Nova Scotia Supreme Court

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Supreme Court of Nova Scotia, Halifax, Nova Scotia Supreme Court of Nova Scotia.jpeg
Supreme Court of Nova Scotia, Halifax, Nova Scotia

The Nova Scotia Supreme Court is a superior court in the province of Nova Scotia.

Contents

The Supreme Court consists of 25 judicial seats including the position of Chief Justice and Associate Chief Justice. [1] At any given time there may be one or more additional justices who sit as supernumerary justices. [1] The justices sit in 18 different locations around the province.

Jurisdiction

As with all superior courts across the country, the court is said to have inherent jurisdiction. It hears civil and criminal trials. The criminal trials can be judge alone or judge and jury. The court will also hear appeals from the provincial court, small claims court, Family court, and various provincial tribunals.

Appeals of Supreme Court decisions are then made to the Nova Scotia Court of Appeal.

History

1st Chief Justice Jonathan Belcher by John Singleton Copley (1754), Court Room 4, Nova Scotia Supreme Court JonathanBelcherByCopley.jpg
1st Chief Justice Jonathan Belcher by John Singleton Copley (1754), Court Room 4, Nova Scotia Supreme Court
Site of First Court House Plaque, Royal Nova Scotia Historical Society, Scotia Square, Halifax, Nova Scotia Site of First Nova Scotia Court House and Legistlative Assembly, Scotia Square, Halifax, Nova Scotia.jpg
Site of First Court House Plaque, Royal Nova Scotia Historical Society, Scotia Square, Halifax, Nova Scotia
Thomas Andrew Lumisden Strange By Benjamin West, Nova Scotia Supreme Court, Court Room 5, Halifax, Nova Scotia, Canada Thomas Andrew Lumisden Strange, Nova Scotia Law Court, Room -5, Halifax, Nova Scotia, Canada.jpg
Thomas Andrew Lumisden Strange By Benjamin West, Nova Scotia Supreme Court, Court Room 5, Halifax, Nova Scotia, Canada

While the first court administering the Common Law was established in Annapolis Royal in 1721, the creation of a Supreme Court took place on October 21, 1754, several years before the Province was granted a legislative assembly. [3] The court is the oldest court in Canada and is among the oldest in North America.

Jonathan Belcher was appointed the first Chief Justice of the Nova Scotia Supreme Court. The court's jurisdiction extended to the entire colony, which, after the Treaty of Paris ended the war with France in 1763, includes present day Prince Edward Island, New Brunswick and eastern Maine.

In 1990, on the recommendation of the Nova Scotia Court Structure Task Force, the County and Supreme courts were merged to create a bench of 25 judges at the trial level. Since 1999, the Supreme Court also administers the Nova Scotia Family Division Court, with eight judges, that has jurisdiction over divorces and other family law cases in the Halifax and industrial Cape Breton.

Supreme Court Family Division

The Supreme Court includes the Family Division which adjudicates matters of family law in the regions of Halifax and Cape Breton. As Supreme Court Justices, they have authority over both divorce as well as all other family law matters, unlike their provincial court counterparts who do not have the federal authority to adjudicate divorces.

Justices of the Supreme Court

NameLocationDate appointedAppointed byPrior position(s)
Chief Justice Deborah K. Smith [4] Halifax2019TrudeauAssociate Chief Justice of the Nova Scotia Supreme Court (2004–2019)
Nova Scotia Supreme Court Justice (2001–2004)
McInnes Cooper (1983 to 2001)
Associate Chief Justice Patrick J. Duncan [5] [6] Halifax2007HarperNova Scotia Supreme Court Justice (2007–2020)

Beveridge, MacPherson & Duncan (1986 to 2007)
NS Legal Aid (1980 to 1986)

Justice Patrick Murray [7] [8] [9] Sydney2010HarperMurray, Gouthro, Wall LLP (2002 to 2010)
Gillis and Murray LLP

Stewart, McKelvey, Stirling, Scales LLP (1991 to 2002)

Justice Pierre L. Muise [8] [9] Yarmouth2010HarperProvincial Court Judge (2009 to 2010)

NS Public Prosecution Service (1996 to 2009)

Justice Peter Rosinski [10] Halifax2010HarperNS Public Prosecution Service (1989 to 2010)
Appeal Crown (2005 to 2010)
McLean & Associates (1989)
Margeson & Wilson (1988)
MacIntosh, MacDonnell & MacDonald (1986 to 1988)
Justice James L. Chipman [11] [12] Halifax2013HarperStewart McKelvey Sterling Scales LLP (1998 to 2013)

Cox Downie (1992 to 1998)

