Court of Appeal for Saskatchewan

The Court of Appeal for Saskatchewan (frequently referred to as Saskatchewan Court of Appeal or Sask. CA) is the highest superior appeal court in the province of Saskatchewan, Canada. It hears appeals from the Court of Queen's Bench for Saskatchewan as well as the Provincial Court of Saskatchewan and administrative tribunals. The Court is based in Regina, Saskatchewan and consists of the chief justice, six other full-time justices, and a varying number of supernumerary justices. It has general appellate jurisdiction, a limited original jurisdiction, and an advisory opinion jurisdiction, known in Canada as a reference question. Appeals lie from the Court of Appeal to the Supreme Court of Canada.

Regina Courthouse

Contents

History of the Court

The Court of Appeal was created on March 1, 1918, upon the coming into force of The Court of Appeal Act of 1915.[1] Prior to that date, there was a single superior court for Saskatchewan, known as the Supreme Court of Saskatchewan, which had both appellate and trial jurisdiction. Individual members of the Supreme Court sat as trial judges, while the full Supreme Court ourt (also known at the Supreme Court en banc) heard appeals. The 1915 legislation split the appellate functions and the trial functions. The new Court of Appeal was established to take over the appellate function of the Supreme Court of Saskatchewan, and the new Court of King's Bench was created to take over the trial functions of the Supreme Court of Saskatchewan.[2] The Supreme Court of Saskatchewan was abolished effective March 1, 1918.

Court Structure and Jurisdiction

Statutory Basis for the Court of Appeal

The Court of Appeal is currently governed by The Court of Appeal Act, 2000 / Loi de 2000 sur la Cour d'appel,[3] which sets out the composition and jurisdiction of the Court. The Court is continued as a "superior court of record, having appellate jurisdiction." [4]

Composition of the Court

The Court is composed of the Chief Justice, styled the "Chief Justice of Saskatchewan", and six other justices.[5] There is also a supernumerary position for each postiion of justice of the Court, to allow justices with sufficient years of service to take semi-retirement, yet continuing to serve as needed. The justices are appointed by the Governor General of Canada,[6] who acts upon the advice of the Prime Minister and Cabinet. The Constitution requires that the justices be members of the bar of Saskatchewan prior to their appointment.[7] In addition, the federal Judges Act provides that a candidate for the judiciary must have either ten years' standing at the bar of any province,[8] or a combination of ten years' standing at the bar and as a judge of a different court.[9]

Their tenure of office is constitutionally protected, to ensure judicial independence. The justices hold office during good behaviour until age 75, and can only be removed by the Governor General on a joint address passed by the federal House of Commons and Senate.[10] The justices are paid by the federal government.[11] The base salary of the Chief Justice of Saskatchewan is $254,600,[12] while the six other justices have a base salary of $232,300 each.[13]

Appellate Jurisdiction of the Court

General Appellate Jurisdiction

The general appellate jurisdiction of the Court is set out in s. 7 of the Act, which provides that there is a right of appeal from any decision of the Court of Queen's Bench (or from a decision of a judge of that court).[14] There is also a right of appeal from any other court or tribunal where a right of appeal is conferred by statute.[15] If another enactment provides that there is no appeal, or only a limited right of appeal, that other enactment prevails.[16]

Interlocutory decisions of a lower court cannot be appealed as of right. A potential appellant in an interlocutory must seek leave to appeal, from either the Court of Appeal or from a single judge of the Court of Appeal in chambers.[17] However, leave is not required to appeal interlocutory decisions of the lower court affecting the liberty of an individual, the custody of a minor, the granting or refusal of an injunction, or the appointment of a receiver.[18]

The general appeal period is 30 days from the date of judgment of the lower court.[19] For interlocutory matters, the leave to appeal period is 15 days.[20] The Court or a judge of the Court may extend the appeal periods on application by a party.[21]

Criminal Appellate Jurisdiction

Criminal law and criminal procedure are matters of exclusive jurisdiction of the federal Parliament. Appeals in criminal matters are governed by the appellate provisions of the Criminal Code, a federal statute.[22] Indictable matters are appealed directly to the Court of Appeal, as set out in Part XXI of the Criminal Code.[23] Appeals in summary conviction matters go first to the Queen's Bench,[24] with a possible second appeal by leave to the Court of Appeal from the Queen's Bench, as set out in s. 839 of the Criminal Code.[25]

Original Jurisdiction

The Court has a limited original jurisdiction, giving it the discretion to grant relief by way of a prerogative writ.[26] The Court has held that since it is primarily a court of appeal, it will only entertain original applications for prerogative relief in extraordinary circumstances.[27] It also has any original jurisdiction that is necessary or incidental to the hearing and determination of an appeal.[28]

Reference Jurisdiction

Under The Constitutional Questions Act,[29] the Government of Saskatchewan has the authority to refer questions of law to the Court of Appeal for the Court's advisory opinion.

