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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.
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 Court of Appeal of Newfoundland and Labrador is at the top of the hierarchy of courts for the Canadian province of Newfoundland and Labrador. The Court of Appeal derives its powers and jurisdiction from the Court of Appeal Act. The independent Court of Appeal was established in 2018 and comprises the Chief Justice and five other justices. [2]
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]
List of Newfoundland cases of the Judicial Committee of the Privy Council cases (pre-1949) This page lists cases appealed from the Newfoundland courts to the Judicial Committee of the Privy Council, prior to 1949. Before 1949, Newfoundland was a separate British possession, with Dominion status from 1907 to 1949.
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).
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]
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.
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