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British Columbia Court of Appeal

British Columbia Court of Appeal
Coat of Arms
Established1909
LocationVancouver (central registry), Victoria, Kamloops and Kelowna
Authorized byCourt of Appeal Act, 1996
Number of positions15
WebsiteCourt of Appeal
Chief Justice
CurrentlyLeonard Marchand
SinceDecember 8, 2023

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.

Jurisdiction

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.

Composition

The BCCA consists of 15 justices (including a chief justice) in addition to 9 supernumerary justices.[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.

Procedure

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 tabs, 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. King'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.

All courts in the province of British Columbia display the Arms of His Majesty in Right of the United Kingdom, as a symbol of its judiciary.[2]

Courthouse

The court moved from its previous location (what is now the Vancouver Art Gallery) to the present Arthur Erickson designed Vancouver Law Courts in 1980. One of the courtrooms from the old courthouse was reconstructed in the new building; when in session, a division of the court will often preside in this Heritage Courtroom (Courtroom 50).

Current justices

Name Appointed Nominated by Prior position
Chief Justice Leonard Marchand December 8, 2023 (as Chief Justice)
March 24, 2021 (as Justice)
Trudeau Supreme Court of British Columbia (June 21, 2017 to March 24, 2021)
Provincial Court of British Columbia (September 3, 2013 to June 21, 2017)
Mr. Justice David C. Harris April 10, 2012 Harper Supreme Court of British Columbia (March 19, 2010 to April 5, 2012)
Mr. Justice Peter M. Willcock June 7, 2013 Harper Supreme Court of British Columbia (June 19, 2009 to June 6, 2013)
Madam Justice Lauri Ann Fenlon June 26, 2015 Harper Supreme Court of British Columbia (January 31, 2008 to June 26, 2015)
Madam Justice Susan A. Griffin[3] February 7, 2018 Trudeau Supreme Court of British Columbia (February 20, 2008 to February 7, 2018)
Mr. Justice Patrice Abrioux March 8, 2019 Trudeau Supreme Court of British Columbia (September 30, 2011 to March 8, 2019)
Madam Justice Joyce DeWitt-Van Oosten May 6, 2019 Trudeau Supreme Court of British Columbia (October 20, 2016 to May 6, 2019)
Mr. Justice Peter Voith September 9, 2020 Trudeau Supreme Court of British Columbia (January 22, 2009 to September 9, 2020)
Madam Justice Karen Horsman April 20, 2022 Trudeau Supreme Court of British Columbia (August 31, 2018 to April 20, 2022)
Mr. Justice Ronald Skolrood October 24, 2022 Trudeau Supreme Court of British Columbia (June 7, 2013 to October 24, 2022)
Madam Justice Janet Winteringham December 4, 2023 Trudeau Supreme Court of British Columbia (August 17, 2017 to December 4, 2023)

Supernumerary

Name Appointed Nominated by Prior position
Madam Justice Mary V. Newbury (Supernumerary) September 26, 1995 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 (Supernumerary) July 1, 1999 Chretien Supreme Court of British Columbia (December 23, 1991 to July 1, 1999)
Mr. Justice Harvey M. Groberman (Supernumerary) May 9, 2008 Harper Supreme Court of British Columbia (December 14, 2001 to May 8, 2008)
Madam Justice Elizabeth A. Bennett (Supernumerary) May 14, 2009 Harper Supreme Court of British Columbia (August 27, 1997 to May 13, 2009)
Madam Justice Sunni Stromberg-Stein (Supernumerary) June 7, 2013 Harper Supreme Court of British Columbia (February 16, 1996 to June 6, 2013)
Provincial Court (December 4, 1989 to February 16, 1996)
Madam Justice Gail M. Dickson (Supernumerary) September 1, 2015 Harper Supreme Court of British Columbia (December 15, 2006 to July 28, 2015)
Madam Justice Barbara L. Fisher (Supernumerary) September 15, 2017 Trudeau Supreme Court of British Columbia (November 26, 2004 to September 15, 2017)
Mr. Justice Bruce Butler (Supernumerary) August 31, 2018 Trudeau Supreme Court of British Columbia (March 30, 2007 to August 31, 2018)
Mr. Justice Christopher Grauer (Supernumerary) December 20, 2019 Trudeau Supreme Court of British Columbia (April 11, 2008 to December 20, 2019)

Chief justices

Since 1929, the Chief Justice of the BCCA has had the rank of Chief Justice of British Columbia.

Past justices

Name Duration Nominated by Prior position
Mr. Justice P.D. Lowry [4] June 30, 2003 - 2018 Chretien Supreme Court of British Columbia
Madam Justice Kathryn E. Neilson May 9, 2008 - 2016 Stephen Harper (BCCA) Supreme Court of British Columbia
Christopher E. Hinkson (2010-2013)
Jo-Ann E. Prowse (1992-2013)
Catherine Anne Ryan (1994-2013)
Lance Finch (Chief Justice) (1993-2013)
M. Anne Rowles (1991-2011)
Carol Mahood Huddart (1996-2011)
Kenneth C. Mackenzie (1998-2011)
Ronald I. Cheffins (1985-1987) [5]
Allan D. Thackray (2001-2007)
M.F. Southin (1988-2006)
Thomas R. Braidwood (1996-2005)
William A. Esson (1983-1989) (1996-2005) (Chief Justice, B.C. Supreme Court 1989-1996)
Wallace T. Oppal (2003-2005)
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[6]
Robert J. Bauman June 16, 2013 - October 1, 2023 Harper 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)

References

  1. ^ NUMBER OF FEDERALLY APPOINTED JUDGES AS OF JULY 1, 2018, www.fja.gc.ca
  2. ^ judiciary[permanent dead link]
  3. ^ "Government of Canada announces judicial appointments in the province of British Columbia". gcnws. Canada Department of Justice. February 7, 2018.
  4. ^ "The Honourable Madam Justice Mary Newbury Supernumerary" (PDF). Vol. 49. The Advocate. Retrieved July 10, 2018.
  5. ^ "UBC Faculty of Law - the British Columbia Court of Appeal celebrates its centenary in 2010". Archived from the original on July 6, 2011. Retrieved January 17, 2011.
  6. ^ "BRITISH COLUMBIA JUDICIAL APPOINTMENTS ANNOUNCED". Archived from the original on November 11, 2003. Retrieved April 14, 2019.

Further reading

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British Columbia Court of Appeal
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