Supreme Court of the Northwest Territories
Encyclopedia
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.
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. However, it continued to act for the Provinces of Saskatchewan and Alberta until finally being abolished in 1907.
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
.
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. The former stipendiary magistrates were appointed as the first judges of the new Supreme 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. The judges of the Court sat individually as trial judges. The full court sat en banc to hear appeals. 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. 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.
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 However, as a transitional measure, the federal Acts establishing Alberta and Saskatchewan provided that the Court continued to dispense justice in the new provinces. 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.
. 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.
John Howard Sissons
was the first judge of the second Supreme Court.
:
(With the recent retirement of Justice Vertes, there is a vacancy on the Court.)
- originated from the Supreme Court of the Northwest Territories through the Supreme Court of Alberta in 1907
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 Canadian territory of the Northwest Territories
Northwest Territories
The Northwest Territories is a federal territory of Canada.Located in northern Canada, the territory borders Canada's two other territories, Yukon to the west and Nunavut to the east, and three provinces: British Columbia to the southwest, and Alberta and Saskatchewan to the south...
, which have existed at different times.
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. However, it continued to act for the Provinces of Saskatchewan and Alberta until finally being abolished in 1907.
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
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...
. 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
Court of Appeal for the Northwest Territories
The Court of Appeal for the Northwest Territories is the highest appellate court which hears appeals from criminal cases and civil cases of the Supreme Court of the Northwest Territories....
.
Creation of the Court
Jurisdiction and Powers
The Court was a superior courtSuperior 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...
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. The judges of the Court sat individually as trial judges. The full court sat en banc to hear appeals. A further appeal lay 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...
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. They ceased to have this function when the Legislative Council was converted to a fully elected Legislative Assembly.
When the Yukon
Yukon
Yukon is the westernmost and smallest of Canada's three federal territories. It was named after the Yukon River. The word Yukon means "Great River" in Gwich’in....
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, AlbertaAlberta
Alberta is a province of Canada. It had an estimated population of 3.7 million in 2010 making it the most populous of Canada's three prairie provinces...
and 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....
, 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 However, as a transitional measure, the federal Acts establishing Alberta and Saskatchewan provided that the Court continued to dispense justice in the new provinces. 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. 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 justicesPuisne Justice
A Puisne Justice or Puisne Judge is the title for a regular member of a Court. This is distinguished from the head of the Court who is known as the Chief Justice or Chief Judge. The term is used almost exclusively in common law jurisdictions such as England, Australia, Kenya, Canada, Sri Lanka,...
. 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.
- Hugh Richardson (1887 - 1903)
- Edward Ludlow WetmoreEdward Ludlow WetmoreEdward 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...
(1887 - 1907) - David Lynch ScottDavid Lynch ScottDavid Lynch Scott was a Canadian militia officer, lawyer, and judge. He served as mayor of Orangeville, Ontario from 1878 to 1880 and mayor of Regina, Saskatchewan from 1884 to 1885.-Early life:...
(1894 - 1907) - Horace HarveyHorace HarveyHorace Harvey was a lawyer, jurist, and a Chief Justice of Alberta, Canada.-Early and Family Life:...
(1904 - 1907) - James MacleodJames MacleodLieutenant-Colonel James Farquharson Macleod , born in Drynoch, Isle of Skye, Scotland, was a militia officer, lawyer, NWMP officer, magistrate, judge, and politician in Alberta. He served as the second Commissioner of the North-West Mounted Police, from July 22, 1876, to October 31, 1880...
- James Prendergast
- Charles RouleauCharles RouleauCharles Borromée Rouleau was a 19th-century Canadian politician, lawyer, judge and writer...
(February 18, 1888 - August 25, 1901), Northern Alberta Judicial District
Creation of the Courrt
In 1955, the federal Parliament re-created a superior court of record for the Northwest Territories, known originally as the Territorial Court. 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
John Sissons
John Howard Sissons was a barrister, author, judge and a Canadian federal politician.-Early life:Sissons was born in Orillia, Ontario and, at the age of four, contracted polio, which injured his leg and he walked with a limp for the rest of his life...
was the first judge of the second Supreme Court.
Current Judges
The court currently consists of four judges residing in YellowknifeYellowknife, Northwest Territories
Yellowknife is the capital and largest city of the Northwest Territories , Canada. It is located on the northern shore of Great Slave Lake, approximately south of the Arctic Circle, on the west side of Yellowknife Bay near the outlet of the Yellowknife River...
:
- The Honourable Justice J. Edward RichardTed RichardJ. Edward "Ted" Richard is a former territorial level politician, lawyer and senior judge of the Supreme Court of the Northwest Territories. Richards, a former lawyer, was a partner in the law firm of Richard, Vertes, Peterson & Schuler in Yellowknife, Northwest Territories...
- The Honourable Justice Virginia A. Schuler
- The Honourable Justice Louise A.M. Charbonneau
(With the recent retirement of Justice Vertes, there is a vacancy on the Court.)
Past Judges
- John Howard SissonsJohn SissonsJohn Howard Sissons was a barrister, author, judge and a Canadian federal politician.-Early life:Sissons was born in Orillia, Ontario and, at the age of four, contracted polio, which injured his leg and he walked with a limp for the rest of his life...
, appointed 1955 - William Morrow
- John Z. Vertes (1991 - July 1, 2011)
- T. David Marshall, appointed 1982
See also
Court of Queen's Bench of AlbertaCourt of Queen's Bench of Alberta
The Court of Queen's Bench of Alberta is the superior court of the Canadian province of Alberta....
- originated from the Supreme Court of the Northwest Territories through the Supreme Court of Alberta in 1907