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 below the Supreme Court of Canada. As the number of appeals heard by the Supreme Court of Canada is extremely limited, the Court of Appeal is in practice the court of final appeal for most residents of Prince Edward Island.

The Court is composed of three judges, led by the Chief Justice of Prince Edward Island, currently David H. Jenkins. The Court of Appeal 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 senior appellate body in Prince Edward Island was the Supreme Court of Prince Edward Island (Appeal Division).[1] With the passage of the Judicature Act, the Supreme Court was stripped of its appellate functions, now assigned to the Court of Appeal, while the Supreme Court of Prince Edward Island remained as a single-division superior court. All members of the former Appeal Division became the justices of the Court of Appeal.

The Court of Appeals hears appeals from the Provincial Court of Prince Edward Island on indictable criminal matters as well as appeals from decisions made by the Supreme Court of Prince Edward Island.

The Appeal Division sits in Charlottetown, Prince Edward Island, in the Sir Louis Henry Davies Law Courts.[2]

Pursuant to the Constitution Act, 1867, the Court of Appeal is operated by the provincial government, while its justices are appointed by the Governor General of Canada, on the advice of the Prime Minister of Canada.

Current Membership

Position Name Appointed Nominated by Position prior to appointment
Chief Justice of PEI David H. Jenkins 2008 Stephen Harper Justice of the Supreme Court of PEI (Trial Division)
Justice John K. Mitchell 2013 Stephen Harper Justice of the Supreme Court of PEI
Justice Michele M. Murphy 2007 Stephen Harper

Chief Justices of PEI

Name Years Position prior to appointment Notes
David H. Jenkins 2008–
Gerard E. Mitchell[3]2001–2008Supreme Court judge
Norman H. Carruthers1980–2001
Charles St. Clair Trainor1970-?1978Queen's County Court judge
Thane Alexander Campbell[4]1943–1970Premier of PEI, 1936-43
John Alexander Mathieson[5]1917–1943Premier of PEI, 1911-17
William Wilfred Sullivan[6]1889–1917Premier of PEI, 1878-89
Edward Palmer[7]1874–1889Queen's County judge
Robert Hodgson[8] 1852–1874Lawyer
Edward James Jarvis[9]1828–1852King's Assessor, Malta
Samuel George William Archibald[10]1824–1828Attorney
Thomas Tremlett [11]1813–1824Chief Justice of Newfoundland Exchanged for Colclough
Caesar Colclough [12]1805–1813BarristerExchanged for Tremlett
Robert Thorpe[13]1801–1804Irish lawyer Captured by French at sea in 1804
Peter Stewart [14]1775–1800Scottish Law Clerk
John Duport[14]?–1775Died in Service

References

  1. ↑ Act to overhaul higher courts in P.E.I. comes into effect, The Guardian, 17 January 2009.
  2. ↑ Sir Louis Henry Davies Law Courts, Government of Prince Edward Island Directory.
  3. ↑ "Retired Chief Justice Mitchell Appointed Police Commissioner". Office of the Police Commissioner. Retrieved 12 October 2015.
  4. ↑ "Thane A. Campbell". Government of Prince Edward Island. Retrieved 12 October 2015.
  5. ↑ "John Alexander Mathieson". Government of Prince Edward Island. Retrieved 12 October 2015.
  6. ↑ MacBeath, Nancy MacNeill (1998). "Sullivan, Sir William Wilfred". In Cook, Ramsay; Hamelin, Jean. Dictionary of Canadian Biography. XIV (1911–1920) (online ed.). University of Toronto Press.
  7. ↑ Robertson, Ian Ross (1982). "Palmer, Edward". In Halpenny, Francess G. Dictionary of Canadian Biography. XI (1881–1890) (online ed.). University of Toronto Press.
  8. ↑ Robertson, Ian Ross (1972). "Hodgson, Sir Robert". In Hayne, David. Dictionary of Canadian Biography. X (1871–1880) (online ed.). University of Toronto Press.
  9. ↑ Bumsted, J. M.; Holman, H. T. (1985). "Jarvis, Edward James". In Halpenny, Francess G. Dictionary of Canadian Biography. VIII (1851–1860) (online ed.). University of Toronto Press.
  10. ↑ Beck, J. Murray (1988). "Archibald, Samuel George William". In Halpenny, Francess G. Dictionary of Canadian Biography. VII (1836–1850) (online ed.). University of Toronto Press.
  11. ↑ Bumsted, J. M.; Holman, H. T. (1987). "Tremlett, Thomas". In Halpenny, Francess G. Dictionary of Canadian Biography. VI (1821–1835) (online ed.). University of Toronto Press.
  12. ↑ Bumsted, J. M. (1987). "Colclough, Cæsar". In Halpenny, Francess G. Dictionary of Canadian Biography. VI (1821–1835) (online ed.). University of Toronto Press.
  13. ↑ Patterson, G. H. (1988). "Thorpe, Robert". In Halpenny, Francess G. Dictionary of Canadian Biography. VII (1836–1850) (online ed.). University of Toronto Press.
  14. 1 2 Bumsted, J. M. (1983). "Stewart, Peter". In Halpenny, Francess G. Dictionary of Canadian Biography. V (1801–1820) (online ed.). University of Toronto Press.

External links

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