appointed on September 9, 2009.-References:...
and the Associate Chief Justice is Anne MacKenzie
Anne MacKenzie (judge)
Anne MacKenzie is the Associate Chief Justice of the Supreme Court of British Columbia, appointed on April 26, 2010.MacKenzie graduated with a Bachelor of Arts in 1973 followed by a Bachelor of Laws in 1977 from the University of British Columbia in Vancouver.In 1990, she was appointed to the...
.
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
Executive Council of British Columbia
The Executive Council of British Columbia is the cabinet of that Canadian province....
, on recommendation of the Attorney General
Attorney General
In most common law jurisdictions, the attorney general, or attorney-general, is the main legal advisor to the government, and in some jurisdictions he or she may also have executive responsibility for law enforcement or responsibility for public prosecutions.The term is used to refer to any person...
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
Statute
A statute is a formal written enactment of a legislative authority that governs a state, city, or county. Typically, statutes command or prohibit something, or declare policy. The word is often used to distinguish law made by legislative bodies from case law, decided by courts, and regulations...
and the Rules of Court. Masters preside in chambers
Chambers (law)
A judge's chambers, often just called his or her chambers, is the office of a judge.Chambers may also refer to the type of courtroom where motions related to matter of procedure are heard.- United Kingdom and Commonwealth :...
, where they usually hear interlocutory
Interlocutory
Interlocutory is a legal term which can refer to an order, sentence, decree, or judgment, given in an intermediate stage between the commencement and termination of a cause of action, used to provide a temporary or provisional decision on an issue...
applications and other pre-trial
Trial (law)
In law, a trial is when parties to a dispute come together to present information in a tribunal, a formal setting with the authority to adjudicate claims or disputes. One form of tribunal is a court...
matters. Masters cannot hear civil trials and do not preside in criminal matters. In court, Masters were formerly addressed as "Master," but in a practice direction issued on September 6, 1991, then Chief Justice Esson advised the most appropriate form of address would be "Your Honour". Masters also sit and hear matters as registrars, hearing such matters as assessments of solicitors fees and accounts.
Judicial districts
The BCSC sits in eight judicial districts called "countiesCounties of British Columbia
In British Columbia, eight counties are created in the County Boundary Act.The counties are created for the administration of justice, and are not used in the administration of government...
". 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. Prior to 1990, there existed in British Columbia a County Court
County Court
A county court is a court based in or with a jurisdiction covering one or more counties, which are administrative divisions within a country, not to be confused with the medieval system of county courts held by the High Sheriff of each county.-England and Wales:County Court matters can be lodged...
, an intermediate court between the Provincial Courtand the BCSC. In 1990, the County Court of B.C. merged with the BCSC and its judges became justices of the BCSC. The judicial districts of the Supreme Court have the same boundaries of the counties of the former County Court.
The judicial districts are: 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". Within each county, or judicial district, justices are resident in the following locations: Chilliwack
Chilliwack, British Columbia
Chilliwack is a Canadian city in the Province of British Columbia. It is a predominantly agricultural community with an estimated population of 80,000 people. Chilliwack is the second largest city in the Fraser Valley Regional District after Abbotsford. The city is surrounded by mountains and...
; Cranbrook
Cranbrook, British Columbia
Cranbrook, British Columbia is a city in southeast British Columbia, located on the west side of the Kootenay River at its confluence with the St. Mary's River, It is the largest urban centre in the region known as the East Kootenay. As of 2006, Cranbrook's population is 18,267, and the...
; Kamloops; Kelowna
Kelowna
Kelowna is a city on Okanagan Lake in the Okanagan Valley, in the southern interior of British Columbia, Canada. Its name derives from a Okanagan language term for "grizzly bear"...
; Nanaimo; Nelson
Nelson, British Columbia
Nelson is a city located in the Selkirk Mountains on the extreme West Arm of Kootenay Lake in the Southern Interior of British Columbia, Canada. Known as "The Queen City", and acknowledged for its impressive collection of restored heritage buildings from its glory days in a regional silver rush,...
; New Westminster; Prince George
Prince George, British Columbia
Prince George, with a population of 71,030 , is the largest city in northern British Columbia, Canada, and is known as "BC's Northern Capital"...
; Prince Rupert
Prince Rupert, British Columbia
Prince Rupert is a port city in the province of British Columbia, Canada. It is the land, air, and water transportation hub of British Columbia's North Coast, and home to some 12,815 people .-History:...
