Court of Appeal of Alberta


The Court of Appeal of Alberta is a Canadian appellate court.

Jurisdiction and hierarchy within Canadian courts

The court is the highest in Alberta, Canada. It hears appeals from the Alberta Court of Queen's Bench, the Provincial Court of Alberta, and administrative boards and tribunals, as well as references from the Lieutenant Governor in Council. Some administrative appeals may bypass the Court of Queen's Bench, commonly orders made by professional discipline boards under the Medical Profession Act, the Legal Profession Act, but also under the Energy Resources Conservation Act.
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 Queen'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 both the Edmonton and Calgary court buildings. Unlike other provinces, 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. The new Supreme Court of Alberta comprised a trial division and an appellate division.
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. It was not until 1979 that the court changed its name to the "Court of Appeal of Alberta" through the Court of Appeal Act, 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 including the chief justice, who is the highest judicial officer in the province and holds the position of Chief Justice of Alberta. At any given time there may be several additional judges who also sit as supernumerary justice. 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 status. Occasionally, justices of the Court of Queen'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 will preside 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 of Saskatchewan, and the judges and ex officio judges of the Supreme Court of the Northwest Territories. The current chief justice of Alberta, Catherine Fraser, 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.

Current judges

Supernumerary
NameStationed inAppointedNominated byPosition prior to appointment
Justice Marina S. Paperny
Calgary2001ChrétienCourt of Queen's Bench of Alberta
Justice Peter W.L. Martin
Calgary2005MartinCourt of Queen's Bench of Alberta
Justice Jack Watson
Edmonton2006HarperCourt of Queen's Bench of Alberta
Justice Patricia A. Rowbotham
Calgary2007HarperCourt of Queen's Bench of Alberta
Justice J. D. Bruce McDonald
Calgary2008HarperCourt of Queen's Bench of Alberta
Justice Myra B. Bielby
Edmonton2010HarperCourt of Queen's Bench of Alberta
Justice Peter T. Costigan
Edmonton1999ChrétienCourt of Queen's Bench of Alberta
Justice Sheila J. Greckol
EdmontonJ. TrudeauCourt of Queen's Bench of Alberta
Chivers, Greckol & Kanee

Former chief justices of Alberta