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The Provincial Court of Newfoundland and Labrador is the lower trial court of the Canadian province of Newfoundland and Labrador. It hears cases relating to criminal law and family law . Judges of the Provincial Court are appointed by the provincial cabinet, on recommendation of the Attorney General.
The Court has the authority to hear appeals of specific matters not under jurisdiction of the province's appellate court. The Court is located in six regions of the province: Corner Brook (3 justices), Gander (1 justice), Grand Bank (1 justice), Grand Falls-Windsor (1 justice), Happy Valley-Goose Bay (1 justice), and St. John's (21 justices).
The Court now hears appeals of all type from the Supreme Court of Newfoundland and Labrador's General Division and Family Division, the Provincial Court, and a number of boards and tribunals. Decisions are subject to final appeal to the Supreme Court of Canada .
Appointments to the Federal Court and to the Federal Court of Appeal are subject to the application and assessment procedure. Appointments to the Tax Court are subject to candidate assessments by a single five member advisory committee for all Canada which includes a representative of the Tax Court—as a one-year pilot project announced in ...
In Canada, the rules of civil procedure are administered separately by each jurisdiction, both federal and provincial. Nine provinces and three territories in Canada are common law jurisdictions. One province, Quebec, is governed by civil law. [1] In all provinces and territories, there is an inferior and superior court. [1]
Sheriffs perform these duties at all 14 Provincial Court of Newfoundland and Labrador courthouses, including the Supreme Court of Newfoundland, Newfoundland Court of Appeal, Trial Division, Family Division, Traffic Court, and Small Claims Court. In addition, Court Security sheriffs provide security at 15 circuit courts throughout the province.
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.
When a justice or court makes an order for the release or detention of the accused, or varies such an order, either party can bring an application to a superior trial court judge to review the order, and if necessary vacate and replace it. Once a decision is made, both parties must wait 30 days before being allowed to make another application.