Nova Scotia Court of Appeal

The Court of Appeal for Nova Scotia (Nova Scotia Court of Appeal or NSCA) is the highest appeal court in the province of Nova Scotia, Canada. There are currently 8 judicial seats including one assigned to the Chief Justice of Nova Scotia.[1] At any given time there may be one or more additional justices who sit as supernumerary justices.[1] The court sits in Halifax, which is the capital of Nova Scotia. Cases are heard by a panel of three judges. They publish approximately 80 cases each year.

The Court of Appeal for Nova Scotia uses the Royal Arms of the Queen in Right of Nova Scotia to represent the Queen as the font of justice being administered by the court.

History

The Court of Appeal was established on 30 January 1993. From 1966 to 1993, appeals pursuant to Supreme Court cases were heard by the Appellate Division of the Supreme Court and, prior to 1966, by a panel of Supreme Court judges sitting en banc.[2] The Chief Justice of the Court of Appeal is the Chief Justice of Nova Scotia. Prior to the establishment of the Court of Appeal, the Chief Justice was the Chief Justice of the Appeal Division (1966–1993) and, before 1966, of the Supreme Court.

Jurisdiction

The court derives its power from legislation of the Nova Scotia legislature, the Judicature Act. It hears appeals from the Nova Scotia Supreme Court, Provincial Court of Nova Scotia, and various tribunals.

Only the Supreme Court of Canada has jurisdiction to hear appeals from decisions of the Nova Scotia Court of Appeal; in practice this happens a few times a year.

Judges
Name Appointed Nominated By Prior Position(s)
Chief Justice Michael Wood 2019 J. Trudeau Supreme Court (2011 to 2019)
Burchells LLP
Justice Duncan R. Beveridge[3][4] 2009 Harper Supreme Court (2008 to 2009)
Beveridge, MacPherson and Buckle (1994 to 2008)
MacInnes, Wilson, Flinn Wickwire (1989 to 1994)
Burke Beveridge (1984 to 1989)
Crown attorney (1980 to 1984)
Justice Cindy A. Bourgeois[5][6] 2014 Harper Supreme Court (2009 to 2014)

Hicks, LeMoyne LLP (1992 to 2009)

Justice Peter M.S. Bryson[7][8] 2010 Harper Supreme Court (2009 to 2010)
McInnes Cooper (1982 to 2009)
Justice Anne Derrick [9] 2017 J. Trudeau Provincial Court (2007 to 2017)
Beaton Derrick (1984 to 2007)
Justice David P.S. Farrar [10][11] 2010 Harper Supreme Court (2009 to 2010)
Stewart McKelvey Sterling Scales LLP (1985 to 2009)
Mockler Allen Dixon
Justice Elizabeth Van den Eynden[12][13] 2015 Harper Supreme Court (2013 to 2015)
MacIntosh, MacDonnell & MacDonald (1988 to 2013)
Justice Carole Beaton 2019 J. Trudeau Supreme Court (2011 to 2019)

Supernumerary

Name Appointed Nominated By Prior Position(s)
Justice M. Jill Hamilton October 31, 2001 Chretien Supreme Court (1995 to 2001)
Justice Joel E. Fichaud[14] September 26, 2003 Chretien Patterson Palmer
Justice J. Edward Scanlan[15] October 2, 2013 Harper

Past judges
Name Duration Nominated By Prior Position(s)
Chief Justice Constance Glube (1998–2005)
Justice Gerald Freeman (1998–2006)
Justice Jamie W. S. Saunders (2000–2020) Chretien Supreme Court (1990 to 2000)
Justice Linda L. Oland (2000–2020) Chretien McInnes Cooper
Supreme Court (1998 to 2000)
Justice Thomas Cromwell (1997–2008)
Justice Nancy J. Bateman (1995–2010)
Justice Edward John Flinn (1995–2002)
Justice Ronald Newton Pugsley (1993–2000)
Justice Elizabeth Ann Roscoe (1992–2010)
Justice J. Doane Hallett (1990–1997)
Justice David Ritchie Chipman (1987–2000)
Justice Kenneth McNeill Matthews (1985–1997)
Justice Lorne Otis Clarke (1985–1997)
Justice Vincent A.J. Morrison (1982–1987)
Justice Leonard Lawson Pace (1978–1990)

