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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]
The Governor General shall appoint the Judges of the Superior, District, and County Courts in each Province, except those of the Courts of Probate in Nova Scotia and New Brunswick. [7] Section 96 is found in Part VII of the Constitution Act, 1867, dealing with the judicature. The section has not been amended since it was first enacted.
[law 6] Although the judges of these courts are appointed and paid by the federal government, it is the government of Quebec which is responsible for laws regulating the court structure and the necessary administrative supports for the court system. [law 7] The three main courts are the Court of Appeal, the Superior Court and the Quebec Court.
The Supreme Court of Canada in Ottawa, west of Parliament Hill. The legal system of Canada is pluralist: its foundations lie in the English common law system (inherited from its period as a colony of the British Empire), the French civil law system (inherited from its French Empire past), [1] [2] and Indigenous law systems [3] developed by the various Indigenous Nations.
Law clerks are referred to as judge's clerks in all four levels of the New Zealand court system. It is a fixed term position of 2 years. In the High Court, clerks are assigned to two or three judges (including Associate Judges). In the Court of Appeal of New Zealand and the Supreme Court of New Zealand, each judge has their own clerk. [28]
Candidates must have either been a judge of a superior court or a lawyer for at least ten years in their province's bar. [39] Appointments are made by the Governor General of Canada on advice of the Prime Minister. [39] Appointments to the Supreme Court of Canada are subject to the legal requirement that three judges must be appointed from Quebec.
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Crown attorneys or crown counsel (French: Procureur(e) de la Couronne) or, in Alberta and New Brunswick, crown prosecutors [1] [2] [note 1] are the prosecutors in the legal system of Canada. Crown attorneys represent the Crown and act as prosecutor in proceedings under the Criminal Code and various other statutes.