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The Court of Appeal for Saskatchewan (SKCA) is a Canadian appellate court.


Jurisdiction and structure

The Saskatchewan Court of Appeal is the highest court in the province of
Saskatchewan Saskatchewan ( ; ) is a province in western Canada, bordered on the west by Alberta, on the north by the Northwest Territories, on the east by Manitoba, to the northeast by Nunavut, and on the south by the U.S. states of Montana and North Dak ...
, Canada. There are 8 official judicial positions, including the Chief Justice, who make up the Court of Appeal.NUMBER OF FEDERALLY APPOINTED JUDGES AS OF JULY 1, 2018, www.fja.gc.ca
/ref> At any given time there may be one or more additional justice siting as supernumerary justices. The Court is governed by ''The Court of Appeal Act, 2000'', which sets out the composition and jurisdiction of the Court. It hears appeals from the
Court of King's Bench for Saskatchewan The Court of King's Bench for Saskatchewan (Court of Queen's Bench for Saskatchewan during the reign of female monarchs) is the superior trial court for the Canadian province of Saskatchewan. Structure and organization The Court consists of 29 ...
, the Provincial Court of Saskatchewan and a number of administrative tribunals. The Court is based in
Regina, Saskatchewan Regina () is the capital city of the Canadian province of Saskatchewan. The city is the second-largest in the province, after Saskatoon, and is a commercial centre for southern Saskatchewan. As of the 2021 census, Regina had a city population ...
and consists of the Chief Justice - styled the "Chief Justice of Saskatchewan". Justices of the Saskatchewan Court of Appeal are appointed and paid by the federal government. Most cases are heard by a panel of three justices, however, the Court sits with panels of five or seven from time to time, depending on the appeal. A single justice will preside over matters heard in "chambers", usually
interlocutory Interlocutory is a legal term which can refer to an order, sentence, decree, or judgment, given in an intermediate stage between the commencement and conclusion of a cause of action, used to provide a temporary or provisional decision on an is ...
matters or applications for leave to appeal.


Original jurisdiction

The Court has a limited original jurisdiction, giving it the discretion to grant relief by way of a
prerogative writ A prerogative writ is a historic term for a writ (official order) that directs the behavior of another arm of government, such as an agency, official, or other court. It was originally available only to the Crown under English law, and reflected ...
. The Court has held that since it is primarily a court of appeal, it will only entertain original applications for prerogative relief in extraordinary circumstances. It also has any original jurisdiction that is necessary or incidental to the hearing and determination of an appeal.


Reference jurisdiction

Under ''The Constitutional Questions Act'', the Government of Saskatchewan has the authority to refer questions of law to the Court of Appeal for the Court's advisory opinion.


History of the Court

The Court of Appeal was created on March 1, 1918, upon the coming into force of ''The Court of Appeal Act'' of 1915. Prior to that date, there was a single superior court for Saskatchewan, known as the Supreme Court of Saskatchewan, which had both appellate and trial jurisdiction. Individual members of the Supreme Court sat as trial judges, while the full Supreme Court Court (also known at the Supreme Court ''en banc'') heard appeals. The 1915 legislation split the appellate functions and the trial functions. The new Court of Appeal was established to take over the appellate function of the Supreme Court of Saskatchewan, and the new Court of King's Bench was created to take over the trial functions of the Supreme Court of Saskatchewan. The Supreme Court of Saskatchewan was abolished effective March 1, 1918.


Appeals to the Supreme Court

Appeals may be taken from the Court of Appeal to the Supreme Court of Canada either by right, by leave of the Supreme Court of Canada, or by leave of the Court of Appeal itself, depending on the nature of the case. Until 1949 appeals could further be taken from the Supreme Court of Canada to the
Judicial Committee of the Privy Council The Judicial Committee of the Privy Council (JCPC) is the highest court of appeal for the Crown Dependencies, the British Overseas Territories, some Commonwealth countries and a few institutions in the United Kingdom. Established on 14 August ...
in the United Kingdom. Appeals could also be taken directly from the Court of Appeal to the Privy Council.


