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Supreme Court of British Columbia



 
 
The Supreme Court of British Columbia (SCBC) is the superior trial court
Superior court

In common law systems, a superior court is a court of general competence which typically has unlimited jurisdiction with regard to civil and criminal legal cases....
 for the Canadian province of British Columbia
British Columbia

British Columbia is the westernmost of Canada's Provinces and territories of Canada and is famed for its natural beauty, as reflected in its Latin motto, Splendor sine occasu ....
. The SCBC hears civil
Civil law (common law)

Civil law, as opposed to criminal law, refers to that branch of law dealing with disputes between individuals and/or organizations, in which damages may be awarded to the victim....
 and criminal law
Criminal law

The term criminal law, sometimes called penal law, refers to any of various bodies of rules in different jurisdictions whose common characteristic is the potential for unique and often severe impositions as punishment for failure to comply....
 cases as well as appeals from the Provincial Court of British Columbia
Provincial Court of British Columbia

The Provincial Court of British Columbia is a Trial level court in British Columbia that hears Legal case in Criminal law, civil and family matters....
. The court consists of ninety-nine justice
Judge

A judge, or arbiter of justice, is a lead official who presides over a court of law,which is operated by the local, state, and/or federal government....
s and thirteen masters
Master (judiciary)

A Master is a low rank of judge or judicial official in a number of judiciaries, such as those of the United Kingdom, the Republic of Ireland, and a number of Canada provinces....
, resident throughout British Columbia.

SCBC is a court of record
Court of record

In common law jurisdictions, a court of record is a judicial tribunal having attributes and exercising functions independently of the person of the magistrate designated generally to hold it, and proceeding according to the course of common law, its acts and proceedings being enrolled for a perpetual memorial....
, having original jurisdiction
Jurisdiction

In law, jurisdiction is the practical authority granted to a formally constituted legal body or to a political leader to deal with and make pronouncements on legal matters and, by implication, to administer justice within a defined area of responsibility....
 in all cases, civil and criminal, arising in British Columbia. The SCBC is a court of inherent jurisdiction
Inherent jurisdiction

Inherent Jurisdiction is a doctrine of the England common law that a superior court has the jurisdiction to hear any matter that comes before it, unless a statute or rule limit that authority or grants exclusive jurisdiction to some other court or tribunal....
, in addition to any jurisdiction granted to it by federal or provincial statute.

The SCBC has jurisdiction in any civil dispute, including those matters where the dollar amount involved is within the jurisdiction of the Small Claims
Small claims court

Small claims courts are courts of limited jurisdiction that hear Civil law cases between private litigants. Courts authorized to try small claims may also have other judicial functions, and the name by which such a court is known varies by jurisdiction: it may be known by such names as county court or magistrate's court....
 division of the Provincial Court.






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The Supreme Court of British Columbia (SCBC) is the superior trial court
Superior court

In common law systems, a superior court is a court of general competence which typically has unlimited jurisdiction with regard to civil and criminal legal cases....
 for the Canadian province of British Columbia
British Columbia

British Columbia is the westernmost of Canada's Provinces and territories of Canada and is famed for its natural beauty, as reflected in its Latin motto, Splendor sine occasu ....
. The SCBC hears civil
Civil law (common law)

Civil law, as opposed to criminal law, refers to that branch of law dealing with disputes between individuals and/or organizations, in which damages may be awarded to the victim....
 and criminal law
Criminal law

The term criminal law, sometimes called penal law, refers to any of various bodies of rules in different jurisdictions whose common characteristic is the potential for unique and often severe impositions as punishment for failure to comply....
 cases as well as appeals from the Provincial Court of British Columbia
Provincial Court of British Columbia

The Provincial Court of British Columbia is a Trial level court in British Columbia that hears Legal case in Criminal law, civil and family matters....
. The court consists of ninety-nine justice
Judge

A judge, or arbiter of justice, is a lead official who presides over a court of law,which is operated by the local, state, and/or federal government....
s and thirteen masters
Master (judiciary)

A Master is a low rank of judge or judicial official in a number of judiciaries, such as those of the United Kingdom, the Republic of Ireland, and a number of Canada provinces....
, resident throughout British Columbia.

