Newfoundland_and_Labrador_Court_of_Appeal

Court of Appeal of Newfoundland and Labrador

Court of Appeal of Newfoundland and Labrador

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The Court of Appeal of Newfoundland and Labrador is at the top of the hierarchy of courts for the Canadian province of Newfoundland and Labrador. The Court of Appeal derives its powers and jurisdiction from the Court of Appeal Act.

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The independent Court of Appeal was established in 2018 and comprises the Chief Justice and five other justices.[2] At any given time there may be one or more additional justices who sit as supernumerary justices.[2] From 1975 until 2018 the Court of Appeal was constituted as the appeal division of the Supreme Court of Newfoundland and Labrador with judges appointed specifically to hear appeals from the General Division of the Supreme Court. Prior to 1975 both trial and appeals were carried out in the Supreme Court, where the individual judges routinely acted as a trial judges but, in the event of an appeal, would sit together (en banc) to hear it.[3]

The Court now hears appeals of all type from the Supreme Court of Newfoundland and Labrador's General Division and Family Division, the Provincial Court, and a number of boards and tribunals. Decisions are subject to final appeal to the Supreme Court of Canada. Prior to 1949, when Newfoundland became a province of Canada, final appeals passed to the Judicial Committee of the Privy Council, which was the highest court for the British Empire and Commonwealth. (For a list of Newfoundland decisions from the Judicial Committee, see: List of Newfoundland Cases of the Judicial Committee of the Privy Council (pre-1949)).

Current members

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Supernumerary

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List of chief justices

Source (1791–1880):[6]

Court of Civil Jurisdiction founded 1791[7]
Supreme Court of Judicature of the Island of Newfoundland founded 1792[8]
Supreme Court of Newfoundland founded 1824[9]
Supreme Court of Newfoundland and Labrador Court of Appeal founded 1975.

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See also


References

  1. The Court continues to use the Royal Arms of the United Kingdom to identify itself, though it achieved dominion status in 1907 and joined Canada as a province in 1949.
  2. "History of the Court of Appeal". Law Courts of Newfoundland and Labrador. Archived from the original on 25 January 2016. Retrieved 10 October 2015.
  3. Prowse, D.W. A History of Newfoundland from the English, Colonial and Foreign Records. p. 662.
  4. Goodridge, Noel. "An Anecdotal History of the Newfoundland Supreme Court and Its Chief Justices" (PDF). Archived (PDF) from the original on 2016-03-04.
  5. "Judicial Appointments in Newfoundland". The Times. No. 36830. London. 26 July 1902. p. 7.

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