Court of Queen's Bench for Saskatchewan

Court of Queen's Bench for Saskatchewan

The Court of Queen's Bench of Saskatchewan is the superior trial court for the Canadian province of Saskatchewan. The Court hears civil and criminal law cases. It is a court of inherent jurisdiction and there is no monetary limit on the claims which it may hear. It also has original jurisdiction over matters assigned to it by statute, such as adjudicating human rights complaints. As a superior court of original jurisdiction, it has supervisory jurisdiction over administrative tribunals, exercised by the prerogative writs. It also has some appellate jurisdiction, hearing appeals from the Provincial Court of Saskatchewan and some adminstrative bodies. Appeals may be taken from the Queen's Bench to the Court of Appeal for Saskatchewan. A further appeal lies to the Supreme Court of Canada.

Contents

Structure and organization

Regina Courthouse

The Court consists of 32 full-time judges and a number of supernumerary judges, all appointed by the federal government under s.96 of the Constitution Act, 1867 and paid by the federal government under s.100.[1] The court's Chief Justice, currently the Honourable R.D. Laing,[2] is styled the Chief Justice of the Queens Bench. Both the Chief Justice and puisne justices are addressed as "My Lord" or "My Lady" and referred to as "His Lordship" or "Her Ladyship". This differs from the terminology used in the Provincial Court of Saskatchewan, whose judges are "Your Honour", "His Honour" or "Her Honour."

The Court sits in eleven judicial centres.[3] [4] Actions are generally to be brought in the judicial centre closest to where the action arose, or the residence or place of business of the defendant.[5] The court has a Family Law Division, which has exclusive jurisdiction over family law matters in the judicial centres of Saskatoon, Regina, and Prince Albert, and concurrent jurisdiction (with the Provincial Court) over family law matters in all other areas of the Province.[6]

History

Before Saskatchewan became a province in 1905, it was part of the North West Territories, as it existed at that time. Its judicial system was that of the territory. Despite becoming a province in 1905, Saskatchewan's provincial judicial system was not established until 1907.[7] Its initial court structure consisted of three courts, the Supreme Court of Saskatchewan, the District Court (similar to the County Courts of other provinces), and the Surrogate Court. There was no appeal court; rather, appeals were conducted by the Full Court of the Supreme Court of Saskatchewan (an ad hoc panel of judges).

During World War I, the province reorganized its courts. In 1915, the province passed legislation, the King’s Bench Act and Court of Appeal Act, for the purpose of creating a new court structure.[8][9] Those acts came into effect on March 1, 1918, resulting in the abolishment of the Supreme Court of Saskatchewan and the creation of the trial-level Court of King’s Bench and the Court of Appeal.[10]

In 1981, Saskatchewan merged its District Court into the Court of Queen's Bench.[11] As part of that process, the judicial centres of the District Court became the judicial centres of the Court of Queen's Bench.

Notes

  1. ^ Peter Hogg, Constitutional Law of Canada, 2nd ed. (Toronto: Carswell, 1985), pp.136-37.
  2. ^ Courts of Saskatchewan website: Court of Queen's Bench.
  3. ^ The Queen's Bench Act, 1998, S.S. 1998, c. Q-1.01, s. 21.
  4. ^ The Queen's Bench Regulations, R.R.S. c. Q-1.01 Reg 1, s. 3.
  5. ^ The Queen's Bench Act, 1998, S.S. 1998, c. Q-1.01, s. 22(1).
  6. ^ The Queen's Bench Regulations, R.R.S. c. Q-1.01 Reg. 1, s. 8.
  7. ^ Saskatchewan Act, S.C. 1905, c. 42, s. 16.
  8. ^ King's Bench Act, S.S. 1915, c. 10.
  9. ^ Court of Appeal Act, S.S. 1915, c. 9.
  10. ^ Courts of Saskatchewan website. Retrieved 31 October 2007.
  11. ^ Saskatchewan Archives Board, Court Records

External links


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