Jurisdiction

The SCBC is a court of record
Court of record

In common law jurisdictions, a court of record is a judicial tribunal having attributes and exercising functions independently of the person of the magistrate designated generally to hold it, and proceeding according to the course of common law, its acts and proceedings being enrolled for a perpetual memorial....
, having original jurisdiction
Jurisdiction

In law, jurisdiction is the practical authority granted to a formally constituted legal body or to a political leader to deal with and make pronouncements on legal matters and, by implication, to administer justice within a defined area of responsibility....
 in all cases, civil and criminal, arising in British Columbia. The SCBC is a court of inherent jurisdiction
Inherent jurisdiction

Inherent Jurisdiction is a doctrine of the England common law that a superior court has the jurisdiction to hear any matter that comes before it, unless a statute or rule limit that authority or grants exclusive jurisdiction to some other court or tribunal....
, in addition to any jurisdiction granted to it by federal or provincial statute.

The SCBC has jurisdiction in any civil dispute, including those matters where the dollar amount involved is within the jurisdiction of the Small Claims
Small claims court

Small claims courts are courts of limited jurisdiction that hear Civil law cases between private litigants. Courts authorized to try small claims may also have other judicial functions, and the name by which such a court is known varies by jurisdiction: it may be known by such names as county court or magistrate's court....
 division of the Provincial Court. Under the Criminal Code of Canada
Criminal Code of Canada

The Criminal Code of Canada is the codification of most of the criminal offences and procedure in Canada. Section 91 of the Canadian constitution establishes criminal law as under the sole jurisdiction of the federal Parliament....
, the SCBC is included as a "superior court of criminal jurisdiction", meaning that it has exclusive jurisdiction for the trial of serious crimes within British Columbia.

The SCBC also hears appeals from the Provincial Court and some administrative tribunals.

Justices and masters

All justices of the SCBC (including the position of Chief Justice
Chief Justice

The Chief Justice in many countries is the name for the presiding member of a Supreme Court in Commonwealth or other countries with an Anglo-Saxon justice system based on English common law, such as the Supreme Court of the United States, the Supreme Court of Canada, the Supreme Court of India, the Supreme Court of Pakistan, the Supreme Court...
 and Associate Chief Justice) are appointed by the federal
Government of Canada

Canada is a constitutional monarchy. The powers and structure of the federal government are set out in the Constitution of Canada, which includes the written part, the decisions of courts, and unwritten conventions developed over time....
 cabinet
Cabinet of Canada

The Cabinet of Canada plays an important role in the Government of Canada, in accordance with the Westminster System.A council of Minister of the Crown chaired by the Prime Minister, the Cabinet is the senior echelon of the Ministry ; the terms Cabinet and Ministry are sometimes used interchangeably, a subtle inaccuracy which can...
, on recommendation of the Minister of Justice
Minister of Justice (Canada)

The Minister of Justice is the Minister of the Crown in the Cabinet of Canada who is responsible for the Department of Justice and is also Attorney General of Canada....
. All SCBC justices have full jurisdiction over any matter before the SCBC. The current Chief Justice is Justice Donald I. Brenner and the Associate Chief Justice is Patrick D. Dohm.

It is court protocol to refer to SCBC judges as "justices", and in court to address to justices as “My Lord” or “My Lady," unlike in the Provincial Court (and the now-abolished County Court) where the term “judge” is used and the mode of address is (and was) "Your Honour."

Masters are appointed by the provincial cabinet
Executive Council of British Columbia

The Executive Council of British Columbia is the Cabinet of that Canada province.Almost always made up of members of the Legislative Assembly of British Columbia the Cabinet is similar in structure and role to the Cabinet of Canada while being smaller in size....
, on recommendation of the Attorney General
Attorney General

In most common law jurisdictions, the attorney general, or attorney-general, is the main legal advisor to the government, and in some jurisdictions he or she may in addition have executive responsibility for law enforcement or responsibility for public prosecutions....
 in consultation with the Chief Justice. As provincial appointees, masters do not have inherent jurisdiction. Their jurisdiction is limited to those matters granted to them by statute
Statute

A statute is a formal written enactment of a legislative authority that governs a country, state, city, or county. Typically, statutes command or prohibit something, or declare policy....
 and the Rules of Court. Masters preside in chambers
Chambers (law)

A judge's chambers - often just called his or her chambers - is the office of a judge.Chambers may also refer to the type of courtroom where motions related to matter of procedure are heard....
, where they usually hear interlocutory
Interlocutory

