Supreme Court of Prince Edward Island

The Supreme Court of Prince Edward Island (also called the Prince Edward Island Supreme Court, or PESC) is the superior court of the Canadian province of Prince Edward Island.

Supreme Court of Prince Edward Island
Appeals toCourt of Appeal of Prince Edward Island

The Court is composed of five judges, led by its Chief Justice, currently Tracey L. Clements.[1] The Supreme Court derives its jurisdiction from Prince Edward Island's Judicature Act, enacted in its current form in 2008.[2]

History and functions

Prior to 2008 reforms that were formally implemented in 2009, the superior court in Prince Edward Island was the Supreme Court of Prince Edward Island (Trial Division).[3] With the passage of the Judicature Act, the Supreme Court was stripped of its corresponding Appeal Division, now assigned to the newly created Court of Appeal of Prince Edward Island, while the Supreme Court of Prince Edward Island remained as a single-division superior court. All former justices of the Supreme Court (Trial Division) became justices of the Supreme Court.

Pursuant to the Constitution Act, 1867, the Supreme Court is operated by the provincial government, while its justices are appointed by the Governor General of Canada, on the advice of the Prime Minister of Canada. Section 96 of the Constitution Act has traditionally been interpreted as supplying the Supreme Court with inherent jurisdiction.[4]

The Supreme Court sits in Georgetown, Summerside, and the provincial capital of Charlottetown, Prince Edward Island. It deals with pre-trial matters and hears trials dealing with such cases as family matters, estate and probate, as well as indictable criminal matters, which can be heard with or without a jury. It also hears applications for judicial reviews concerning the decisions of tribunals with the Provincial Court of Prince Edward Island.

Current judges
Position Name Appointed Supernumerary Nominated by Position prior to appointment
Chief Justice Tracey L. Clements 2017 Trudeau Lawyer at Stewart McKelvey
Justice Nancy L. Key 2013 Harper Lawyer at McInnes Cooper
Justice Terri A. MacPherson 2017 Trudeau Lawyer at the PEI Department of Justice and Public Safety
Justice Jonathan M. Coady 2022 Trudeau Lawyer at Stewart McKelvey
Justice Gregory A. Cann 2018 Trudeau Lawyer at Cox & Palmer
Supernumerary Justice Gordon L. Campbell 2001 2018 Chrétien Lawyer at Stewart McKelvey Stirling Scales

See also

References
  1. Justices of the Supreme Court, Courts of PEI
  2. Judicature Act, RSPEI 1988, c J-2.1, s 8.
  3. Act to overhaul higher courts in P.E.I. comes into effect, The Guardian, 17 January 2009.
  4. Baxter Student Housing Ltd. et al. v. College Housing Co-operative Ltd. et al., [1976] 2 SCR 475.
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