The
Supreme Court of British Columbia (BCSC) is the
superior trial court for the Canadian province of British
Columbia
. The
BCSC hears
civil and
criminal law cases as well as appeals from the
Provincial Court of
British Columbia. The court consists of ninety-nine
justice and thirteen
masters, resident throughout British
Columbia.
Jurisdiction
The BCSC is a
court of record,
having original
jurisdiction in all
cases, civil and criminal, arising in British Columbia. The BCSC is
a court of
inherent
jurisdiction, in addition to any jurisdiction granted to it by
federal or provincial statute.
The BCSC has jurisdiction in any civil dispute, including those
matters where the dollar amount involved is within the jurisdiction
of the
Small Claims division of
the Provincial Court. Under the
Criminal Code of Canada, the BCSC is
included as a "superior court of criminal jurisdiction", meaning
that it has exclusive jurisdiction for the trial of serious crimes
within British Columbia.
The BCSC also hears appeals from the Provincial Court and some
administrative tribunals. Appeals to its own judgments are heard by
the
Court of Appeal
of British Columbia.
Justices and masters
All justices of the BCSC (including the position of
Chief Justice and Associate Chief Justice) are
appointed by the
federal
cabinet, on recommendation of the
Minister of Justice.
All BCSC justices have full jurisdiction over any matter before the
BCSC. The current Chief Justice is Justice Robert J. Bauman and the
Associate Chief Justice is Patrick D. Dohm.
It is court protocol to refer to BCSC judges as "justices", and in
court to address to justices as “My Lord” or “My Lady," unlike in
the Provincial Court (and the now-abolished County Court) where the
term “judge” is used and the mode of address is (and was) "Your
Honour."
Masters are appointed by the provincial
cabinet, on
recommendation of the
Attorney
General in consultation with the Chief Justice. As provincial
appointees, masters do not have inherent jurisdiction. Their
jurisdiction is limited to those matters granted to them by
statute and the Rules of Court. Masters
preside in
chambers, where they
usually hear
interlocutory
applications and other pre-
trial
matters. Masters cannot hear civil trials and do not preside in
criminal matters. In court, Masters were formerly addressed as
"Master," but in a droll practice direction issued by the Chief
Justice it was indicated that the Masters considered that that mode
of address was redolent of an
"I
Dream of Jeannie" re-run and they were henceforth to be
addressed as “Your Honour”. Masters also sit and hear matters as
registrars, hearing such matters as assessments of solicitors fees
and accounts.
Prior to 1990, there existed in British Columbia a
County Court, an intermediate court between the
Provincial Court of British Columbia and the BCSC. In 1990, the
County Court of B.C. merged with the BCSC and its judges became
justices of the BCSC.
Judicial districts
The BCSC sits in eight judicial districts called
counties: Cariboo; Kootenay;
Nanaimo; Prince Rupert; Vancouver; Victoria; Westminster; and Yale.
The Counties of Vancouver and Westminster are collectively one
judicial district under the name of the "Vancouver Westminster
Judicial District".
Within
each county, or
judicial district, justices are resident in the following
locations: Chilliwack
; Cranbrook
; Kamloops
; Kelowna
; Nanaimo
; Nelson
; New
Westminster
; Prince
George
; Prince Rupert
; Victoria
; and Vancouver
.
The BCSC
also holds sittings in the following court locations for which
there is not a resident justice: Campbell
River
; Courtenay
; Dawson
Creek
; Duncan
; Fort Nelson
; Fort St. John
; Golden
; Penticton
;Port Alberni
; Powell River
; Quesnel
; Revelstoke
, Rossland
; Salmon Arm
; Smithers
; Terrace
; Vernon
; and Williams Lake
.
External links
References
- British Columbia Supreme Court
Act.
- This is the only usage of "county" in British Columbia, which
is a reference only to such court districts and has no similarity
to the meaning in other provinces or in the United States or the
United Kingdom.