Nova Scotia Supreme Court
Encyclopedia
The Nova Scotia Supreme Court is a superior court
in the province of Nova Scotia
.
The Court comprises the Chief Justice (who is also the Chief Justice of the Nova Scotia Court of Appeal
), the Associate Chief justice, twenty-one judges and six supernumerary
(or semiretired) Justices, who sit in 18 different locations around the province.
. It hears civil and criminal trials. The criminal trials can be judge alone or judge and jury. It is the only court that can hear indictable offence
s. The court will also hear appeals from the provincial court
, small claims court
, Family court, and various provincial tribunals.
Appeals are then made to the Nova Scotia Court of Appeal
.
Jonathan Belcher was appointed the first Chief Justice of the Nova Scotia Supreme Court. The court’s jurisdiction extended to the entire colony, which, after the Treaty of Paris ended the war with France in 1763, includes present day Prince Edward Island, New Brunswick and eastern Maine.
In 1990, on the recommendation of the Nova Scotia Court Structure Task Force, the County and Supreme courts were merged to create a bench of 25 judges at the trial level. Since 1999, the Supreme Court also administers the Nova Scotia Family Division Court, with eight judges, that has jurisdiction over divorces and other family law cases in the Halifax
and industrial Cape Breton
.
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...
in the province of Nova Scotia
Nova Scotia
Nova Scotia is one of Canada's three Maritime provinces and is the most populous province in Atlantic Canada. The name of the province is Latin for "New Scotland," but "Nova Scotia" is the recognized, English-language name of the province. The provincial capital is Halifax. Nova Scotia is the...
.
The Court comprises the Chief Justice (who is also the Chief Justice of the Nova Scotia Court of Appeal
Nova Scotia Court of Appeal
The Court of Appeal for Nova Scotia is the highest appeal court in the province of Nova Scotia, Canada. There are currently seven Justices and one Chief Justice. The court sits in Halifax, which is the capital of Nova Scotia...
), the Associate Chief justice, twenty-one judges and six 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...
(or semiretired) Justices, who sit in 18 different locations around the province.
Jurisdiction
As with all superior courts across the country, the court is said to have inherent jurisdictionInherent 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...
. It hears civil and criminal trials. The criminal trials can be judge alone or judge and jury. It is the only court that can hear indictable offence
Indictable offence
In many common law jurisdictions , an indictable offence is an offence which can only be tried on an indictment after a preliminary hearing to determine whether there is a prima facie case to answer or by a grand jury...
s. The court will also hear appeals from the provincial court
Provincial Court
The Provincial and Territorial Courts in Canada are local trial "inferior" or "lower" courts of limited jurisdiction established in each of the provinces and territories of Canada. These courts typically hear criminal, civil , family, traffic, and bylaw cases...
, small claims court
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...
, Family court, and various provincial tribunals.
Appeals are then made to the Nova Scotia Court of Appeal
Nova Scotia Court of Appeal
The Court of Appeal for Nova Scotia is the highest appeal court in the province of Nova Scotia, Canada. There are currently seven Justices and one Chief Justice. The court sits in Halifax, which is the capital of Nova Scotia...
.
History
While the first court administering the Common Law was established in Annapolis Royal in 1721, the creation of a Supreme Court took place on October 21, 1754, several years before the Province was granted a legislative assembly. The court is the oldest court in Canada and is among the oldest in North America.Jonathan Belcher was appointed the first Chief Justice of the Nova Scotia Supreme Court. The court’s jurisdiction extended to the entire colony, which, after the Treaty of Paris ended the war with France in 1763, includes present day Prince Edward Island, New Brunswick and eastern Maine.
In 1990, on the recommendation of the Nova Scotia Court Structure Task Force, the County and Supreme courts were merged to create a bench of 25 judges at the trial level. Since 1999, the Supreme Court also administers the Nova Scotia Family Division Court, with eight judges, that has jurisdiction over divorces and other family law cases in the Halifax
Halifax Regional Municipality, Nova Scotia
Halifax Regional Municipality is the capital of the province of Nova Scotia, Canada. The Regional Municipality had a 2006 census population of 372,679, while the metropolitan area had a 2010 estimated population of 403,188, and the urban area of Halifax had a population of 282,924...
and industrial Cape Breton
Cape Breton Regional Municipality, Nova Scotia
Cape Breton Regional Municipality often shortened to simply CBRM, is a regional municipality in Nova Scotia's Cape Breton County.According to the 2006 Census of Canada, the population within the Cape Breton Regional Municipality is 102,250...
.
Judges of the Supreme Court
| Position | Name | Location |
|---|---|---|
| Chief Justice | Joseph Phillip Kennedy | |
| Associate Chief Justice | Deborah K. Smith | |
| Justice | Allan Boudreau | Halifax |
| Justice | Cindy A. Bourgeois | Sydney |
| Justice | Felix A. Cacchione | Halifax |
| Justice | Kevin Coady | Halifax |
| Justice | C. Richard Coughlan | Halifax |
| Justice | Patrick J. Duncan | Halifax |
| Justice | Frank C. Edwards | Sydney |
| Justice | Charles E. Haliburton | Digby/Annapolis |
| Justice | Suzanne M. Hood | Halifax |
| Justice | Arthur J. LeBlanc | Halifax |
| Justice | A. David MacAdam | Halifax |
| Justice | Simon J. MacDonald | Sydney |
| Justice | Douglas L. MacLellan | Pictou/Antigonish |
| Justice | Glen G. McDougall | Halifax |
| Justice | Gerald R.P. Moir | Halifax |
| Justice | John D. Murphy | Halifax |
| Justice | Arthur W. D. Pickup | Halifax |
| Justice | M. Heather Robertson | Halifax |
| Justice | J. Edward (Ted) Scanlan | Truro/Amhert |
| Justice | N.M. (Nick) Scaravelli | Pictou/Antigonish |
| Justice | Margaret Stewart | Bridgewater |
| Justice | Gregory M. Warner | Kentville |
| Justice | Robert W. Wright | Halifax |
Judges of the Supreme Court Family Division
| Position | Name | Location |
|---|---|---|
| Associate Chief Justice | Lawrence I. O'Neil | |
| Justice | Douglas C. Campbell | Halifax |
| Justice | Leslie J. Dellapinna | Halifax |
| Justice | Theresa M. Forgeron | Sydney |
| Justice | Deborah Gass | Halifax |
| Justice | Kenneth Haley | Sydney |
| Justice | Elizabeth Jollimore | Halifax |
| Justice | Moira C. Legere-Sers | Halifax |
| Justice | Mona Lynch | Halifax |
| Justice | Beryl A. MacDonald | Halifax |
| Justice | M. Clare MacLellan | Sydney |
| Justice | Robert Ferguson | Halifax |
| Justice | R. James Williams | Halifax |
| Justice | Darryl W. Wilson | Sydney |