Court of King's Bench of Alberta
| Court of King's Bench of Alberta | |
|---|---|
 Entrance of the Queen's Bench of Alberta building in Calgary (demolished 2007) | |
| Location | Calgary |
| Website | albertacourts |
| Chief justice | |
| Currently | Mary T. Moreau[1] |
| Since | October 17, 2017 |
| Associate Chief Justice | |
| Currently | John D. Rooke[1] |
| Since | October 22, 2009 |
| Associate Chief Justice | |
| Currently | Kenneth G. Nielsen[1] |
| Since | May 22, 2019 |
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 was relocated to the Calgary Courts Centre in 2007. The Court of King's Bench has been located at the Law Courts building in Edmonton since the 1970s.
History
The court originates from the old Supreme Court of the Northwest Territories. Two years after Alberta became a province in 1905, the court was reorganized as the Supreme Court of Alberta and several lower district courts possessing a more limited jurisdiction. In 1921, the Supreme Court was reorganized to have an independent trial division (Supreme Court of Alberta Trial Division), and an independent appellate division (Supreme Court of Alberta Appellate Division), the precursor to the Court of Appeal of Alberta. It was not until June 30, 1979, that the Supreme Court Trial Division received its name as the "Court of Queen's Bench of Alberta".
The district courts created in 1907 were amalgamated into the District Court of Northern Alberta and the District Court of Southern Alberta in 1935, merging altogether into the District Court of Alberta in 1975. In 1979, it merged for the last time, this time back with the Supreme Court, into the Court of Queen's Bench.
Structure
The court consists of a chief justice of the court, two associate chief justices (one in Edmonton and one in Calgary), and several judges including those judges who have elected supernumerary status after many years of service and after having attained eligibility for retirement (typically at age 65).
A justice of the Court of Appeal of Alberta is an ex officio justice of the Court of King's Bench and may sit on that court. Likewise, a justice of the Court of King's Bench may sit on a panel of the Court of Appeal, by invitation of the chief justice of Alberta. The chief justice of Alberta and the chief justice of the Court of the King's Bench are distinct offices. The former is the chief justice of the province and sits on the Court of Appeal, while the latter is the chief justice of a court and sits on the Court of King's Bench.
The province is divided into 11 districts with court sitting in 13 different locations (some districts have a primary and a secondary location). In 2010 the locations were:
- Calgary
- Drumheller
- Edmonton
- Fort McMurray
- Grande Prairie
- High Level
- Hinton
- Lethbridge
- Medicine Hat
- Peace River
- Red Deer
- St. Paul
- Wetaskiwin
Jurisdiction
As a superior court, it has inherent jurisdiction and therefore, may hear matters despite absence of specific statutory delegation. Thus, it operates as a civil and criminal trial court, hears surrogate matters, as well as certain appeals from the Provincial Court of Alberta.
Appeals from the court lie with the Court of Appeal. Civil procedure before the court are set out in the Alberta Rules of Court.
Appointments
Although provincial superior courts are administered by the provinces, they are considered to be Section 96 courts (from Section 96 of the Constitution Act, 1867). Therefore, appointments to the court are within federal jurisdiction and made by cabinet.
Styling
The Court of Queen's Bench Act sets out the styling convention of the court in Section 2.1. During the reign of a queen, it is known as the Court of Queen's Bench of Alberta. On September 8th, 2022, upon the accession of King Charles III to the throne, the name formally changed to the Court of King's Bench of Alberta.[2]
Former justices of the court
- Joe Kryczka (1980 to 1991)
- Joanne B Veit (1981 to 2017)[3]
- Sheila J. Greckol (2001 to 2016)
- Sheilah Martin (2005 to 2016)
- Ritu Khullar (2017 to 2018)
- J Richard Philippe Marceau (1995 - ?)[4]
- N.C. Wittmann[5]
Former chief justices of the court
- Allan H.J. Wachowich (2001-2009)
- W. Kenneth Moore
- William R. Howson
- Thomas Tweedie (1944-1944)
See also
- Master: judicial officers part of the Court of King's Bench
References
- ^ a b c "Justices & Masters". Retrieved 22 February 2019.
- ^ CanLII, R.S.A. 2000, c. C-31. "Court of Queen's Bench Act, R.S.A. 2000, c. C-31". Retrieved 2022-09-08.
{{cite web}}: CS1 maint: multiple names: authors list (link) - ^ "The Honourable Joanne B. Veit". April 2001. Retrieved 15 March 2018.
- ^ "Alberta judicial appointment announced". Archived from the original on 2003-11-11. Retrieved 2019-11-16.
- ^ "PM Announces Alberta Judicial Appointments". Archived from the original on 2012-02-20.
Further reading
- Knafla, Louis A.; Klumpenhouwer, Richard (1997). Lords of the Western Bench: A Biographical History of the Supreme and District Courts of Alberta, 1876-1990. Calgary: Legal Archives Society of Alberta. ISBN 978-0-9681939-0-7.
- Middelstadt, David (2014). People principles progress : the Alberta Court of Appeal's first century, 1914-2014 (PDF). Calgary: The Legal Archives Society of Alberta. ISBN 978-0-9681939-5-2.
- Swainger, Jonathan Scott, ed. (2007). The Alberta Supreme Court at 100: History & Authority. Edmonton: University of Alberta Press. ISBN 978-0-88864-493-0.
External links
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