Court of Appeal of Alberta

Last updated

Court of Appeal of Alberta
Established1921
Jurisdiction Alberta, Canada
Location Law Courts, Edmonton; Calgary Courts Centre, Calgary
Authorized by
  • Judicature Act
  • Court of Appeal Act
Number of positions14 (in addition to chief justice of Alberta, supernumerary judges, and the judges of the Court of King's Bench of Alberta, who are ex officio members of the Court of Appeal)
Website albertacourts.ca/court-of-appeal OOjs UI icon edit-ltr-progressive.svg
Chief justice
CurrentlyRitu Khullar

The Court of Appeal of Alberta (frequently referred to as Alberta Court of Appeal or ABCA) is a Canadian appellate court that serves as the highest appellate court in the jurisdiction of Alberta, subordinate to the Supreme Court of Canada.

Contents

Jurisdiction and hierarchy within Canadian courts

The court is the highest in Alberta, Canada. It hears appeals from the Alberta Court of King's Bench, the Provincial Court of Alberta, and administrative boards and tribunals, as well as references from the Lieutenant Governor in Council (essentially the Alberta Cabinet). Some administrative appeals may bypass the Court of King's Bench, commonly orders made by professional discipline boards under the Medical Profession Act, [1] the Legal Profession Act, [2] but also under the Energy Resources Conservation Act. [3]

Appeals from the Court of Appeal lie with the Supreme Court of Canada, Canada's court of last resort. Other than certain criminal matters, appeals to the Supreme Court of Canada are heard only by leave of that court. Since the Supreme Court denies leave in most cases, the Court of Appeal is the final court for most matters originating in Alberta.

Unlike the Court of King's Bench, the Court of Appeal has no inherent jurisdiction and therefore requires a statute to grant it the power to hear a matter before a panel is convened. As a court of a province, it is administered by the provincial government. Hearings are held exclusively in Edmonton's Law Courts and the Calgary Courts Centre. Unlike other provinces (except Newfoundland and Labrador and Ontario), the Alberta Court of Appeal displays a different coat of arms than its lower courts: the coat of arms of Canada.

History

The court originated from the old Supreme Court of the Northwest Territories which was replaced by the Supreme Court of Alberta in 1907 (shortly after Alberta became a province in 1905). The new Supreme Court of Alberta comprised a trial division and an appellate division (essentially, brother justices of the Supreme Court sitting en banc with a quorum of three).

The second chief justice of Alberta, Horace Harvey, supported an independent appellate court designed only to hear appeals. The Judicature Act enacted these changes in 1919, and it was proclaimed in 1921. [4] It was not until 1979 that the court changed its name to the "Court of Appeal of Alberta" through the Court of Appeal Act, [5] at the same time that the Supreme Court Trial Division and the District Court were amalgamated and renamed the "Court of Queen's Bench of Alberta".

Composition

There are 14 official positions on the bench [6] including the chief justice of Alberta, who is the highest judicial officer in the province. At any given time there may be several additional judges who also sit as supernumerary justices. [6] As a Section 96 court, the justices are appointed by the federal government and may hold office until the age of 75. Some of the justices have elected supernumerary (part-time or semi-retired) status. Occasionally, justices of the Court of King's Bench of Alberta sit on appeals. This is done at the request of a justice of the Court of Appeal. When this happens, these justices are sitting ex officio, but they have the same powers and duties as other justices of the Court of Appeal.

Most cases are heard by a panel of three justices, although the chief justice may convene a larger panel in exceptional circumstances. A single justice presides over matters heard in chambers, usually interlocutory matters or applications for leave to appeal.

