The British Columbia Court of Appeal (BCCA) is the highest
appellate court
A court of appeals, also called a court of appeal, appellate court, appeal court, court of second instance or second instance court, is any court of law that is empowered to hear an appeal of a trial court or other lower tribunal. In much of ...
in the
province
A province is almost always an administrative division within a country or state. The term derives from the ancient Roman ''provincia'', which was the major territorial and administrative unit of the Roman Empire's territorial possessions outsi ...
of
British Columbia
British Columbia (commonly abbreviated as BC) is the westernmost Provinces and territories of Canada, province of Canada, situated between the Pacific Ocean and the Rocky Mountains. It has a diverse geography, with rugged landscapes that include ...
, Canada. It was established in 1910 following the 1907 Court of Appeal Act.
The BCCA hears appeals from the
Supreme Court of British Columbia
Supreme may refer to:
Entertainment
* Supreme (character), a comic book superhero
* ''Supreme'' (film), a 2016 Telugu film
* Supreme (producer), hip-hop record producer
* "Supreme" (song), a 2000 song by Robbie Williams
* The Supremes, Motown- ...
and a number of boards and tribunals. The BCCA also hears criminal appeals from the
Provincial Court of British Columbia
The Provincial Court of British Columbia (BC Provincial Court) is a trial level court in British Columbia that hears cases in criminal, civil and family matters.
The Provincial Court is a creation of statute, and as such its jurisdiction is lim ...
where the proceedings in that court were by indictment. It will hear summary conviction appeals from the Supreme Court on criminal matters that originated in the Provincial Court.
Statute restricts appeals on civil matters from the Provincial Court (Small Claims) to the Supreme Court. However, some Provincial Court civil matters may come before the BCCA on very narrow matters having to do with questions of administrative law or other unusual circumstances.
The BCCA consists of 15 justices (including a Chief Justice) in addition to 9
supernumerary
Supernumerary means "exceeding the usual number".
Supernumerary may also refer to:
* Supernumerary actor, a performer in a film, television show, or stage production who has no role or purpose other than to appear in the background, more commonl ...
justices. All justices of the BCCA (including the position of Chief Justice) are appointed by the
federal government
A federation (also known as a federal state) is a political entity characterized by a union of partially self-governing provinces, states, or other regions under a central federal government (federalism). In a federation, the self-govern ...
. The central registry for the BCCA is in
Vancouver
Vancouver ( ) is a major city in western Canada, located in the Lower Mainland region of British Columbia. As the most populous city in the province, the 2021 Canadian census recorded 662,248 people in the city, up from 631,486 in 2016. Th ...
, where the BCCA holds most of its sittings. The BCCA also occasionally hears cases in
Victoria,
Kelowna
Kelowna ( ) is a city on Okanagan Lake in the Okanagan Valley in the southern interior of British Columbia, Canada. It serves as the head office of the Regional District of Central Okanagan. The name Kelowna derives from the Okanagan word ' ...
, and
Kamloops
Kamloops ( ) is a city in south-central British Columbia, Canada, at the confluence of the South flowing North Thompson River and the West flowing Thompson River, east of Kamloops Lake. It is located in the Thompson-Nicola Regional District, ...
. The judges for the Court also double as judges for the
Yukon Court of Appeal. Cases from
Yukon
Yukon (; ; formerly called Yukon Territory and also referred to as the Yukon) is the smallest and westernmost of Canada's three territories. It also is the second-least populated province or territory in Canada, with a population of 43,964 as ...
are heard in both Vancouver and in
Whitehorse
Whitehorse () is the capital of Yukon, and the largest city in Northern Canada. It was incorporated in 1950 and is located at kilometre 1426 (Historic Mile 918) on the Alaska Highway in southern Yukon. Whitehorse's downtown and Riverdale areas ...
.
A full division of the court consists of five justices; however, most cases are heard by a division of three justices. A single justice will preside over matters heard in
"chambers", usually
interlocutory matters or applications for leave to appeal.
Unlike in Ontario where a sitting of the Court of Appeal is referred to as a "panel", in the BCCA a sitting of the Court is referred to as a "division".
