British Columbia Court of Appeal


The British Columbia Court of Appeal is the highest appellate court in the province of British Columbia, Canada. It was established in 1910 following the 1907 Court of Appeal Act.

Jurisdiction

The BCCA hears appeals from the Supreme Court of British Columbia and a number of boards and tribunals. The BCCA also hears criminal appeals from the Provincial Court of British Columbia where the proceedings in that court were by indictment. It will hear summary conviction appeals from the Supreme Court on criminal matters that originated in the Provincial Court. Statute restricts appeals on civil matters from the Provincial Court to the Supreme Court. However, some Provincial Court civil matters may come before the BCCA on very narrow matters having to do with questions of administrative law or other unusual circumstances.

Composition

The BCCA consists of 15 justices in addition to 9 supernumerary justices. All justices of the BCCA are appointed by the federal government. The central registry for the BCCA is in Vancouver, where the BCCA holds most of its sittings. The BCCA also occasionally hears cases in Victoria, Kelowna, and Kamloops. The judges for the court also double as judges for the Court of Appeal of the [Yukon Territory|Yukon Court of Appeal]. Cases from Yukon are heard in both Vancouver and in Whitehorse.
A full division of the court consists of five justices; however, most cases are heard by a division of three justices. A single justice will preside over matters heard in "chambers", usually interlocutory matters or applications for leave to appeal. On occasion, and with especially challenging or controversial matters, five judges will be appointed to hear the appeal.

Procedure

Unlike in Ontario where a sitting of the Court of Appeal is referred to as a "panel", in the BCCA a sitting of the court is referred to as a "division".
Counsel appearing in the BCCA are required to "gown". This court dress is identical to that worn in the Supreme Court of British Columbia, and consists of a white wing collar with tabs, along with a black bar jacket and black gown. Male barristers will generally wear black or striped trousers, with female barristers wearing either trousers or a skirt. King's Counsel wear a more elaborate bar jacket as well as a silk gown. Court dress is not required for matters heard in Chambers, wherein standard business dress can be worn by both counsel and the sitting justice.
All courts in the province of British Columbia display the Royal [coat of arms of the United Kingdom|Arms of His Majesty in Right of the United Kingdom], as a symbol of its judiciary.

Courthouse

The court moved from its previous location to the present Arthur Erickson designed Vancouver Law Courts in 1980. One of the courtrooms from the old courthouse was reconstructed in the new building; when in session, a division of the court will often preside in this Heritage Courtroom.

Current justices

Supernumerary
NameAppointedNominated byPrior position
Mr. Justice Harvey M. Groberman May 9, 2008HarperSupreme Court of British Columbia
Mr. Justice David C. Harris April 10, 2012HarperSupreme Court of British Columbia
Mr. Justice Peter M. Willcock June 7, 2013HarperSupreme Court of British Columbia
Madam Justice Lauri Ann Fenlon June 26, 2015HarperSupreme Court of British Columbia
Madam Justice Gail M. Dickson September 1, 2015HarperSupreme Court of British Columbia
Madam Justice Barbara L. Fisher September 15, 2017TrudeauSupreme Court of British Columbia
Madam Justice Susan A. Griffin TrudeauSupreme Court of British Columbia
Mr. Justice Bruce Butler August 31, 2018TrudeauSupreme Court of British Columbia
Mr. Justice Patrice Abrioux March 8, 2019TrudeauSupreme Court of British Columbia
Mr. Justice Christopher Grauer December 20, 2019TrudeauSupreme Court of British Columbia

Chief justices

Since 1929, the Chief Justice of the BCCA has had the rank of Chief Justice of British Columbia.
NameDurationNominated byPrior position
Mr. Justice P.D. LowryJune 30, 2003 - 2018ChretienSupreme Court of British Columbia
Madam Justice Kathryn E. NeilsonMay 9, 2008 - 2016Stephen Harper Supreme Court of British Columbia
Christopher E. Hinkson
Jo-Ann E. Prowse
Catherine Anne Ryan
Lance Finch
M. Anne Rowles
Carol Mahood Huddart
Kenneth C. Mackenzie
Ronald I. Cheffins
Allan D. Thackray
M.F. Southin
Thomas R. Braidwood
William A. Esson
Wallace T. Oppal
John Douglas Lambert
H.A. Hollinrake
Patricia M. Proudfoot
G.S. Cumming
Allan McEachern
D.B. Hinds
D.M.M. Goldie
A. B. Macfarlane
R. J. Gibbs
A.B.B. Carrothers
H.P. Legg
E.E. Hinkson
H.E. Hutcheon
Josiah Wood
Samuel Toy
Beverley McLachlin
Bryan Williams
Robert J. BaumanJune 16, 2013 - October 1, 2023HarperChief Justice of the Supreme Court of British Columbia
Puisne Justice, British Columbia Court of Appeal
Supreme Court Justice