Association with the Northwest Territories

Justices of the Court of Appeal for the Northwest Territories are selected from the justices of the Court of Appeal of Alberta, Court of Appeal for Saskatchewan, and the judges and ex officio judges of the Supreme Court of the Northwest Territories. The current acting chief justice of Alberta, Frans Slater, is also the chief justice of the Northwest Territories. Hearings are held in Yellowknife, but may be heard anywhere in the territories or in Alberta. [7]

Current judges

Judges of the Court of Appeal of Alberta
NameSitting inAppointedNominated byPosition prior to appointment
Chief Justice Ritu KhullarEdmonton2018
2022 (CJ)		J. Trudeau Court of Queen's Bench of Alberta
Justice Frans F. Slatter [8] [9] [10] Edmonton2006Harper Court of Queen's Bench of Alberta

McCuaig Desrochers LLP

Justice Michelle CrightonEdmonton2016J. Trudeau Court of Queen's Bench of Alberta
Justice Dawn PentelechukEdmonton2018J. Trudeau Court of Queen's Bench of Alberta
Justice Jolaine AntonioCalgary2018J. Trudeau Court of Queen's Bench of Alberta
Justice Kevin FeehanEdmonton2019J. Trudeau Court of Queen's Bench of Alberta
Justice Bernette HoCalgary2021J. Trudeau Court of Queen's Bench of Alberta
Justice Anne KirkerCalgary2021J. Trudeau Court of Queen's Bench of Alberta
Justice William deWitCalgary2023J. Trudeau Court of King's Bench of Alberta
Justice Jane FagnanEdmonton2023J. Trudeau Court of King's Bench of Alberta
Justice April GrosseCalgary2023J. Trudeau Court of King's Bench of Alberta
Justice Alice WoolleyCalgary2023J. Trudeau Court of King's Bench of Alberta
Justice Kevin FethEdmonton2023J. Trudeau Court of King's Bench of Alberta
Justice Tamara FriesenEdmonton2024J. Trudeau Court of King's Bench of Alberta
Justice Joshua HawkesCalgary2024J. Trudeau Alberta Court of Justice
Supernumerary judges of the Court of Appeal of Alberta
NameStationed inAppointedNominated byPosition prior to appointment
Justice Peter W.L. Martin [11] [12]
(Supernumerary)		Calgary2005Martin Court of Queen's Bench of Alberta
Justice Jack Watson [13] [14]
(Supernumerary)		Edmonton2006Harper Court of Queen's Bench of Alberta
Justice Patricia A. Rowbotham [15] [16] [17] [18]
(Supernumerary)		Calgary2007Harper Court of Queen's Bench of Alberta
Justice Thomas W. Wakeling (Supernumerary)Edmonton2014Harper Court of Queen's Bench of Alberta

Fraser Milner Casgrain (1983 to 2013)

Justice Jo'Anne Strekaf (Supernumerary)Calgary2016J. Trudeau Court of Queen's Bench of Alberta
Justice Elizabeth A. Hughes (Supernumerary)Calgary2018J. Trudeau Court of Queen's Bench of Alberta

Former chief justices of Alberta

Previous judges

See also

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References

  1. ↑ Medical Profession Act , RSA 2000, c. M-11, Part 4
  2. ↑ Legal Profession Act , RSA 2000, c. L-8
  3. ↑ Energy Resources Conservation Act , RSA 2000, c. E-10
  4. ↑ "History of the Court of Appeal". Albertacourts.ca. Alberta Court of Appeal. Retrieved August 5, 2018.
  5. ↑ Court of Appeal Act , RSA 2000, c. C-30
  6. 1 2 Canada, Office of the Commissioner for Federal Judicial Affairs (March 31, 2007). "Federal Judicial Appointments - Number of Federally Appointed Judges in Canada". www.fja.gc.ca.
  7. ↑ "Northwest Territories Courts". www.nwtcourts.ca. Archived from the original on June 27, 2007. Retrieved September 23, 2009.
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  10. ↑ https://archive.today/20071205195257/http://canada.justice.gc.ca/en/news/ja/2001/doc_26020.html. Archived from the original on December 5, 2007.{{cite web}}: Missing or empty |title= (help)
  11. ↑ "We couldn't find that Web page (Error 404) - Department of Justice / Nous ne pouvons trouver cette page Web (Erreur 404) - Ministère de la Justice". www.justice.gc.ca. Archived from the original on June 14, 2011. Retrieved September 28, 2009.
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