The Supreme Court of Prince Edward Island (also called the Prince Edward Island Supreme Court, or PESC) is the
superior court
In common law systems, a superior court is a court of general jurisdiction over civil and criminal legal cases. A superior court is "superior" in relation to a court with limited jurisdiction (see small claims court), which is restricted to civi ...
of the Canadian province of
Prince Edward Island
Prince Edward Island (PEI; ) is one of the thirteen provinces and territories of Canada. It is the smallest province in terms of land area and population, but the most densely populated. The island has several nicknames: "Garden of the Gulf", ...
.
The Court is composed of five judges, led by its Chief Justice, currently Tracey L. Clements. The Supreme Court derives its jurisdiction from Prince Edward Island's ''Judicature Act'', enacted in its current form in 2008.
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). 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 The Court of Appeal of Prince Edward Island (also known as the Prince Edward Island Court of Appeal, and as PECA in legal abbreviation) is the appellate court for the Canadian province of Prince Edward Island, and thus the senior provincial court b ...
, 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 ''Constitution Act, 1867'' (french: Loi constitutionnelle de 1867),''The Constitution Act, 1867'', 30 & 31 Victoria (U.K.), c. 3, http://canlii.ca/t/ldsw retrieved on 2019-03-14. originally enacted as the ''British North America Act, 186 ...
'', the Supreme Court is operated by the provincial government, while its justices are appointed by the
Governor General of Canada
The governor general of Canada (french: gouverneure générale du Canada) is the federal viceregal representative of the . The is head of state of Canada and the 14 other Commonwealth realms, but resides in oldest and most populous realm ...
, on the advice of the
Prime Minister of Canada
The prime minister of Canada (french: premier ministre du Canada, link=no) is the head of government of Canada. Under the Westminster system, the prime minister governs with the confidence of a majority the elected House of Commons; as su ...
. Section 96 of the ''Constitution Act'' has traditionally been interpreted as supplying the Supreme Court with
inherent jurisdiction
Inherent jurisdiction is a doctrine of the English common law that a superior court has the jurisdiction to hear any matter that comes before it, unless a statute or rule limits that authority or grants exclusive jurisdiction to some other cou ...
.
Baxter Student Housing Ltd. et al. v. College Housing Co-operative Ltd. et al.
', 9762 SCR 475.
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
See also
*
Judicial appointments in Canada
References
External links
Supreme Court of Prince Edward Island websiteText of the Judicature Act
{{Courts of Canada
Prince Edward Island courts
Prince_Edward_Island
Prince Edward Island (PEI; ) is one of the thirteen provinces and territories of Canada. It is the smallest province in terms of land area and population, but the most densely populated. The island has several nicknames: "Garden of the Gulf", ...