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Court of Appeal of Prince Edward Island

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The Court of Appeal of Prince Edward Island (also known as the Prince Edward Island Court of Appeal, and as PECA in legal abbreviation) is the appellate court for the Canadian province of Prince Edward Island, and thus the senior provincial court below the Supreme Court of Canada. As the number of appeals heard by the Supreme Court of Canada is extremely limited, the Court of Appeal is in practice the court of final appeal for most residents of Prince Edward Island.

Court of Appeal of Prince Edward Island
The Royal Arms as used by the Court of Appeal[1]
JurisdictionPrince Edward Island
Websitecourts.pe.ca/court-of-appeal

The Court is composed of three judges, led by the Chief Justice of Prince Edward Island, currently David H. Jenkins.[2] At any given time there may be one or more additional justices who sit as supernumerary justices.[2] The Court of Appeal derives its jurisdiction from Prince Edward Island's Judicature Act, enacted in its current form in 2008.

History and functions

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Prior to 2008 reforms that were formally implemented in 2009, the senior appellate body in Prince Edward Island was the Supreme Court of Prince Edward Island (Appeal Division).[3] With the passage of the Judicature Act, the Supreme Court was stripped of its appellate functions, now assigned to the Court of Appeal, while the Supreme Court of Prince Edward Island remained as a single-division superior court. All members of the former Appeal Division became the justices of the Court of Appeal.

The Court of Appeals hears appeals from the Provincial Court of Prince Edward Island on indictable criminal matters as well as appeals from decisions made by the Supreme Court of Prince Edward Island.

The Appeal Division sits in Charlottetown, Prince Edward Island, in the Sir Louis Henry Davies Law Courts.[4]

Pursuant to the Constitution Act, 1867, the Court of Appeal is operated by the provincial government, while its justices are appointed by the Governor General of Canada, on the advice of the Prime Minister of Canada.

Current membership

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Position Name Appointed Nominated by Position prior to appointment
Chief Justice of PEI James W. Gormley 2022 Trudeau Justice of the Supreme Court of PEI
Justice Michele M. Murphy 2007 Harper
Justice Thomas Laughlin 2023 Trudeau
Supernumerary Justice John K. Mitchell 2013 Harper Justice of the Supreme Court of PEI

Chief Justices of PEI

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Name Years Position prior to appointment Notes
James W. Gormley 2022–present Justice of the Supreme Court of PEI
David H. Jenkins 2008–2021 Justice of the Supreme Court of PEI
Gerard E. Mitchell[5] 2001–2008 Supreme Court judge
Norman H. Carruthers 1985–2001
John Paton Nicholson 1977–1985
Charles St. Clair Trainor 1970–1976 Queen's County Court judge
Thane Alexander Campbell[6] 1943–1970 Premier of PEI, 1936-43
John Alexander Mathieson[7] 1917–1943 Premier of PEI, 1911-17
William Wilfred Sullivan[8] 1889–1917 Premier of PEI, 1878-89
Edward Palmer[9] 1874–1889 Queen's County judge
Robert Hodgson[10] 1852–1874 Lawyer
Edward James Jarvis[11] 1828–1852 King's Assessor, Malta
Samuel George William Archibald[12] 1824–1828 Attorney
Thomas Tremlett [13] 1813–1824 Chief Justice of Newfoundland Exchanged for Colclough
Caesar Colclough [14] 1805–1813 Barrister Exchanged for Tremlett
Robert Thorpe[15] 1801–1804 Irish lawyer Captured by French at sea in 1804
Peter Stewart [16] 1775–1800 Scottish Law Clerk
John Duport[16] ?–1775 Died in Service

Note that one chief justice is missing from the above list.

References

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  1. ^ "Home". The Courts of Prince Edward Island. Retrieved 26 June 2024.
  2. ^ a b NUMBER OF FEDERALLY APPOINTED JUDGES AS OF JULY 1, 2018, www.fja.gc.ca
  3. ^ Act to overhaul higher courts in P.E.I. comes into effect Archived 2013-10-03 at archive.today, The Guardian, 17 January 2009.
  4. ^ Sir Louis Henry Davies Law Courts, Government of Prince Edward Island Directory.
  5. ^ "Retired Chief Justice Mitchell Appointed Police Commissioner". Office of the Police Commissioner. Archived from the original on 24 December 2015. Retrieved 12 October 2015.
  6. ^ "Thane A. Campbell". Government of Prince Edward Island. Retrieved 12 October 2015.
  7. ^ "John Alexander Mathieson". Government of Prince Edward Island. Retrieved 12 October 2015.
  8. ^ MacBeath, Nancy MacNeill (1998). "Sullivan, Sir William Wilfred". In Cook, Ramsay; Hamelin, Jean (eds.). Dictionary of Canadian Biography. Vol. XIV (1911–1920) (online ed.). University of Toronto Press. Retrieved 12 October 2015.
  9. ^ Robertson, Ian Ross (1982). "Palmer, Edward". In Halpenny, Francess G (ed.). Dictionary of Canadian Biography. Vol. XI (1881–1890) (online ed.). University of Toronto Press. Retrieved 12 October 2015.
  10. ^ Robertson, Ian Ross (1972). "Hodgson, Sir Robert". In Hayne, David (ed.). Dictionary of Canadian Biography. Vol. X (1871–1880) (online ed.). University of Toronto Press. Retrieved 12 October 2015.
  11. ^ Bumsted, J. M.; Holman, H. T. (1985). "Jarvis, Edward James". In Halpenny, Francess G (ed.). Dictionary of Canadian Biography. Vol. VIII (1851–1860) (online ed.). University of Toronto Press. Retrieved 12 October 2015.
  12. ^ Beck, J. Murray (1988). "Archibald, Samuel George William". In Halpenny, Francess G (ed.). Dictionary of Canadian Biography. Vol. VII (1836–1850) (online ed.). University of Toronto Press. Retrieved 12 October 2015.
  13. ^ Bumsted, J. M.; Holman, H. T. (1987). "Tremlett, Thomas". In Halpenny, Francess G (ed.). Dictionary of Canadian Biography. Vol. VI (1821–1835) (online ed.). University of Toronto Press. Retrieved 12 October 2015.
  14. ^ Bumsted, J. M. (1987). "Colclough, Cæsar". In Halpenny, Francess G (ed.). Dictionary of Canadian Biography. Vol. VI (1821–1835) (online ed.). University of Toronto Press. Retrieved 12 October 2015.
  15. ^ Patterson, G. H. (1988). "Thorpe, Robert". In Halpenny, Francess G (ed.). Dictionary of Canadian Biography. Vol. VII (1836–1850) (online ed.). University of Toronto Press. Retrieved 12 October 2015.
  16. ^ a b Bumsted, J. M. (1983). "Stewart, Peter". In Halpenny, Francess G (ed.). Dictionary of Canadian Biography. Vol. V (1801–1820) (online ed.). University of Toronto Press. Retrieved 12 October 2015.
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