Chief Justice of Nova Scotia

The Chief Justice of Nova Scotia is the highest position in the Nova Scotia judiciary. Since the creation of the Court of Appeal, this title is held by the Chief Justice of the Court of Appeal. Prior to that the title was held by the Chief Justice of the Nova Scotia Supreme Court Appeal Division (1966–1993) or the Supreme Court (before 1966). For completeness the list includes Chief Justices of Cape Breton Island, which merged with Nova Scotia in 1820.

Chief Justices of Cape Breton Island
  • William Smith (1798 -)
  • William Woodfall (1803 -)
  • Archibald Charles Dodd (1806–1820)
Chief Justices of Nova Scotia
Chief Justices of the Court of Appeal

References
  1. NUMBER OF FEDERALLY APPOINTED JUDGES AS OF JULY 1, 2018, www.fja.gc.ca
  2. "Citing cases from the Court of Appeal and Supreme Court of Nova Scotia". Nova Scotis Barrister's Society. Retrieved 17 October 2015.
  3. "DAL GRAD APPOINTED TO SUPREME COURT". Retrieved 28 March 2018.
  4. "NOVA SCOTIA JUDICIAL APPOINTMENT ANNOUNCED". Dept of Justice. Archived from the original on 8 February 2009. Retrieved 8 August 2018.
  5. "The Courts of Nova Scotia - News - Justice Bourgeois Appointed NSCA". courts.ns.ca.
  6. "NOVA SCOTIA JUDICIAL APPOINTMENT ANNOUNCED". Dept of Justice. Archived from the original on 22 June 2009. Retrieved 8 August 2018.
  7. "NOVA SCOTIA JUDICIAL APPOINTMENT ANNOUNCED". Dept of Justice. Archived from the original on 24 September 2009. Retrieved 8 August 2018.
  8. "NOVA SCOTIA COURT OF APPEAL JUDICIAL APPOINTMENT ANNOUNCED". Archived from the original on 13 May 2013. Retrieved 8 August 2018.
  9. "Government of Canada announces judicial appointments in the province of Nova Scotia". Retrieved 28 March 2018.
  10. "NOVA SCOTIA JUDICIAL APPOINTMENT ANNOUNCED". Dept of Justice. Archived from the original on 24 September 2009. Retrieved 8 August 2018.
  11. "Nova Scotia Justical Appointments Announcements". Archived from the original on 2014-08-07.
  12. "NOVA SCOTIA JUDICIAL APPOINTMENTS ANNOUNCED". Retrieved 28 March 2018.
  13. "The Courts of Nova Scotia - News - Crawford Portrait". courts.ns.ca.
  14. "NOVA SCOTIA JUDICIAL APPOINTMENT ANNOUNCED". Dept of Justice. Archived from the original on 16 June 2004. Retrieved 8 August 2018.
  15. "NOVA SCOTIA JUDICIAL APPOINTMENTS ANNOUNCED". Retrieved 10 July 2018.
  16. Barry Cahill, “The Career of Chief Justice Bryan Finucane,” Nova Scotia Historical Society Collections, vol. 42 (1986), pp. 153-69.
  17. Sir Joseph Chisholm, "Three Justices of Nova Scotia"; Hon. Charles Morris (1711-81), Hon. Jeremy Pemberton (1741-90), and Hon. Sampson Salter Blowers (1743-1842); Nova Scotia Historical Society, Vol. #28 (1949):by #28 (1949); pp. 10. Note. Pemberton's portrait hangs in the Nova Scotia Courts
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