Interlocutory is a legal term which can refer to an Court order, Sentence , decree, or judgment, given in an intermediate stage between the commencement and termination of a cause of action, used to provide a temporary or provisional decision on an issue....
 applications and other pre-trial
Trial (law)

In law, a trial is an event in which parties come together to a dispute present information in a formal setting, usually a court, before a judge, jury, or other designated finder of fact, in order to achieve a resolution to their dispute....
 matters. Masters cannot hear civil trials and do not preside in criminal matters. In court, Masters were formerly addressed as "Master," but in a droll practice direction issued by the Chief Justice it was indicated that the Masters considered that that mode of address was redolent of an "I Dream of Jeannie" re-run and they were henceforth to be addressed as “Your Honour”. Masters also sit and hear matters as registrars, hearing such matters as assessments of solicitors fees and accounts.

Prior to 1990, there existed in British Columbia a County Court
County Court

A county court is a court based in or with a jurisdiction covering one or more county, which are administrative divisions within a country....
, an intermediate court between the Provincial Court of British Columbia and the SCBC. In 1990, the County Court of B.C. merged with the SCBC and its judges became justices of the SCBC.

Judicial districts

The SCBC sits in eight judicial districts, commensurate with the following counties
Counties of British Columbia

In British Columbia, eight counties are created in the County Boundary Act.The counties are created for the administration of justice, and are not used in the administration of government....
: Cariboo; Kootenay; Nanaimo; Prince Rupert; Vancouver; Victoria; Westminster; and Yale. The Counties of Vancouver and Westminster are collectively one judicial district under the name of the "Vancouver Westminster Judicial District".

Within each county
Counties of British Columbia

In British Columbia, eight counties are created in the County Boundary Act.The counties are created for the administration of justice, and are not used in the administration of government....
, or judicial district, justices are resident in the following locations: Chilliwack
Chilliwack, British Columbia

Chilliwack is a Canada city in the Province of British Columbia. It is a predominantly agricultural community with an estimated population of 70,000 people....
; Cranbrook
Cranbrook, British Columbia

Cranbrook, British Columbia is a city in southeast British Columbia, seat of the Regional District of East Kootenay, British Columbia. As of the Canada 2007 Census the population is 20,667, spread over an area of 25.14 square kilometres for a population density of 726.6 persons per square kilometre....
; Kamloops
Kamloops, British Columbia

Kamloops is a city in south central British Columbia, Canada, at the confluence of the two branches of the Thompson River and near Kamloops Lake....
; Kelowna
Kelowna, British Columbia

Kelowna is a city on Okanagan Lake in the Okanagan Valley of British Columbia, Canada. Its name derives from a native term for "grizzly bear". Kelowna ranks as the 22nd largest List of the 100 largest metropolitan areas in Canada in Canada....
; Nanaimo
Nanaimo, British Columbia

Nanaimo is the second largest city on Vancouver Island in British Columbia, Canada. It has been dubbed the "Bathtub Racing Capital of the World" and "Harbour City"....
; Nelson
Nelson, British Columbia

Nelson is a city located in the Selkirk Mountains on the extreme west arm of Kootenay Lake in the British Columbia Interior of British Columbia, Canada....
; New Westminster
New Westminster, British Columbia

New Westminster is a historically important city in the Metro Vancouver regional district of British Columbia, Canada. It was founded as the second capital of the Colony of British Columbia ....
; Prince George
Prince George, British Columbia

Prince George, with a population of 70,981 , is the largest city in northern British Columbia and is known as "BC's Northern Capital". Situated at the confluence of the Fraser River and Nechako River Rivers, and the crossroads of British Columbia Highway 16 and British Columbia Highway 97, the city plays an important role in the province's ec...
; Prince Rupert
Prince Rupert, British Columbia

Prince Rupert is a port city in the province of British Columbia, Canada. It is the land, air, and water transportation hub of British Columbia Coast, and home to some 12,815 people ....
; Victoria
Victoria, British Columbia

Victoria is the capital city of British Columbia. Located on the southern tip of Vancouver Island, Victoria is a major tourism destination seeing more than 3.65 million visitors a year who inject more than one billion dollars into the local economy....
; and Vancouver
Vancouver

Vancouver is a coastal city and major seaport located in the Lower Mainland of southwestern British Columbia, Canada. It is the largest city in British Columbia and the second largest metropolitan area in the Pacific Northwest region....
.

