Court of Appeal of Alberta
Encyclopedia
The Court of Appeal of Alberta (frequently referred to as Alberta Court of Appeal or ACA) is an Canadian appellate court.

Jurisdiction and Hierarchy within Canadian Courts

The Court is the highest court
Court
A court is a form of tribunal, often a governmental institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil, criminal, and administrative matters in accordance with the rule of law...

 in Alberta
Alberta
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...

, 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 Alberta Court of Queen's Bench, the Provincial Court of Alberta
Provincial Court of Alberta
The Provincial Court of Alberta is a Provincial Court for the Canadian province of Alberta. The court oversees matters relating to criminal law, family law, youth law, civil law and traffic laws....

, and administrative boards and tribunals, as well as references
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....

 from the Lieutenant Governor
Lieutenant Governor of Alberta
The Lieutenant Governor of Alberta is the viceregal representative in Alberta of the Canadian monarch, Queen Elizabeth II, who operates distinctly within the province but is also shared equally with the nine other jurisdictions of Canada and resides predominantly in her oldest realm, the United...

 in Council (essentially the Alberta Cabinet
Executive Council of Alberta
The Executive Council of Alberta is the cabinet of that Canadian province.Almost always made up of members of the Legislative Assembly of Alberta, the Cabinet is similar in structure and role to the Cabinet of Canada while being smaller in size...

). Some administrative appeals may bypass the Court of Queen's Bench, commonly orders made by professional discipline boards under the Medical Profession Act, the Legal Profession Act, but also under the Energy Resources Conservation Act.

Appeals from the Court of Appeal lie with 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...

, Canada's court of last resort. Other than certain criminal matters, appeals to the Supreme Court of Canada are heard only by leave of that court. Since the Supreme Court denies leave in most cases, the Court of Appeal is the final court for most matters originating in Alberta.

Unlike the Court of Queen's Bench, the Court of Appeal has no 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...

 and therefore requires a statute to grant it the power to hear a matter before a panel is convened. As a court of a province, it is administered by the provincial government. Hearings are held exclusively in both the Edmonton and Calgary
Calgary
Calgary is a city in the Province of Alberta, Canada. It is located in the south of the province, in an area of foothills and prairie, approximately east of the front ranges of the Canadian Rockies...

 court buildings. Unlike other provinces (except Newfoundland and Labrador
Newfoundland and Labrador
Newfoundland and Labrador is the easternmost province of Canada. Situated in the country's Atlantic region, it incorporates the island of Newfoundland and mainland Labrador with a combined area of . As of April 2011, the province's estimated population is 508,400...

 and Ontario
Ontario
Ontario is a province of Canada, located in east-central Canada. It is Canada's most populous province and second largest in total area. It is home to the nation's most populous city, Toronto, and the nation's capital, Ottawa....

), the Alberta Court of Appeal displays a different Coat of Arms
Coat of arms
A coat of arms is a unique heraldic design on a shield or escutcheon or on a surcoat or tabard used to cover and protect armour and to identify the wearer. Thus the term is often stated as "coat-armour", because it was anciently displayed on the front of a coat of cloth...

 than its lower courts: the Coat of Arms of Canada
Coat of arms of Canada
The Arms of Canada is, since 1921, the official coat of arms of the Canadian monarch, and thus also of Canada...

.

History

The Court originated from the old Supreme Court of the Northwest Territories
Supreme Court of the Northwest Territories
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...

 which was replaced by the Supreme Court of Alberta in 1907 (shortly after Alberta became a province in 1905). The new Supreme Court of Alberta comprised a trial division and an appellate division (essentially, brother justices of the Supreme Court sitting en banc with a quorum of three).

The second Chief Justice of Alberta, Horace Harvey
Horace Harvey
Horace Harvey was a lawyer, jurist, and a Chief Justice of Alberta, Canada.-Early and Family Life:...

, supported an independent appellate court designed only to hear appeals. The Judicature Act enacted these changes in 1919, and it was proclaimed in 1921. It was not until 1979 that the Court changed its name to the "Court of Appeal of Alberta" through the Court of Appeal Act, at the same time that the Supreme Court Trial Division and the District Court were amalgamated and renamed the "Court of Queen's Bench of Alberta".

Composition

There are 15 justices on the bench including the chief justice, who is the highest judicial officer in the province and holds the position of Chief Justice of Alberta. As a section 96 court, the justices are appointed by the federal government
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...

 and may hold office until the age of 75. Some of the justices have elected supernumerary
Supernumerary
A Supernumerary is an additional member of an organization. A supernumerary is also a non-regular member of a staff, a member of the staff or an employee who works in a public office who is not part of the manpower complement...