Justice Joshua M. Arnold [11] [12] Halifax2013HarperArnold Pizzo McKegan LLP (1996 to 2013)
NS Crown Attorney
Justice Robin C. M. Gogan [11] [12] Sydney2013HarperBreton Law Group (2011 to 2013)

Sampson McDougall (2002 to 2011)

Justice Denise Boudreau [13] Halifax2013HarperPublic Prosecution Service of Canada (2007 to 2013)
NS Legal Aid (1998–2007)
LeBlanc, MacDonald, and Pickup (1994 to 1998)
Justice Jamie Campbell [14] Halifax2014HarperProvincial Court Judge (2005 to 2014)

Cox Hanson (1983 to 2005)

Justice Jeffrey R. Hunt [15] Truro2015HarperPatterson Law (1992 to 2015)
Justice D. Timothy Gabriel [16] Halifax2016TrudeauProvincial Court Judge (2010 to 2016)

Landry McGillivray (1982 to 2010)

Justice Ann E. Smith [16] Halifax2016TrudeauBurchells LLP
Justice Christa Brothers [17] [18] Halifax2017TrudeauStewart McKelvey Sterling Scales LLP
Justice John Bodurtha [19] Halifax2018TrudeauAtlantic Regional Office, Justice Canada
Justice Darlene JamiesonHalifax2018TrudeauMerrick Jamieson Sterns Washington & Mahody
Justice Scott NortonPictou2018TrudeauStewart McKelvey
Justice John KeithHalifax2019TrudeauWeir Foulds, Toronto (1993–1999)

Cox & Palmer, Halifax (2000–2019)

Justice Diane RoweBridgewater2020TrudeauDepartment of Justice
Justice Jean DewolfeKentville2021TrudeauProvincial Court of Nova Scotia
Justice Lloyd Berliner2021TrudeauPatterson Law
Justice Gail GatchalianHalifax2021TrudeauPink Larkin Lawyers
Supernumerary
NameLocationDate appointedAppointed byPrior position(s)
Justice Frank C. EdwardsSydney1993Chrétien
Justice Gerald R. P. Moir [20] Halifax1997ChrétienBurchell, MacDougall (1984 to 1997)
Federal Business Development Bank (1980 to 1984)
Weldo, Misener & Covert (1977 to 1980)
Justice Robert William Wright [21] Halifax1998ChrétienDaley, Black & Moreira
Justice C. Richard Coughlan [22] Bridgewater2001ChrétienCoughlan and Coughlan
Justice Mona M. Lynch [23] Bridgewater2002ChrétienDept of Justice, Youth Crime
NS Legal Aid (1987 to 1999)
Justice of Family Division
NS Legal Aid
Justice Gregory M. Warner [24] Kentville2003ChrétienWarner, Jacquard
Pink Macdonald Harding
Town of Yarmouth
Justice Kevin Coady [24] Halifax2003ChrétienCoady Filiter
Justice N. M. (Nick) Scaravelli [25] Pictou/Antigonish2006HarperMacintosh MacDonnell & MacDonald (1977 to 2006)

Fitzgerald and Assoc. (1974 to 1977)

Justice Glen G. McDougall [26] [27] Halifax2001ChrétienSampson McDougall LLP (1983 to 2001)

