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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 limited to only those matters over which is permitted by statute.
The Supreme Court of British Columbia is the superior trial court for the province of British Columbia, Canada. The Court hears civil and criminal law cases as well as appeals from the Provincial Court of British Columbia. There are 90 judicial positions on the Court in addition to supernumerary judges, making for a grand total of 108 judges. [1]
These include trial court cases. Typically, these decisions were merely affirmed at the appellate level or were never appealed. Other cases were appeals to courts besides the provincial Court of Appeal or the Supreme Court of Canada. The decisions are listed in chronological order. Abortion trial of Emily Stowe (1879)
From 1867 to 1949, the Judicial Committee of the Privy Council was the highest court of appeal for Canada (and, separately, for Newfoundland, which did not join Canada as a province until 1949). During this period, its decisions on Canadian appeals were binding precedent on all Canadian courts, including the Supreme Court of Canada .
The first is the term "provincial court", which has two quite different meanings, depending on context. The first, and most general meaning, is that a provincial court is a court established by the legislature of a province, under its constitutional authority over the administration of justice in the province, set out in s. 92(14) of the Constitution Act, 1867. [2]
Prior to the abolition of appeals to the Judicial Committee, those reference questions could be appealed directly to the Judicial Committee, by-passing the Supreme Court. Since the abolition of appeals to the Judicial Committee, there is a right of appeal from the provincial courts to the Supreme Court on a provincial reference.
This template is used to cite cases decided by the courts of Canada available in the Canadian Legal Information Institute (CanLII) database. You should look up the case you wish to cite on CanLII, then refer to the URL of the web page on which the case appears to fill in the information required by the template.
It has been suggested that the practice has been used to give greater authority to the decision by having the entire court speak as a single voice. [3] Peter McCormick, a professor of political science at the University of Lethbridge who studies Canada's appellate courts, calls these "per coram decisions", but his terminology is not in general use.