 (part time or semi-retired) status. Occasionally, justices of the Court of Queen's Bench of Alberta sit on appeals. This is done at the request of a justice of the Court of Appeal. When this happens, these justices are sitting "ex officio", but they have the same powers and duties as other justices of the Court of Appeal.

Most cases are heard by a panel of three justices although the Chief Justice may convene a larger panel in exceptional circumstances. A single justice will preside over matters heard 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 :...

, usually 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...

 matters or applications for leave to appeal.

Association with the Northwest Territories

Justices of 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....

 are selected from the justices of the Court of Appeal of Alberta, Court of Appeal of Saskatchewan, and the judges and ex officio judges of the Supreme Court of the Northwest Territories. The current Chief Justice of Alberta, Catherine A. Fraser
Catherine Fraser
The Hon. Catherine Anne Fraser was appointed as Chief Justice of Alberta and Chief Justice of Northwest Territories in 1992. She was named as the Chief Justice of the Nunavut Court of Appeal on March 24, 1999.-Early years:...

, is also the Chief Justice of the Northwest Territories. Hearings are held in Yellowknife, but may be heard anywhere in the territories or in Alberta.

Current judges

Position Name Stationed In Appointed Nominated by Position Prior to Appointment
Chief Justice Catherine A. Fraser
Catherine Fraser
The Hon. Catherine Anne Fraser was appointed as Chief Justice of Alberta and Chief Justice of Northwest Territories in 1992. She was named as the Chief Justice of the Nunavut Court of Appeal on March 24, 1999.-Early years:...

N/A 1991
1992
Mulroney Court of Queen's Bench of Alberta
Court of Queen's Bench of Alberta
The Court of Queen's Bench of Alberta is the superior court of the Canadian province of Alberta....

 
Alberta Court of Appeal
Justice Jean E.L. Côté http://books.google.ca/books?id=YKfRprwXDboC&lpg=PA287&ots=MpXvWxtlM0&dq=Justice%20Jean%20E.L.%20C%C3%B4t%C3%A9&pg=PA287#v=onepage&q=&f=false Edmonton
Justice Carole M. Conrad http://books.google.ca/books?id=YKfRprwXDboC&lpg=PA275&ots=MpXvWxtoM0&dq=Justice%20Carole%20M.%20Conrad&pg=PA275#v=onepage&q=Justice%20Carole%20M.%20Conrad&f=false Calgary
Justice Elizabeth A. McFadyen http://www.cmac-cacm.ca/bios/mcfadyen_e.shtml Calgary 1983 Trudeau Court of Queen's Bench of Alberta
Court of Queen's Bench of Alberta
The Court of Queen's Bench of Alberta is the superior court of the Canadian province of Alberta....

Justice Ellen I. Picard http://www.law.ualberta.ca/documents/picard.pdf Edmonton 1995 Chretien Court of Queen's Bench of Alberta
Court of Queen's Bench of Alberta
The Court of Queen's Bench of Alberta is the superior court of the Canadian province of Alberta....

Justice Constance D. Hunt
Constance Hunt
Constance Darlene Hunt is a Canadian lawyer, legal academic, and judge.Born in Yorkton, Saskatchewan, she received a Bachelor of Arts degree in 1970 and a Bachelor of Law degree in 1972 from the University of Saskatchewan...

Calgary 1995 Chretien Court of Queen's Bench of Alberta
Court of Queen's Bench of Alberta
The Court of Queen's Bench of Alberta is the superior court of the Canadian province of Alberta....

Justice Ronald L. Berger http://www.law.ualberta.ca/centres/ccs/about/Ronald_Berger.php Edmonton 1996 Chretien Court of Queen's Bench of Alberta
Court of Queen's Bench of Alberta
The Court of Queen's Bench of Alberta is the superior court of the Canadian province of Alberta....

Justice Peter T. Costigan http://www.law.ualberta.ca/documents/costigan.pdf Edmonton 1999 Chretien Court of Queen's Bench of Alberta
Court of Queen's Bench of Alberta
The Court of Queen's Bench of Alberta is the superior court of the Canadian province of Alberta....

Justice Marina S. Paperny http://www.collectionscanada.gc.ca/webarchives/20071205201923/http://canada.justice.gc.ca/en/news/ja/2001/doc_25952.html Calgary 2001 Chretien Court of Queen's Bench of Alberta
Court of Queen's Bench of Alberta
The Court of Queen's Bench of Alberta is the superior court of the Canadian province of Alberta....

