Supreme Court of British Columbia

The Supreme Court of British Columbia (SCBC) is the superior trial court for the Canadian province of British Columbia. The SCBC hears civil and criminal law cases as well as appeals from the Provincial Court of British Columbia. The court consists of ninety-nine justices and thirteen masters, resident throughout British Columbia.

Jurisdiction

The SCBC is a court of record, having original jurisdiction in all cases, civil and criminal, arising in British Columbia. The SCBC is a court of inherent jurisdiction, in addition to any jurisdiction granted to it by federal or provincial statute.

The SCBC 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 SCBC 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 SCBC also hears appeals from the Provincial Court and some administrative tribunals.

Justices and masters

All justices of the SCBC (including the position of Chief Justice and Associate Chief Justice) are appointed by the federal cabinet, on recommendation of the Minister of Justice. All SCBC justices have full jurisdiction over any matter before the SCBC. The current Chief Justice is Justice Donald I. Brenner and the Associate Chief Justice is Patrick D. Dohm.

It is court protocol to refer to SCBC 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 SCBC. In 1990, the County Court of B.C. merged with the SCBC and its judges became justices of the SCBC.

Judicial districts

The SCBC sits in eight judicial districts, commensurate with the following 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". [ [http://www.qp.gov.bc.ca/statreg/stat/S/96443_01.htm#section8 British Columbia "Supreme Court Act".] ]

Within each 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 SCBC 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

* [http://www.courts.gov.bc.ca/sc/ Supreme Court of British Columbia website]
* [http://www.qp.gov.bc.ca/statreg/reg/C/CourtRules/CourtRules221_90/221_90.htm SCBC Rules]

References