Past Judges

NameLocationDurationAppointed byPrior position(s)
Justice M. Heather Robertson1998 to 2021Jean ChrétienChief of Staff to the Premier of Nova Scotia (1995)
Burchell, MacDougall (1986 to 1998)
Walker, Dunlop (1985 to 1986)
Chief Justice Joseph Phillip Kennedy 1997 to 2019Jean ChrétienChief Justice of the Supreme Court of Nova Scotia (1998 to 2019)
Chief Judge of Provincial Court (1993 to 1997)
Provincial Court Judge (1978 to 1993)
Kenney, Theakson, Kennedy & Allen (1969 to 1978)
Justice Felix A. Cacchione [28] June 12, 1986, to February 27, 2018Brian MulroneyPrivate Practice
Nova Scotia Legal Aid
Justice Elizabeth Van den Eynden [12] [15] October 2, 2013 to February 6, 2015Stephen HarperMacIntosh, MacDonnell & MacDonald (1988 to 2013)
Justice Arthur W. D. Pickup [23] [29] December 11, 2002, to September 30, 2016Jean ChrétienLeBlanc, MacDonald & Pickup (1975 to 2002)
Justice Linda Lee Oland1998 to 2000Jean ChrétienMcInnes, Cooper & Robertson (1976 to 1998)
Justice Arthur Joseph LeBlanc [30] 1998 to 2017Jean Chrétien
Justice Joseph Michael MacDonald1995 to 2005Jean Chrétien
Justice Marlene Jill Hamilton [31] 1995 to 2001Jean Chrétien
Justice John Edward Flinn1995 to 2002Jean Chrétien
Justice J. Edward Scanlan1993 to 2015
Justice Hiram Joseph Carver1993 to 2005
Justice Nancy Jean Bateman1993 to 1995
Justice Charles Edward Haliburton [32] January 1993 to 2013Brian MulroneyEric Kinsman (1962 to 1986), Member of Parliament (1972 to 1974, 1979 to 1980)
Justice Ian Palmeter1993 to 1997County Court Judge (1985 to 1993)
Justice Simon James MacDonald [33] January 30, 1993 to December 17, 2016Brian MulroneyCounty Court Judge (November 18, 1982 to January 30, 1993)
Crown attorney
MacIntyre, MacDonald & Gillis
federal Department of Justice
Justice Donald MacKinnon Hall1993 to 2006County Court Judge (1982 to 1993)
Justice Douglas Lawrence MacLennan1993 to unknown
Justice Norman Robert Anderson1993 to 1998
Justice John Hugh MacDonnell1993 to 1995
Justice Murray James Ryan1993 to 1994
Justice Ronald Newton Pugsley1993 to 2000
Justice Jamie William Sutherland Saunders1990 to 2015Brian Mulroney
Justice David William Gruchy1990 to 2007Brian Mulroney
Justice Walter Robert Evans Goodfellow1990 to 2009Brian Mulroney
Justice Allan Paul Boudreau [34] March 30, 1990 to 2007
2007 to October 31, 2016 (Supernumerary)
Brian MulroneyCrawford, Boudreau & Khattar (1975 to March 30, 1990)
Justice Gerald B. Freeman1990 to 1993Brian MulroneyCounty Court Judge (1988 to 1990)
Justice Elizabeth Ann MacKinnon Roscoe1989 to 1992Brian Mulroney
Justice David Ritchie Chipman1987 to 2000Brian Mulroney
Justice John McNab Davison1987 to 2008Brian Mulroney
Justice Gordon Alfred Tidman1985 to 2007Brian Mulroney
Justice Francis Bernard William Kelly1985 to 2009Brian Mulroney
Justice Kenneth McNeill Matthews1985 to 1997Brian Mulroney
Justice Robert Buckley MacDonald1985 to 1995Brian Mulroney
Justice Hilroy Selig Nathanson1982 to 2007
Justice Daniel Merlin Nunn [35] 1982 to 2005
Justice Lorne Otis Clarke1981 to 1997
Justice Roderick MacLeod Rogers1981 to 1998
Justice Peter M. NicholsonDigby, Annapolis RoyalFebruary 26, 1981 – April 15, 1986
Justice Charles Denne Burchell1979 to 1989
Justice Kenneth Peter Richard1978 to unknown
Justice Leonard Lawson Pace 1978 to 1990
Justice Constance Rachlle Glube1977 to 1998
Justice James Doane Hallett1977 to 1990
Justice William Johnston Grant1977 to 1995
Justice Angus Lewis Macdonald (1973–1992)
Justice Alexander Murdoch Macintosh (1973–1991)
Justice Ian Malcolm MacKeigan (1973–1990)
Justice Vincent Alan James Morrison (1973–1987)
Justice Malachi Cornelius Hubert Jones (1970–1979) appointed to Court of Appeal
Justice Gordon Leavitt Shaw Hart (1968–1999)
Justice Donald Joseph Gillis (1968–1973)
Justice Arthur Gordon Cooper (1968–1983)
Justice Justin Louis Dubisky (1967–1976)
Justice Gordon Stewart Cowan (1966–1981)
Justice Alexander Hugh McKinnon (1966–1973)
Justice Ronald Manning Fielding (1965–1972)
Justice Vincent Joseph Pottier (1965–1970)
Justice Thomas Herbert Coffin (1961–1981)
Justice Frederick William Bissett (1961–1977)
Justice Frank Harris Patterson (1958–1965)
Justice Vincent Christopher MacDonald (1950–1964)
Justice Lauchlin Daniel Currie (1949–1968)
Justice James Lorimer Ilsley (1949–1967)
Justice Eugene Troop Parker (1948–1961)
Justice Josiah H. MacQuarrie (1947–1968)
Justice John Stanley Smiley (1938–1945)
Justice Joseph Andrew Chisholm (1916–1950) [36]
Justice Robert Edward Harris (1915–1931) [36]
Justice James Johnston Ritchie (1912–1925) [37]
Justice Wallace Nesbit Graham (1889–1917) [36]
Justice Charles James Townshend (1887–1914) [36]
Justice James McDonald (1881–1904) [36]
Justice Robert Linton Weatherbe (1878–1907) [36]
Justice John William Ritchie (1870–1882) [37]