Appeals to the Supreme Court

Appeals may be taken from the Court of Appeal to the Supreme Court of Canada either by right, by leave of the Supreme Court of Canada, or by leave of the Court of Appeal itself, depending on the nature of the case. Until 1949 appeals could further be taken from the Supreme Court of Canada to the Judicial Committee of the Privy Council in the United Kingdom. Appeals could also be taken directly from the Court of Appeal to the Privy Council.[30]

Justices of the Court

Current Justices

The current justices of the Court [31] are:

Position Name Appointed Nominated By Position Prior to Appointment
Chief Justice John Klebuc 2006 Harper Court of Queen's Bench
Justice Stuart J. Cameron* 1981 Trudeau Court of Queen's Bench
Justice William J. Vancise* 1983 Trudeau Court of Queen's Bench
Justice Marjorie A. Gerwing* 1984 Lawyer at MacPherson Leslie and Tyerman
Justice Nicholas W. Sherstobitoff* 1985 Mulroney Chair, Saskatchewan Labour Relations Board
Justice John Gary Lane* 1991 Mulroney Minister of Justice and Attorney General for Saskatchewan
Justice Georgina R. Jackson 1991 Mulroney Lawyer at MacPherson Leslie and Tyerman
Justice Robert G. Richards 2004 Martin Lawyer at MacPherson Leslie and Tyerman
Justice Gene Anne Smith* 2005 Martin Court of Queen's Bench
Justice Ralph K. Ottenbreit 2009 Harper Court of Queen's Bench
Justice Neal W. Caldwell 2010 Harper Lawyer at McDougall, Gauley LLP
Justice Maurice J. Herauf 2011 Harper Court of Queen's Bench

(An asterisk indicates that the justice has elected to take supernumerary status.)

Former Justices

Former Chief Justices of Saskatchewan

Former Justices of the Court of Appeal

  • The Honourable Edward L. Elwood (1918–1921)
  • The Honourable Henry W. Newlands (1918–1921)
  • The Honourable James McKay (1921–1932)
  • The Honourable Phillip E. MacKenzie (1927–1946)
  • The Honourable Thomas Clayton Davis (1939–1948)
  • The Honourable Hector Y. MacDonald (1941–1951)
  • The Honourable Percy M. Anderson (1946–1948)
  • The Honourable Arthur Thomas Procter (1948–1961)
  • The Honourable Percy H. Maguire (1962–1974)
  • The Honourable Mervyn J. Woods (1961–1984)
  • The Honourable Roy N. Hall (1962–1989)
  • The Honourable Russell Brownridge (1961–1988)
  • The Honourable Raymond A. MacDonald (1981–1984)
  • The Honourable Thomas C. Wakeling (1984–2000)
  • The Honourable Calvin F. Tallis (1981–2005)
  • The Honourable Darla C. Hunter (2007–2010)

(An asterisk indicates subsequently Chief Justice of Saskatchewan.)

References

  1. ^ The Court of Appeal Act, S.S. 1915, c. 9.
  2. ^ The King's Bench Act, S.S. 1915, c. 10.
  3. ^ The Court of Appeal Act, 2000 / Loi de 2000 sur la Cour d'appel, S.S. 2000, c. C-42.1
  4. ^ The Court of Appeal Act / Loi de 2000 sur la Cour d'appel, s. 3(1).
  5. ^ The Court of Appeal Act, 2000 / Loi de 2000 sur la Cour d'appel, S.S. 2000, c. C-42.1, s. 3(2), as amended by The Court of Appeal Amendment Act, 2007 / Loi modifiant la Loi de 2000 sur la Cour d'appel, S.S. 2007, c. 22, s. 2
  6. ^ Constitution Act, 1867, s. 96
  7. ^ Constitution Act, 1867, s. 97.
  8. ^ Judges Act, s. 3(a)
  9. ^ Judges Act, s. 3(b)
  10. ^ Constitution Act, 1867, s. 99
  11. ^ Constitution Act, 1867, s. 100.
  12. ^ Judges Act, s. 19(a)
  13. ^ Judges Act, s. 19(b)
  14. ^ The Court of Appeal Act, 2000 / Loi de 2000 sur la Cour d'appel, s. 7(2)(a)
  15. ^ The Court of Appeal Act, 2000 / Loi de 2000 sur la Cour d'appel, s. 7(2)(b).
  16. ^ The Court of Appeal Act, 2000 / Loi de 2000 sur la Cour d'appel, s. 7(3).
  17. ^ The Court of Appeal Act, 2000 / Loi de 2000 sur la Cour d'appel, s 8(1).
  18. ^ The Court of Appeal Act, 2000 / Loi de 2000 sur la Cour d'appel, s. 8(2).
  19. ^ The Court of Appeal Act, 2000 / Loi de 2000 sur la Cour d'appel, s. 9(2).
  20. ^ The Court of Appeal Act, 2000 / Loi de 2000 sur la Cour d'appel, s. 9(3)
  21. ^ The Court of Appeal Act, 2000 / Loi de 2000 sur la Cour d'appel, s. 9(6).
  22. ^ Criminal Code, R.S.C. 1985, c. C-46
  23. ^ Criminal Code, Part XXI
  24. ^ Criminal Code, s. 813
  25. ^ Criminal Code, s. 839.
  26. ^ The Court of Appeal Act, 2000 / Loi de 2000 sur la Cour d'appel, s. 11.
  27. ^ Geller v. Saskatchewan (1985), 48 Sask. R. 239 (C.A.). For instance, the Court did consider an application for prerogative relife brought by a sitting member of the Court of Queen's Bench against the Law Society of Saskatchewan: Maurice v. Priel (1987), 6 D.L.R. (4th) 416, [1988] 1 W.W.R. 491, 60 Sask. R. 241, 1987 CanLII 207 (SK C.A.)
  28. ^ The Court of Appeal Act, 2000 / Loi de 2000 sur la Cour d'appel, s. 10
  29. ^ The Constitutional Questions Act, R.S.S. 1978, c. C-29, s. 3.
  30. ^ See, for example, Judges v. Attorney‑General of Saskatchewan, [1937] 2 D.L.R. 209 (P.C.) and Labour Relations Board of Saskatchewan v. John East Iron Works Ltd., [1949] A.C. 134 (P.C.).
  31. ^ Courts of Saskatchewan website: Court of Appeal
  32. ^ Appointed to the Supreme Court of Saskatchewan
  33. ^ Appointed to the Supreme Court of Saskatchewan; later appointed to the Court of Appeal for Saskatchewan

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