British Columbia Court of Appeal

British Columbia Court of Appeal

Coat of Arms
Established 1909
Country British Columbia, Canada
Location Vancouver (central registry), Victoria, Kamloops and Kelowna
Authorized by Court of Appeal Act, 1996
Number of positions 15
Website Court of Appeal
Chief Justice
Currently Robert J. Bauman
Since June 16, 2013

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.

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.

The BCCA consists of 22 justices (including a Chief Justice), ten of whom are supernumerary. 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.

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 bands, 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. Queen'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.

When the court moved from its previous location (what is now the Vancouver Art Gallery), one of the old courtrooms was reconstructed in the present Arthur Erickson designed Vancouver Law Courts. When in session, a division of the court will often preside in this Heritage Courtroom.

All courts in the Province of British Columbia display the Arms of Her Majesty in Right of the United Kingdom, as a symbol of its judiciary.

Current Justices

Name Appointed Nominated By Prior Position
Chief Justice Robert J. Bauman June 16, 2013 Harper Chief Justice of the Supreme Court of British Columbia (2009-2013)
Puisne Justice, British Columbia Court of Appeal (2008-2009)
Mr. Justice Ian T. Donald (Supernumerary) January 28, 1994 Chretien Supreme Court of British Columbia
Madam Justice Mary V. Newbury September 26, 1995 Chretien Supreme Court of British Columbia
Madam Justice Mary E. Saunders July 2, 1999 Chretien Supreme Court of British Columbia
Mr. Justice P.D. Lowry (Supernumerary) June 30, 2003 Chretien Supreme Court of British Columbia
Mr. Justice S. David Frankel May 10, 2007 Harper Supreme Court of British Columbia
Mr. Justice David Franklin Tysoe (Supernumerary) June 22, 2007 Harper Supreme Court of British Columbia
Madam Justice Daphne M. Smith May 9, 2008 Harper Supreme Court of British Columbia
Madam Justice Kathryn E. Neilson (Supernumerary) May 9, 2008 Harper Supreme Court of British Columbia
Mr. Justice Harvey M. Groberman May 9, 2008 Harper Supreme Court of British Columbia
Madam Justice Elizabeth A. Bennett May 14, 2009 Harper Supreme Court of British Columbia
Madam Justice Nicole J. Garson May 14, 2009 Harper Supreme Court of British Columbia
Madam Justice Anne W. MacKenzie (Supernumerary) December 31, 2011 Harper Supreme Court of British Columbia
Mr. Justice David C. Harris April 10, 2012 Harper Supreme Court of British Columbia
Madam Justice Sunni Stromberg-Stein (Supernumerary) June 7, 2013 Harper Supreme Court of British Columbia
Mr. Justice Peter M. Willcock June 7, 2013 Harper Supreme Court of British Columbia
Mr. Justice Richard B.T. Goepel November 8, 2013 Harper Supreme Court of British Columbia
Mr. Justice John E.D. Savage December 12, 2014 Harper Supreme Court of British Columbia
Madam Justice Lauri Ann Fenlon June 26, 2015 Harper Supreme Court of British Columbia
Mr. Justice Gregory J. Fitch September 1, 2015 Harper Supreme Court of British Columbia
Madam Justice Gail M. Dickson September 1, 2015 Harper Supreme Court of British Columbia

Chief Justices

The Chief Justice of the BCCA has the rank of Chief Justice of British Columbia,

Past Justices

References

  1. ↑ "Archived copy". Archived from the original on 2011-07-06. Retrieved 2011-01-17.

External links

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