Judges of the Supreme Court Family Division

NameLocationDate appointedAppointed byPrior position(s)
Associate Chief Justice Lawrence I. O'Neil [38] HalifaxSeptember 19, 2007Stephen HarperJustice of Family Division (19 September 2007 to present)
NS Legal Aid, Antigonish (1999 to 2007)
Pickup & MacDowell (1997 to 1999)
Advisor to the Prime Minister of Canada (1990 to 1993)
Sole Practitioner (1989 to 1990)
Member of Parliament (1984 to November 21, 1988)
Assistant to the Premier of Nova Scotia (1980 to 1982)
Justice Leslie J. Dellapinna [39] HalifaxJune 7, 2001Jean ChrétienCox Hanson O'Reilly Matheson
Justice Theresa M. Forgeron [40] SydneyJune 24, 2005Paul MartinH. F. MacIntyre and Associates
Justice Kenneth Haley [41] SydneyJuly 31, 2008Stephen HarperCrown attorney (1984 to 2008)
MacLellan, MacDonald & Haley (1980 to 1984)
Justice Elizabeth Jollimore [42] HalifaxNovember 28, 2008Stephen HarperStewart McKelvey (1988 to 2008)
Olsers (1987 to 1988)
Justice Beryl A. MacDonald [43] HalifaxMarch 24, 2005Paul MartinHicks, LeMoine
Justice Robert M. Gregan [44] [45] SydneyJune 24, 2015Stephen HarperNS Legal Aid
Hicks, Lemoine (1991 to 2003)
Justice Robert Ferguson [46] HalifaxMarch 24, 1999ChrétienMcIntyre, Gillis & Ferguson (1962 to 1971)
Family Court Judge (1971 to 1999)
Justice Carole A. Beaton [47] HalifaxFebruary 4, 2011Stephen HarperProvincial court (2002 to 2011)
Beaton Blaikie (1994 to 2002)
Sole practitioner (1992 to 1994)
Creighton & Shatford (1988 to 1992)
Justice C. Lou Ann Chiasson [15] HalifaxFebruary 6, 2015Stephen HarperWeldon McInnes (2000 to 2015)
Chiasson McClure (1995 to 2000)
Sole practitioner (1994 to 1995)
Burchell MacAdam & Hayman (1992 to 1994)
Justice Cindy G. Cormier [48] HalifaxOctober 10, 2014Stephen HarperDepartment of Justice
Justice R. Lester JesudasonHalifaxMay 5, 2015Stephen HarperBlois Nickerson (1997 to 2015)
Justice Pamela J. MacKeiganHalifaxOctober 20, 2016Justin TrudeauBlois Nickerson
NS Legal Aid
Justice Lee Anne MacLeod-ArcherSydneyApril 11, 2014Stephen HarperStewart McKelvey Stirling Scales (1992 to 2002)
LaFosse MacLeod (2002 to 2014)
Justice Cindy Murray [18] HalifaxJuly 18, 2017Justin TrudeauNS Legal Aid (1993 to 2017)
Supernumerary
NameLocationDate of appointmentPrior position(s)
Justice R. James Williams [46] HalifaxMarch 24, 1999Walker, Dunlop (1986 to 1987)
Blois, Nickerson, Palmeter and Bryson (1987 to 1999)
Justice Moira C. Legere-Sers [46] Port HawkesburyMarch 24, 1999NS Legal Aid (1993 to 1999)
Maritime Life Assurance Company (1980 to 1984)
Boyne Clarke (1977 to 1980)
Justice Deborah Gass [46] HalifaxMarch 24, 1999Executive Director of the Penitentiary Legal Services (1979 to 1991)
Wright, Chivers & Co (1977)
Justice Darryl W. Wilson [46] SydneyMarch 24, 1999Family Court Judge (1985 to 1999)
Crown Attorney (1980 to 1982)
Edwards & Wilson (1976 to 1980)
Retired
NameLocationDurationAppointed ByPrior position(s)
Justice Douglas C. Campbell [46] [49] [50] HalifaxMarch 30, 1999 to May 31, 2016Jean ChrétienCox Hansen O'Reilly Matheson (1974 to March 30, 1999)
Justice J. Vernon MacDonald [49] SydneyMarch 30, 1999 - unknownJean ChrétienKhattar & Khattar (1973 to 1975, 1978 to 1982)
Nova Scotia Legal Aid (1975 to 1978)
Sole practitioner (1982 to 1985)
Family Court Judge (1985 to 1999)
Justice M. Clare MacLellan [46] [49] [51] SydneyMarch 30, 1999 – 2007Jean ChrétienNova Scotia Legal Aid (1977 to 1981)
Children's Aid Society (1988 to 1995)
Family Court Judge (1995 to 1999)

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