The Supreme Court of the Northwest Territories is the name of two different
superior court
In common law systems, a superior court is a court of general jurisdiction over civil and criminal legal cases. A superior court is "superior" in relation to a court with limited jurisdiction (see small claims court), which is restricted to civi ...
s for the
Canadian territory
Within the geographical areas of Canada, the ten provinces and three territories are sub-national administrative divisions under the jurisdiction of the Canadian Constitution. In the 1867 Canadian Confederation, three provinces of British Nor ...
of the
Northwest Territories
The Northwest Territories (abbreviated ''NT'' or ''NWT''; french: Territoires du Nord-Ouest, formerly ''North-Western Territory'' and ''North-West Territories'' and namely shortened as ''Northwest Territory'') is a federal territory of Canada. ...
, which have existed at different times.
The first Supreme Court of the North-West Territories was created in 1885. At that time, the
North-West Territories
The Northwest Territories (abbreviated ''NT'' or ''NWT''; french: Territoires du Nord-Ouest, formerly ''North-Western Territory'' and ''North-West Territories'' and namely shortened as ''Northwest Territory'') is a federal territory of Canada. ...
included the territory which later became the Provinces of Alberta and Saskatchewan, as well as the Yukon Territory. The first Supreme Court lasted until abolished for territorial purposes in 1905; it continued to act temporarily for the Provinces of Saskatchewan and Alberta until replaced in 1907 by separate courts for each province.
The current Supreme Court of the Northwest Territories was created in 1955 and continues to operate today.
Both courts had general jurisdiction over matters of both
civil
Civil may refer to:
*Civic virtue, or civility
*Civil action, or lawsuit
* Civil affairs
*Civil and political rights
*Civil disobedience
*Civil engineering
*Civil (journalism), a platform for independent journalism
*Civilian, someone not a membe ...
and
criminal law
Criminal law is the body of law that relates to crime. It prescribes conduct perceived as threatening, harmful, or otherwise endangering to the property, health, safety, and moral welfare of people inclusive of one's self. Most criminal law ...
. The first Court was both the trial court and the appellate court, but the current Court is primarily a trial court, with appeals going to the
Alberta Court of Appeal
The Court of Appeal of Alberta (frequently referred to as Alberta Court of Appeal or ABCA) is a Canadian appellate court.
Jurisdiction and hierarchy within Canadian courts
The court is the highest in Alberta, Canada. It hears appeals from the ...
, sitting as the
Court of Appeal for the Northwest Territories.
First Supreme Court (1885–1907)
Creation of the Court
The first Supreme Court of the North-West Territories was created by the federal Parliament in 1885 to replace the system of individual
stipendiary magistrate
Stipendiary magistrates were magistrates that were paid for their work (they received a stipend). They existed in the judiciaries of the United Kingdom and those of several former British territories, where they sat in the lowest-level criminal ...
s which had previously operated in the Territories. The former stipendiary magistrates were appointed as the first judges of the new Supreme Court.
Jurisdiction and powers
The Court was a
superior court
In common law systems, a superior court is a court of general jurisdiction over civil and criminal legal cases. A superior court is "superior" in relation to a court with limited jurisdiction (see small claims court), which is restricted to civi ...
of civil and criminal jurisdiction. The jurisdiction of the Court was defined by reference to the jurisdiction of the English courts which existed as of July 15, 1870, the date the North-West Territories became part of Canada. The Court had all the powers "... used, exercised and enjoyed by any of Her Majesty’s superior courts of common law, or by the Court of Chancery, or by the Court of Probate in England" as of that date. The judges of the Court sat individually as trial judges. The full court sat ''en banc'' to hear appeals. A further appeal lay to the
Supreme Court of Canada
The Supreme Court of Canada (SCC; french: Cour suprême du Canada, CSC) is the Supreme court, highest court in the Court system of Canada, judicial system of Canada. It comprises List of Justices of the Supreme Court of Canada, nine justices, wh ...
under ''The Supreme Court Act''.
The judges of the Supreme Court were initially non-voting members of the Legislative Council of the North-West Territories, to provide legal advice to the Council. They ceased to have this function when the Legislative Council was converted to a fully elected Legislative Assembly.
When the
Yukon
Yukon (; ; formerly called Yukon Territory and also referred to as the Yukon) is the smallest and westernmost of Canada's three territories. It also is the second-least populated province or territory in Canada, with a population of 43,964 as ...
was created as a separate territory from the North-West Territories in 1898, the Supreme Court continued its jurisdiction over the territory as prescribed by the ''Yukon Act 1898''.