The SCBC also holds sittings in the following court locations for which there is not a resident justice: Campbell River
Campbell River, British Columbia

Campbell River is a Canada/cities in British Columbia on the east coast of Vancouver Island at the south end of Discovery Passage, which lies along the important coastal Inside Passage shipping route....
; Courtenay
Courtenay, British Columbia

Courtenay is a city on the east coast of Vancouver Island, in the province of British Columbia, Canada. It is the largest city in the area commonly known as the Comox Valley, and it is the location of the head offices of the Comox Valley Regional District, British Columbia....
; Dawson Creek
Dawson Creek, British Columbia

The City of Dawson Creek is a small city in northeastern British Columbia, Canada. The municipality of had a population of 11,811 in 2007. Dawson Creek derives its name from the creek of the same name that runs through the community....
; Duncan
Duncan, British Columbia

Duncan is a city on southern Vancouver Island in British Columbia, Canada....
; Fort Nelson
Fort Nelson, British Columbia

Fort Nelson is a town of approximately 5000 residents in British Columbia's northeastern corner. It is the seat, and only municipality in the Northern Rockies Regional District, British Columbia....
; Fort St. John
Fort St. John, British Columbia

The City of Fort St. John is a small city in northeastern British Columbia, Canada. A member municipality of the Peace River Regional District, British Columbia, the city covers an area of about 22 km? with 17,402 residents ....
; Golden
Golden, British Columbia

Golden is a town in southeastern British Columbia, Canada, located 262 kilometres west of Calgary, Alberta and 713 kilometres east of Vancouver....
; Penticton
Penticton, British Columbia

Penticton is a city in the Okanagan Valley of the British Columbia Interior, Canada between Okanagan Lake and Skaha Lake. Its 2006 population was 31,909 ....
; Port Alberni
Port Alberni, British Columbia

Port Alberni is a city located in the province of British Columbia in Canada. It is the seat of the Alberni-Clayoquot Regional District, British Columbia....
; Powell River
Powell River, British Columbia

Powell River is a city on the northern Sunshine Coast, British Columbia of southwestern British Columbia, Canada. Most of its population lives near the eastern shores of Malaspina Strait, that part of the larger Gulf of Georgia between Texada Island and the Mainland....
; Quesnel
Quesnel, British Columbia

Quesnel is a small city that is part of the Cariboo Regional District, British Columbia of British Columbia, Canada. Located nearly evenly between the cities of Prince George, British Columbia and Williams Lake, British Columbia, it is on the main route to northern British Columbia and the Yukon....
; Revelstoke
Revelstoke, British Columbia

Revelstoke is a city in southeastern British Columbia, Canada. It is located 641 kilometers east of Vancouver, and 415 kilometers west of Calgary, Alberta....
, Rossland
Rossland, British Columbia

Rossland is a city in the West Kootenay region of British Columbia.Tucked high in the Monashee Mountains, Rossland is at an elevation of 1023 metres ....
; Salmon Arm
Salmon Arm, British Columbia

Salmon Arm is a city in the interior of the Canada province of British Columbia that has a population of 16,205 . It is on the shores of Shuswap Lake, where the Salmon River empties into the Salmon Arm reach of the Lake....
; Smithers
Smithers, British Columbia

Smithers is a town located in northwestern British Columbia, Canada, approximately halfway between Prince George, British Columbia and Prince Rupert, British Columbia....
; Terrace
Terrace, British Columbia

Terrace is a service community on the Skeena River in British Columbia, Canada. Tsimshian people have lived in the area for thousands of years. The community has a population of 12,109 with a regional population of 19,980 ....
; Vernon
Vernon, British Columbia

Vernon is a city in the south-central region of British Columbia, Canada. Named after Forbes George Vernon, a former Member of the Legislative Assembly of British Columbia who helped found the famed Coldstream Ranch, the City of Vernon was incorporated on December 30, 1892....
; and Williams Lake
Williams Lake, British Columbia

Williams Lake, colloquially as "Willy's Puddle", is a city in the British Columbia Interior of British Columbia, Canada. Located in the Cariboo, it is the largest urban centre between Kamloops, British Columbia and Prince George, British Columbia....
.

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