Supreme Court of Newfoundland and Labrador (Court of Appeal)

Supreme Court of Newfoundland and Labrador (Court of Appeal)
Coat of Arms of the Supreme Court [1]
Established 1975
Country Canada: Province of Newfoundland and Labrador
Location St. John's
Authorized by Judicature Amendment Act, 1974
No. of positions 6
Website Court of Appeal
Chief Justice
Currently Deborah Fry
Since June 22, 2018

The Supreme Court of Newfoundland and Labrador (Court of Appeal) is at the top of the hierarchy of courts for the Canadian province of Newfoundland and Labrador. Legally, the Court of Appeal is the appeal division of the Supreme Court of Newfoundland and Labrador and derives its powers and jurisdiction from the Judicature Amendment Act, 1974.

The separate Court of Appeal was established in 1975 and comprises the Chief Justice and 5 other justices.[2] At any given time there may be one or more additional justices who sit as supernumerary justices.[3] Prior to that both trial and appeals were carried out in the Supreme Court, where the individual judges routinely acted as a trial judges but, in the event of an appeal, would sit together (en banc) to hear it. [4]

The Court now hears appeals of all type from the Supreme Court Trial Division's General Division, Family Division, Provincial Court, and a number of boards and tribunals. Decisions are subject to final appeal to the Supreme Court of Canada. Prior to 1949, when Newfoundland became a province of Canada, final appeals passed to the Judicial Committee of the Privy Council, which was the highest court for the British Empire and Commonwealth. (For a list of Newfoundland decisions from the Judicial Committee, see: List of Newfoundland Cases of the Judicial Committee of the Privy Council (pre-1949)).

Current members

Position / Name Appointed Nominated by Position Prior to Appointment
Chief Justice Deborah Fry[5] 2018 Trudeau Supreme Court of Newfoundland and Labrador {Trial Division)
Justice Gale Welsh[6] 2001 Chretien Supreme Court of Newfoundland and Labrador (Trial Division) (March 1999 to 2001)
Department of Justice in Newfoundland (1989 to 1999)
Saskatchewan Department of Justice (1984 to 1988)
Justice Charles White 2009 Harper Lawyer at White, Ottenheimer & Baker
Justice Michael Harrington[7] 2009 Harper Supreme Court of Newfoundland and Labrador (Trial Division) (2007 to 2009)
Private practice
Justice Lois R. Hoegg 2010 Harper Supreme Court of Newfoundland and Labrador (Trial Division)
Justice Francis P. O’Brien[8] 2017 Trudeau Director of Legal Education, Law Society of Newfoundland and Labrador

Supernumerary

Position / Name Appointed Nominated by Position Prior to Appointment
Justice J. Derek Green (S) 2009 Harper Chief Justice of the Supreme Court of Newfoundland and Labrador (Trial Division)

List of Chief Justices

Source (1791–1880):[9]

Court of Civil Jurisdiction founded 1791[10]
Supeme Court of Judicature of the Island of Newfoundland founded 1792[11]
Supreme Court of Newfoundland founded 1824[12]
Supreme Court of Newfoundland and Labrador Court of Appeal founded 1975.

No Name Appointed Position prior to Appointment Notes
25 Deborah Fry 2018 Supreme Court of Newfoundland and Labrador {Trial Division)
24 J. Derek Green 27 Mar 2009 Became a Supernumerary Justice on 1 December 2017[13]
23 Clyde Wells 1999 Court of Appeal to 2009
22 James R. Gushue 1996 to 1998
21 Noel Goodridge [14] 17 Nov 1986
20 Arthur Samuel Mifflin 1979 Chief Justice Trials Division
19 Robert Stafford Furlong [15] 1958
18 Sir Albert Joseph Walsh [16] Sep 1949 1st Lieutenant-Governor
17 Sir Lewis Edward Emerson 1944 Commissioner for Defence
16 Sir William Henry Horwood[17] 25 July 1902 Minister of Justice and Attorney-General
15 Sir Joseph Ignatius Little [18] 1898 Judge
14 Sir Frederick Bowker Terrington Carter 20 May 1880 Prime Minister of Newfoundland
13 Sir Hugh William Hoyles 4 March 1865 Prime Minister and Attorney General
12 Sir Francis Brady 29 Nov 1847
11 Thomas Norton 5 Nov 1844
10 John Gervase Hutchinson Bourne 1838 Removed from office, 1844
9 Henry John Boulton 1833 Attorney General of Upper Canada Removed from office, 1844
8 Richard Alexander Tucker 1 Oct 1822
7 Sir Francis Forbes 4 Aug 1816 Crown Law Officer in Bermuda left to be the first Chief Justice of the Supreme Court of New South Wales.
6 Caesar Colclough

1813

 Chief Justice of Prince Edward Island
5 Thomas Tremlett 1804 Naval Officer Exchanged for Colclough, 1813
4 Jonathan Ogden 1803 Naval Officer
3 Richard Routh 1797 Collector of Customs Drowned at sea
2 D'Ewes Coke 1793 Naval surgeon
1 John Reeves 1791 Law Clerk to the Board of Trade (held concurrently) Sole judge; author of the Judicature Acts of 1791 and 1792

Notes

  1. ↑ The Court continues to use the Royal Arms of the United Kingdom to identify itself, though it achieved dominion status in 1907 and joined Canada as a province in 1949.
  2. ↑ NUMBER OF FEDERALLY APPOINTED JUDGES AS OF JULY 1, 2018, www.fja.gc.ca
  3. ↑ ibid.
  4. ↑ "History of the Court of Appeal". Law Courts of Newfoundland and Labrador. Retrieved 10 October 2015.
  5. ↑ "Prime Minister announces appointment of new Chief Justice of Newfoundland and Labrador and new Associate Chief Justice of the Supreme Court of British Columbia". Retrieved 26 June 2018.
  6. ↑ "Queen's Counsel Appointments". Retrieved 30 July 2018.
  7. ↑ "3 lawyers appointed to Supreme Court bench". Retrieved 30 July 2018.
  8. ↑ "Government of Canada announces judicial appointment in the province of Newfoundland and Labrador". Retrieved 21 March 2018.
  9. ↑ Prowse, D.W. A History of Newfoundland from the English, Colonial and Foreign Records. p. 662.
  10. ↑ http://www.heritage.nf.ca/lawfoundation/articles/doc5_1791judicature.html
  11. ↑ http://www.heritage.nf.ca/lawfoundation/articles/doc6_1792judicature.html
  12. ↑ http://www.heritage.nf.ca/lawfoundation/articles/doc7_1824judicature.html
  13. ↑ Chief Justice Derek Green stepping down in December
  14. ↑ http://www.lewisday.ca/ldlf_files/Anecdotal/anecdotal.pdf
  15. ↑ http://www.lewisday.ca/ldlf_files/Anecdotal/anecdotal.pdf
  16. ↑ http://www.lewisday.ca/ldlf_files/Anecdotal/anecdotal.pdf
  17. ↑ "Judicial Appointments in Newfoundland". The Times (36830). London. 26 July 1902. p. 7.
  18. ↑ http://faculty.marianopolis.edu/c.belanger/nfldhistory/Newfoundland%20biographies%20K-P.htm
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