British Columbia Court of Appeal

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.

British Columbia Court of Appeal
Coat of Arms
Established1909
LocationVancouver (central registry), Victoria, Kamloops and Kelowna
Authorized byCourt of Appeal Act, 1996
Number of positions15
WebsiteCourt of Appeal
Chief Justice
CurrentlyRobert J. Bauman
SinceJune 16, 2013

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 15 justices (including a Chief Justice) in addition to 9 of whom are supernumerary.[1] 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.[2]

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 (September 9, 2009 to June 16, 2013)
Puisne Justice, British Columbia Court of Appeal (February 20, 2008 to September 9, 2009)
Supreme Court Justice (June 20, 1996 to February 20, 2008)
Madam Justice Mary E. Saunders July 1, 1999 Chretien Supreme Court of British Columbia (December 23, 1991 to July 1, 1999)
Mr. Justice Harvey M. Groberman[3] May 9, 2008 Harper Supreme Court of British Columbia (December 14, 2001 to May 8, 2008)
Mr. Justice David C. Harris April 10, 2012 Harper Supreme Court of British Columbia (March 19, 2010 to April 5, 2012)
Mr. Justice Peter M. Willcock June 7, 2013 Harper Supreme Court of British Columbia (June 19, 2009 to June 6, 2013)
Madam Justice Lauri Ann Fenlon June 26, 2015 Harper Supreme Court of British Columbia (January 31, 2008 to June 26, 2015)
Mr. Justice Gregory J. Fitch September 1, 2015 Harper Supreme Court of British Columbia (October 20, 2011 to September 1, 2015)
Madam Justice Gail M. Dickson September 1, 2015 Harper Supreme Court of British Columbia (December 15, 2006 to July 28, 2015)
Mr. Justice John J.L. Hunter April 12, 2017 Trudeau Hunter Litigation Chambers
Madam Justice Susan A. Griffin[4] February 7, 2018 Trudeau Supreme Court of British Columbia (February 20, 2008 to February 7, 2018)
Mr. Justice Bruce Butler August 31, 2018 Trudeau Supreme Court of British Columbia (March 30, 2007 to August 31, 2018)
Mr. Justice Patrice Abrioux March 8, 2019 Trudeau Supreme Court of British Columbia (September 30, 2011 to March 8, 2019)
Madam Justice Joyce DeWitt-Van Oosten May 6, 2019 Trudeau Supreme Court of British Columbia (October 20, 2016 to May 6, 2019)
Mr. Justice Christopher Grauer December 20, 2019 Trudeau Supreme Court of British Columbia (April 11, 2008 to December 20, 2019)
Mr. Justice Peter Voith September 9, 2020 Trudeau Supreme Court of British Columbia (January 22, 2009 to September 9, 2020)

Supernumerary

Name Appointed Nominated by Prior position
Madam Justice Mary V. Newbury (Supernumerary) September 26, 1995 Chretien Supreme Court of British Columbia (July 11, 1991 to September 26, 1995)
Fraser & Beatty (1984 to 1991)
Ladner Downs (1976 to 1984)
Madam Justice Elizabeth A. Bennett (Supernumerary) May 14, 2009 Harper Supreme Court of British Columbia (August 27, 1997 to May 13, 2009)
Mr. Justice Richard B.T. Goepel (Supernumerary) November 8, 2013 Harper Supreme Court of British Columbia (September 27, 2001 to November 7, 2013)
Mr. Justice David Franklin Tysoe (Supernumerary) June 22, 2007 Harper Supreme Court of British Columbia
Madam Justice Anne W. MacKenzie (Supernumerary) December 31, 2011 Harper Supreme Court of British Columbia
Madam Justice Sunni Stromberg-Stein (Supernumerary) June 7, 2013 Harper Supreme Court of British Columbia (February 16, 1996 to June 6, 2013)
Provincial Court (December 4, 1989 to February 16, 1996)
Mr. Justice S. David Frankel (Supernumerary) May 10, 2007 Harper Supreme Court of British Columbia (March 2, 2007 to May 10, 2007)
Madam Justice Barbara L. Fisher (Supernumerary) September 15, 2017 Trudeau Supreme Court of British Columbia (November 26, 2004 to September 15, 2017)

Chief Justices

The Chief Justice of the BCCA has the rank of Chief Justice of British Columbia,

Past Justices

Name Duration Nominated by Prior position
Mr. Justice P.D. Lowry [5] June 30, 2003 - 2018 Chretien Supreme Court of British Columbia
Madam Justice Kathryn E. Neilson [3] May 9, 2008 - 2016 Stephen Harper (BCCA) Supreme Court of British Columbia
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) [6]
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 (2000–2017))
Bryan Williams[7]

References

  1. NUMBER OF FEDERALLY APPOINTED JUDGES AS OF JULY 1, 2018, www.fja.gc.ca
  2. judiciary
  3. "British Columbia Judicial Appointments Announced". Archived from the original on 2008-06-22. Retrieved 2019-06-15.
  4. "Government of Canada announces judicial appointments in the province of British Columbia". gcnws. Canada Department of Justice. 7 February 2018.
  5. "The Honourable Madam Justice Mary Newbury Supernumerary" (PDF) (Vol 49). The Advocate. Retrieved 10 July 2018.
  6. "Archived copy". Archived from the original on 2011-07-06. Retrieved 2011-01-17.CS1 maint: archived copy as title (link)
  7. "BRITISH COLUMBIA JUDICIAL APPOINTMENTS ANNOUNCED". Archived from the original on 2003-11-11. Retrieved 2019-04-14.
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