Justices of the Court


Current justices

The current justices of the Court are: Supernumerary


Former justices


Former chief justices of Saskatchewan

* The Honourable E. L. Wetmore (1907–1912) * The Honourable Fredrick W. A. G. Haultain (1912–1938)Appointed to the Supreme Court of Saskatchewan; later appointed to the Court of Appeal for Saskatchewan * The Honourable William F. A. Turgeon (1938–1941) * The Honourable William M. Martin (1941–1961) * The Honourable Emmett M. Hall (1961–1962)** * The Honourable Edward M. Culliton (1962–1981) * The Honourable Edward D. Bayda (1981–2006) * The Honourable John Klebuc (2006–2013)


Former justices of the Court of Appeal

* The Honourable John H. Lamont (1918–1927)** * The Honourable Edward L. Elwood (1918–1921) * The Honourable Henry W. Newlands (1918–1921) * The Honourable James McKay (1921–1932) * The Honourable William F. A. Turgeon (1921–1938)* * The Honourable William M. Martin (1922–1941)* * The Honourable Phillip E. MacKenzie (1927–1946) * The Honourable Percival H. Gordon (1935–1961) * The Honourable Thomas Clayton Davis (1939–1948) * The Honourable Hector Y. MacDonald (1941–1951) * The Honourable Edward M. Culliton (1951–1962)* * The Honourable Percy M. Anderson (1946–1948) * The Honourable Arthur Thomas Procter (1948–1961) * The Honourable Donald A. McNiven (1949–1961) * The Honourable Percy H. Maguire (1962–1974) * The Honourable Edward D. Bayda (1974–1981)*
The Honourable Mervyn J. Woods
(1961–1984) * The Honourable Roy N. Hall (1962–1989) * The Honourable Russell Brownridge (1961–1988) * The Honourable Raymond A. MacDonald (1981–1984) * The Honourable Thomas C. Wakeling (1984–2000) * The Honourable Calvin F. Tallis (1981–2005) * The Honourable Ysanne G.K. Wilkinson (2007-2009) * The Honourable Darla C. Hunter (2007–2010) * The Honourable Nicholas W. Sherstobitoff (1985 - 2010) * The Honourable Gene Anne Smith (2005-2013) * The Honourable William J. Vancise (1983-2013) * The Honourable Marjorie A. Gerwing (1984-2013) * The Honourable Stuart J. Cameron (1981-2014) * The Honourable John Klebuc (2013-2015)* * The Honourable J. Gary Lane (1991-2017) * The Honourable Maurice Herauf (2011-2018) * The Honourable Ralph K. Ottenbreit (2009-2022) * The Honourable Jacelyn A. Ryan-Froslie (2013-2022) * The Honourable Peter A. Whitmore (2013-2022) An asterisk indicates the individual also served as Chief Justice of Saskatchewan; a double asterisk indicates subsequently appointed to the Supreme Court of Canada.


Courts of Saskatchewan

There are three main courts in Saskatchewan: * Court of Appeal for Saskatchewan
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 ...
; highest court of Saskatchewan. *
Court of King's Bench for Saskatchewan The Court of King's Bench for Saskatchewan (Court of Queen's Bench for Saskatchewan during the reign of female monarchs) is the superior trial court for the Canadian province of Saskatchewan. Structure and organization The Court consists of 29 ...
superior trial court of Saskatchewan with inherent and unlimited jurisdiction * Provincial Court of Saskatchewan
court of first instance A court is any person or institution, often as a government institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil, criminal, and administrative matters in accordan ...
; trial court with jurisdiction defined by statute


Notes


External links


Saskatchewan Court of Appeal website
{{DEFAULTSORT:Court Of Appeal For Saskatchewan
Saskatchewan Saskatchewan ( ; ) is a province in western Canada, bordered on the west by Alberta, on the north by the Northwest Territories, on the east by Manitoba, to the northeast by Nunavut, and on the south by the U.S. states of Montana and North Dak ...
Saskatchewan courts
Saskatchewan Saskatchewan ( ; ) is a province in western Canada, bordered on the west by Alberta, on the north by the Northwest Territories, on the east by Manitoba, to the northeast by Nunavut, and on the south by the U.S. states of Montana and North Dak ...
1918 establishments in Canada Courts and tribunals established in 1918