Counsel appearing in the BCCA are required to "gown". This court dress is identical to that worn in the
Supreme Court of British Columbia
Supreme may refer to:
Entertainment
* Supreme (character), a comic book superhero
* ''Supreme'' (film), a 2016 Telugu film
* Supreme (producer), hip-hop record producer
* "Supreme" (song), a 2000 song by Robbie Williams
* The Supremes, Motown- ...
, and consists of a white wing collar with tabs, along with a black bar jacket and black gown (some counsel will wear a black waistcoat and suit rather than a bar jacket). Male barristers will generally wear black or striped trousers, with female barristers wearing either trousers or a skirt.
King's Counsel
In the United Kingdom and in some Commonwealth countries, a King's Counsel (post-nominal initials KC) during the reign of a king, or Queen's Counsel (post-nominal initials QC) during the reign of a queen, is a lawyer (usually a barrister or ...
wear a more elaborate bar jacket as well as a silk gown. Court dress is not required for matters heard in Chambers, wherein standard business dress can be worn by both counsel and the sitting justice.
The court moved from its previous location (what is now the
Vancouver Art Gallery
The Vancouver Art Gallery (VAG) is an art museum in Vancouver, British Columbia, Canada. The museum occupies a adjacent to Robson Square in downtown Vancouver, making it the largest art museum in Western Canada by building size. Designed by Fran ...
) to the present
Arthur Erickson
Arthur Charles Erickson (June 14, 1924 – May 20, 2009) was a Canadian architect and urban planner. He studied Engineering at the University of British Columbia and, in 1950, received his B.Arch. (Honours) from McGill University. He is known ...
designed Vancouver Law Courts in 1980. One of the courtrooms from the old courthouse was reconstructed in the new building; when in session, a division of the court will often preside in this Heritage Courtroom (Courtroom 50).
All courts in the Province of British Columbia display the
Arms of His Majesty in Right of the United Kingdom, as a symbol of its judiciary.
judiciary
/ref>
Current justices
Supernumerary
Chief justices
Since 1929, the Chief Justice of the BCCA has had the rank of Chief Justice of British Columbia.
*2013–present Robert J. Bauman (13th Chief Justice)
*2001–2013 Lance Finch
*1988–2001 Allan McEachern
*1979–1988 Nathaniel Nemetz
*1973–1978 John Lauchlan Farris
*1967–1972 Herbert William Davey
*1964–1967 Henry Irvine Bird
*1963–1964 Sherwood Lett
*1958–1963 Alexander Campbell DesBrisay
*1944–1957 Gordon McGregor Sloan
Gordon McGregor Sloan (May 16, 1898 – January 14, 1959) was a lawyer, judge and political figure in British Columbia. He represented Vancouver Centre in the Legislative Assembly of British Columbia from 1933 to 1937 as a Liberal.
He was born ...
*1942–1944 David Alexander McDonald
David (; , "beloved one") (traditional spelling), , ''Dāwūd''; grc-koi, Δαυΐδ, Dauíd; la, Davidus, David; gez , ዳዊት, ''Dawit''; xcl, Դաւիթ, ''Dawitʿ''; cu, Давíдъ, ''Davidŭ''; possibly meaning "beloved one". w ...
*1940–1941 Malcolm Archibald Macdonald
*1937–1940 Archer Martin
Archer John Porter Martin (1 March 1910 – 28 July 2002) was a British chemist who shared the 1952 Nobel Prize in Chemistry for the invention of partition chromatography with Richard Synge.
Early life
Martin's father was a GP. Martin was e ...
*1909–1937 James Alexander MacDonald
James Alexander MacDonald (October 1858 – December 20, 1939) was a lawyer, judge and political figure in British Columbia. He represented Rossland City in the Legislative Assembly of British Columbia from 1903 to 1909 as a Liberal. MacDo ...
*1902–1929 Gordon Hunter
Past justices
References
External links
BCCA website
{{Courts of Canada
British Columbia courts
Canadian appellate courts
Courts and tribunals established in 1909
1909 establishments in Canada