; Victoria
Victoria, British Columbia
Victoria is the capital city of British Columbia, Canada and is located on the southern tip of Vancouver Island off Canada's Pacific coast. The city has a population of about 78,000 within the metropolitan area of Greater Victoria, which has a population of 360,063, the 15th most populous Canadian...
; and Vancouver
Vancouver
Vancouver is a coastal seaport city on the mainland of British Columbia, Canada. It is the hub of Greater Vancouver, which, with over 2.3 million residents, is the third most populous metropolitan area in the country,...
. The BCSC also holds sittings in the following court locations for which there is not a resident justice: Campbell River
Campbell River, British Columbia
Campbell River is a coastal city in British Columbia on the east coast of Vancouver Island at the south end of Discovery Passage, which lies along the important coastal Inside Passage shipping route...
; Courtenay
Courtenay, British Columbia
Courtenay is a city on the east coast of Vancouver Island, in the Canadian province of British Columbia. It is the largest city in the area commonly known as the Comox Valley, and it is the seat of the Comox Valley Regional District which replaced the Comox-Strathcona Regional District...
; Dawson Creek; Duncan
Duncan, British Columbia
Duncan is a city on southern Vancouver Island in British Columbia, Canada.-History:The community is named after William Chalmers Duncan . He arrived in Victoria in May 1862, then in August of that year he was one of the party of a hundred settlers which Governor Douglas took to Cowichan Bay...
; Fort Nelson
Fort Nelson, British Columbia
Fort Nelson is a town of approximately 5000 residents in British Columbia's northeastern corner. It is the administrative centre of the newly formed Northern Rockies Regional Municipality, a first for BC. The majority of Fort Nelson's economic activities have historically been concentrated in the...
; Fort St. John
Fort St. John, British Columbia
The City of Fort St. John is a city in northeastern British Columbia, Canada. A member municipality of the Peace River Regional District, the city covers an area of about 22 km² with 22,000 residents . Located at Mile 47, it is one of the largest cities along the Alaska Highway. Originally...
; Golden
Golden, British Columbia
Golden is a town in southeastern British Columbia, Canada, located west of Calgary, Alberta and east of Vancouver.-History:Much of the town's history is tied into the Canadian Pacific Railway and the logging industry...
; Penticton; Port Alberni; Powell River
Powell River, British Columbia
Powell River is a city on the northern Sunshine Coast of southwestern British Columbia, Canada. Most of its population lives near the eastern shores of Malaspina Strait, that part of the larger Georgia Strait between Texada Island and the Mainland...
; Quesnel
Quesnel, British Columbia
-Demographics:Quesnel had a population of 9,326 people in 2006, which was a decrease of 7.1% from the 2001 census count. The median household income in 2005 for Quesnel was $54,044, which is slightly above the British Columbia provincial average of $52,709....
; Revelstoke
Revelstoke, British Columbia
Revelstoke is a city in southeastern British Columbia, Canada. It is located east of Vancouver, and west of Calgary, Alberta. The city is situated on the banks of the Columbia River just south of the Revelstoke Dam and near its confluence with the Illecillewaet River...
, Rossland
Rossland, British Columbia
Rossland is a city in the West Kootenay region of British Columbia.Tucked high in the Monashee Mountains, Rossland is at an elevation of 1023 metres . Population today is approximately 3500; a number that fluctuates from season to season. The population is at its peak during the winter...
; Salmon Arm
Salmon Arm, British Columbia
-Climate:- Education :Public schools in Salmon Arm are part of School District 83 North Okanagan-Shuswap; within the city limits, there are currently five elementary schools , one middle school , and a secondary school with two campuses...
; Smithers
Smithers, British Columbia
Smithers is a town located in northwestern British Columbia, Canada, approximately halfway between Prince George and Prince Rupert. Smithers is located in the Regional District of Bulkley-Nechako....
; Terrace
Terrace, British Columbia
Terrace is a city on the Skeena River in British Columbia, Canada. The Kitselas people, a tribe of the Tsimshian Nation, have lived in the Terrace area for thousands of years. The community population fell between 2001 and 2006 from 12,109 with a regional population of 19,980 to 11,320 and...
; Vernon
Vernon, British Columbia
Vernon is a city in the south-central region of British Columbia, Canada. Named after Forbes George Vernon, a former MLA of British Columbia who helped found the famed Coldstream Ranch, the City of Vernon was incorporated on December 30, 1892. The City of Vernon has a population of 35,944 , while...
; and Williams Lake
Williams Lake, British Columbia
Williams Lake, is a city in the Central Interior of British Columbia, Canada. Located in the central part of a region known as the Cariboo, it is the largest urban centre between Kamloops and Prince George, with a population of 11,150 in city limits....
.