Justice Keith G. Ritter http://books.google.ca/books?id=KSPiKJQfTfoC&lpg=PA1149&ots=EFnBBNlVqD&dq=Keith%20G.%20Ritter%20Justice&pg=PA1149#v=onepage&q=Keith%20G.%20Ritter%20Justice&f=falsehttp://www.collectionscanada.gc.ca/webarchives/20071205221101/http://canada.justice.gc.ca/en/news/ja/2002/doc_30270.html Edmonton 2002 Chretien Court of Queen's Bench of Alberta
Court of Queen's Bench of Alberta
The Court of Queen's Bench of Alberta is the superior court of the Canadian province of Alberta....

Justice Clifton D. O'Brien http://www.justice.gc.ca/eng/news-nouv/ja-nj/2005/doc_31492.html Calgary 2005 Martin Lawyer at Bennett Jones LLP
Bennett Jones
Bennett Jones LLP is an international law firm with four offices in Canada and one each in Dubai and Abu Dhabi with a representative office in Beijing...

Justice Peter W.L. Martin http://www.justice.gc.ca/eng/news-nouv/ja-nj/2005/doc_31742.htmlhttp://www.cba.org/Alberta/PDF/Newsletter-Apr2006.pdf Calgary 2005 Martin Court of Queen's Bench of Alberta
Court of Queen's Bench of Alberta
The Court of Queen's Bench of Alberta is the superior court of the Canadian province of Alberta....

Justice Frans F. Slatter http://www.ucalgary.ca/events/node/2205http://www.justice.gc.ca/eng/news-nouv/ja-nj/2006/doc_31916.htmlhttp://www.collectionscanada.gc.ca/webarchives/20071205195257/http://canada.justice.gc.ca/en/news/ja/2001/doc_26020.html Edmonton 2006 Harper Court of Queen's Bench of Alberta
Court of Queen's Bench of Alberta
The Court of Queen's Bench of Alberta is the superior court of the Canadian province of Alberta....

Justice Jack Watson http://www.justice.gc.ca/eng/news-nouv/ja-nj/2006/doc_31886.htmlhttp://www.collectionscanada.gc.ca/webarchives/20071205205232/http://canada.justice.gc.ca/en/news/ja/2000/doc_25464.html Edmonton 2006 Harper Court of Queen's Bench of Alberta
Court of Queen's Bench of Alberta
The Court of Queen's Bench of Alberta is the superior court of the Canadian province of Alberta....

Justice Patricia A. Rowbotham http://www.justice.gc.ca/eng/news-nouv/ja-nj/2007/doc_32032.htmlhttp://www.ucalgary.ca/alumni/awards/top40#patricia_rowbothamhttp://www.pm.gc.ca/eng/media.asp?category=1&id=2906 Calgary 2007 Harper Court of Queen's Bench of Alberta
Court of Queen's Bench of Alberta
The Court of Queen's Bench of Alberta is the superior court of the Canadian province of Alberta....

Justice J. D. Bruce McDonald http://www.justice.gc.ca/eng/news-nouv/ja-nj/2006/doc_31886.htmlhttp://www.justice.gc.ca/eng/news-nouv/ja-nj/2009/doc_32378.html Calgary 2006 Harper Court of Queen's Bench of Alberta
Court of Queen's Bench of Alberta
The Court of Queen's Bench of Alberta is the superior court of the Canadian province of Alberta....

Justice Myra B. Bielby http://www.justice.gc.ca/eng/news-nouv/ja-nj/2010/doc_32476.html Edmonton 2010 Harper Court of Queen's Bench of Alberta
Court of Queen's Bench of Alberta
The Court of Queen's Bench of Alberta is the superior court of the Canadian province of Alberta....

Justice Brian K. O'Ferrall Calgary 2011 Harper Provincial Court of Alberta
Provincial Court of Alberta
The Provincial Court of Alberta is a Provincial Court for the Canadian province of Alberta. The court oversees matters relating to criminal law, family law, youth law, civil law and traffic laws....


Former Chief Justices of Alberta

  • Arthus Lewis Sifton (1907-1910)
  • Horace Harvey
    Horace Harvey
    Horace Harvey was a lawyer, jurist, and a Chief Justice of Alberta, Canada.-Early and Family Life:...

     (1910-1921, 1924-1949)
  • David Lynch Scott
    David Lynch Scott
    David 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:...

     (1921-1924)
  • George Bligh O'Connor (1950-1957)
  • Clinton J. Ford (1957-1961)
  • Sidney Bruce Smith (1961-1974)
  • William A. McGillivray
    William A. McGillivray
    William Alexander McGillivray was a lawyer, jurist, and a Chief Justice of Alberta, Canada.- Early life :...

     (1974-1984)
  • James Herbert Laycraft (1984-1991)

Previous judges


External links

The source of this article is wikipedia, the free encyclopedia.  The text of this article is licensed under the GFDL.
 
x
OK