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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 Constitution Act, 1867 divides the responsibility between the federal and provincial jurisdictions. Together with the grant under s. 92(14), s. 91(27) carves out "Procedure in Criminal Matters," while s. 96 requires the appointment of "the Judges of the Superior, District, and County Courts in each Province" to be done by the Governor General in Council, and s. 101 grants the Parliament of ...
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.
A county court was established in British Columbia in 1884; it served as an intermediate court between the provincial court and the British Columbia Supreme Court.In 1990, the County Court of British Columbia merged with the British Columbia Supreme Court and its judges became justices of the BC Supreme Court.
County court is the name given to the intermediate court in one Australian state, namely the County Court of Victoria (in other states and territories it is called the 'District Court'). They hear indictable (serious) criminal offences except for treason , murder , and manslaughter . [ 2 ]
The county judge has no veto authority over the decisions of the court; and has one vote along with the other commissioners. In smaller counties, the county judge also performs judicial functions, while in larger counties the county judge's role is limited to the court. Elections are held on a partisan basis.
In the Court of King's Bench, all cases were to be decided "agreeable to the laws of England and to the ordinances of [the] province". In the Court of Common Pleas the judges were "to determine according to equity haying regard nevertheless to the law of England as far as the circumstances and present situation of things will admit".
The province of British Columbia has "regional districts" which function as county-equivalents. Manitoba and Saskatchewan are divided into rural municipalities. Alberta is also divided into counties, albeit they are officially classified as "municipal districts" by the province, though in regular everyday parlance these entities are referred to ...