British Columbia Court of Appeal
| British Columbia Court of Appeal | |
|---|---|
.svg) Coat of Arms | |
| Established | 1909 |
| Location | Vancouver (central registry), Victoria, Kamloops and Kelowna |
| Authorised 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 |
| Madam Justice Pamela Kirkpatrick (Supernumerary) | June 3, 2005 | Martin | Supreme Court of British Columbia |
| Mr. Justice Edward C. Chiasson | September 14, 2006 | Harper | Lawyer at Borden Ladner Gervais LLP |
| 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,
- 2013–present Robert J. Bauman
- 2001–2013 Lance Finch (13th Chief Justice)
- 1988–2001 Allan McEachern
- 1979–1988 Nathaniel Nemetz
- 1973–1978 John Lauchlan Farris
- 1967–1972 Herbert Davey
- 1964–1967 Henry Bird
- 1963–1964 Sherwood Lett
- 1958–1963 Campbell DesBrisay
- 1944–1957 Gordon McGregor Sloan
- 1940–1941 Malcolm Archibald Macdonald
- 1937–1940 Archer Martin
- 1909–1937 James Alexander MacDonald
Past Justices
- 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) [1]
- 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–present))