Court of Appeal of Newfoundland and Labrador

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.

Court of Appeal of Newfoundland and Labrador
Coat of Arms of the Supreme Court [1]
Established1791
LocationSt. John's
Authorized byJudicature Amendment Act, 1974
Number of positions6
Website[1]
Chief Justice
CurrentlyDeborah Fry
SinceJune 22, 2018

The independent Court of Appeal was established in 2018 and comprises the Chief Justice and five other justices.[2] At any given time there may be one or more additional justices who sit as supernumerary justices.[2] From 1975 until 2018 the Court of Appeal was constituted as the appeal division of the Supreme Court of Newfoundland and Labrador with judges appointed specifically to hear appeals from the General Division of the Supreme Court. Prior to 1975 both trial and appeals were carried out in the Supreme Court, where the individual judges routinely acted as a trial judges but, in the event of an appeal, would sit together (en banc) to hear it.[3]

The Court now hears appeals of all type from the Supreme Court of Newfoundland and Labrador's General Division and Family Division, the Provincial Court, and a number of boards and tribunals. Decisions are subject to final appeal to the Supreme Court of Canada. Prior to 1949, when Newfoundland became a province of Canada, final appeals passed to the Judicial Committee of the Privy Council, which was the highest court for the British Empire and Commonwealth. (For a list of Newfoundland decisions from the Judicial Committee, see: List of Newfoundland Cases of the Judicial Committee of the Privy Council (pre-1949)).

Current members

Position / NameAppointedNominated byPosition prior to appointment
Chief Justice Deborah Fry[4]2018TrudeauSupreme Court of Newfoundland and Labrador (Trial Division)
Justice Francis P. O’Brien[5]2017TrudeauDirector of Legal Education, Law Society of Newfoundland and Labrador
Justice William H. Goodridge2018TrudeauSupreme Court of Newfoundland and Labrador (Trial Division)
Justice Frances Knickle2021TrudeauSupreme Court of Newfoundland and Labrador (Trial Division)
Justice Daniel Boone2022TrudeauSupreme Court of Newfoundland and Labrador (Trial Division)
Justice Katherine O'Brien2022TrudeauSupreme Court of Newfoundland and Labrador (Trial Division)

Supernumerary

Position / NameAppointedNominated byPosition prior to appointment
Justice Gale Welsh2001ChretienSupreme Court of Newfoundland and Labrador (Trial Division) (March 1999 to 2001)
Department of Justice in Newfoundland (1989 to 1999)
Saskatchewan Department of Justice (1984 to 1988)
Justice J. Derek Green (S)2009HarperChief Justice of the Supreme Court of Newfoundland and Labrador (Trial Division)
Justice Charles W. White2009HarperLawyer at White, Ottenheimer & Baker
Justice Lois R. Hoegg2010HarperSupreme Court of Newfoundland and Labrador (Trial Division)
Justice Gillian Butler2019TrudeauSupreme Court of Newfoundland and Labrador (Trial Division)

List of chief justices

Source (1791–1880):[6]

Court of Civil Jurisdiction founded 1791[7]
Supreme Court of Judicature of the Island of Newfoundland founded 1792[8]
Supreme Court of Newfoundland founded 1824[9]
Supreme Court of Newfoundland and Labrador Court of Appeal founded 1975.

NoNameAppointedPosition prior to appointmentNotes
25Deborah Fry22 June 2018Supreme Court of Newfoundland and Labrador (Trial Division)
24J. Derek Green27 Mar 2009Became a Supernumerary Justice on 1 December 2017[10]
23Clyde Wells1999Court of Appealto 2009
22James R. Gushue1996to 1998
21Noel Goodridge [11]17 Nov 1986
20Arthur Samuel Mifflin1979Chief Justice Trials Division
19Robert Stafford Furlong [11]1958
18Sir Albert Joseph Walsh[11]Sep 19491st Lieutenant-Governor
17Sir Lewis Edward Emerson1944Commissioner for Defence
16Sir William Henry Horwood[12]25 July 1902Minister of Justice and Attorney-General
15Sir Joseph Ignatius Little[13]1898Judge
14Sir Frederick Bowker Terrington Carter20 May 1880Prime Minister of Newfoundland
13Sir Hugh William Hoyles4 March 1865Prime Minister and Attorney General
12Sir Francis Brady29 Nov 1847
11Thomas Norton5 Nov 1844
10John Gervase Hutchinson Bourne1838Removed from office, 1844
9Henry John Boulton1833Attorney General of Upper CanadaRemoved from office, 1844
8Richard Alexander Tucker1 Oct 1822
7Sir Francis Forbes4 Aug 1816Crown Law Officer in Bermudaleft to be the first Chief Justice of the Supreme Court of New South Wales.
6Caesar Colclough

1813

Chief Justice of Prince Edward Island
5Thomas Tremlett1804Naval OfficerExchanged for Colclough, 1813
4Jonathan Ogden1803Naval Officer
3Richard Routh1797Collector of CustomsDrowned at sea
2D'Ewes Coke1793Naval surgeon
1John Reeves1791Law Clerk to the Board of Trade (held concurrently)Sole judge; author of the Judicature Acts of 1791 and 1792

See also

References