Abolition of the Court
In 1905, Parliament created two new provinces,
Alberta
Alberta ( ) is one of the thirteen provinces and territories of Canada. It is part of Western Canada and is one of the three prairie provinces. Alberta is bordered by British Columbia to the west, Saskatchewan to the east, the Northwest T ...
and
Saskatchewan
Saskatchewan ( ; ) is a Provinces and territories of Canada, province in Western Canada, 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 t ...
, from the
southern portion of the North-West Territories. Parliament disestablished the Supreme Court in the Territories, and re-established a system of stipendiary magistrates for the North-West Territories However, as a transitional measure, the federal Acts establishing Alberta and Saskatchewan provided that the Court continued to dispense justice in the new provinces. The Supreme Court lasted for two more years, until the provincial Legislatures created the Supreme Court of Alberta and the Supreme Court of Saskatchewan in 1907. The provincial legislation creating these courts also abolished the Supreme Court of the North-West Territories. Half of the judges of the Supreme Court were appointed to the Supreme Court of Alberta, and the other judges were appointed to the Supreme Court of Saskatchewan.
Judges of the Court
The judges of the Court were appointed by the Governor General, on the advice of the federal Cabinet.
The North-West Territories Act
', R.S.C. 1886, c. 50, s. 42 There were originally three justices of the Court, but by the time of the abolition of the Court, it had grown to six justices: the Chief Justice and five
puisne justices.
The justices held office on good behaviour, but were removable by the Governor General, on address by the House of Commons and Senate of Canada.
*
Hugh Richardson (1887–1903)
*
Edward Ludlow Wetmore
Edward Ludlow Wetmore (March 24, 1841 – January 19, 1922) was a Canadian judge and politician.
Born in Fredericton, New Brunswick, the son of Charles Peters Wetmore and Sarah Burr Ketchum, he received a Bachelor of Arts degree from the ...
(1887–1907)
*
David Lynch Scott
David Lynch Scott (21 August 1845 – 26 July 1924) was a Canadian militia officer, lawyer, and judge. He served as mayor of Orangeville, Ontario, mayor of Regina, Saskatchewan and Chief Justice of Alberta.
Early life
He was born in Brampt ...
(1894–1907)
*
Horace Harvey (1904–1907)
*
James Macleod
*
James Prendergast
*
Charles Rouleau (February 18, 1888 – August 25, 1901), Northern Alberta Judicial District
Second Supreme Court (1955 to present)
Creation of the Court
In 1955, the federal Parliament re-created a superior court of record for the Northwest Territories, known originally as the Territorial Court. The Territorial Court initially consisted of one judge appointed by the Governor-in-Council. The judge held office during good behaviour, until age 75, but was removable by the Governor-in-Council on address of the House of Commons and Senate.
John Howard Sissons was the first judge of the second Supreme Court.
Current judges
The court currently consists of four judges residing in
Yellowknife
Yellowknife (; Dogrib: ) is the capital, largest community, and only city in the Northwest Territories, Canada. It is on the northern shore of Great Slave Lake, about south of the Arctic Circle, on the west side of Yellowknife Bay near the ...
:
* Chief Justice
Shannon Smallwood
Shannon H Smallwood is the chief justice of the Supreme Court of the Northwest Territories The Supreme Court of the Northwest Territories is the name of two different superior courts for the Canadian territory of the Northwest Territories, which ha ...
* Justice L.A Charbonneau, Senior Judge
* Justice K. Shaner
* Justice A.M. Mahar
Past judges
* V.A. Schuler
*
John Howard Sissons, appointed 1955
*
William Morrow
*
John Z. Vertes (1991 – July 1, 2011)
*
T. David Marshall, appointed 1982
See also
*
Court of Queen's Bench of Alberta
The Court of King's Bench of Alberta (abbreviated in citations as ABKB or Alta. K.B.) is the superior court of the Canadian province of Alberta. Until 2022, it was named Court of Queen's Bench of Alberta.
The Court of Queen's Bench in Calgary wa ...
– originated from the Supreme Court of the Northwest Territories through the Supreme Court of Alberta in 1907
References
External links
Saskatchewan Court of Appeal – Court historySupreme Court of the Northwest Territories website
{{Courts of Canada
Northwest Territories courts
Northwest_Territories
The Northwest Territories (abbreviated ''NT'' or ''NWT''; french: Territoires du Nord-Ouest, formerly ''North-Western Territory'' and ''North-West Territories'' and namely shortened as ''Northwest Territory'') is a federal territory of Canada. ...
Courts and tribunals established in 1885
Courts and tribunals disestablished in 1907
Courts and tribunals established in 1955
1885 establishments in Canada
1907 disestablishments in Canada
1955 establishments in Canada