Court of Appeal of Prince Edward Island

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.

The Court is composed of three judges, led by the Chief Justice of Prince Edward Island, currently David H. Jenkins.[1] 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

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

Position	Name	Appointed	Nominated by	Position prior to appointment
Chief Justice of PEI	David H. Jenkins[5]	2008	Stephen Harper	Justice of the Supreme Court of PEI (Trial Division)
Justice	John K. Mitchell	2013	Stephen Harper	Justice of the Supreme Court of PEI
Justice	Michele M. Murphy	2007	Stephen Harper

Chief Justices of PEI

Name	Years	Position prior to appointment	Notes
David H. Jenkins	2008–
Gerard E. Mitchell[6]	2001–2008	Supreme Court judge
Norman H. Carruthers	1980–2001
Charles St. Clair Trainor	1970-?1978	Queen's County Court judge
Thane Alexander Campbell[7]	1943–1970	Premier of PEI, 1936-43
John Alexander Mathieson[8]	1917–1943	Premier of PEI, 1911-17
William Wilfred Sullivan[9]	1889–1917	Premier of PEI, 1878-89
Edward Palmer[10]	1874–1889	Queen's County judge
Robert Hodgson[11]	1852–1874	Lawyer
Edward James Jarvis[12]	1828–1852	King's Assessor, Malta
Samuel George William Archibald[13]	1824–1828	Attorney
Thomas Tremlett [14]	1813–1824	Chief Justice of Newfoundland	Exchanged for Colclough
Caesar Colclough [15]	1805–1813	Barrister	Exchanged for Tremlett
Robert Thorpe[16]	1801–1804	Irish lawyer	Captured by French at sea in 1804
Peter Stewart [17]	1775–1800	Scottish Law Clerk
John Duport[17]	?–1775		Died in Service

References

1. NUMBER OF FEDERALLY APPOINTED JUDGES AS OF JULY 1, 2018, www.fja.gc.ca
2. ibid.
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. "Prime Minister announces appointment of the Honourable Mr. Justice David H. Jenkins as Chief Justice of Prince Edward Island". Archived from the original on 2010-03-02.
6. "Retired Chief Justice Mitchell Appointed Police Commissioner". Office of the Police Commissioner. Archived from the original on 24 December 2015. Retrieved 12 October 2015.
7. "Thane A. Campbell". Government of Prince Edward Island. Retrieved 12 October 2015.
8. "John Alexander Mathieson". Government of Prince Edward Island. Retrieved 12 October 2015.
9. MacBeath, Nancy MacNeill (1998). "Sullivan, Sir William Wilfred". In Cook, Ramsay; Hamelin, Jean (eds.). Dictionary of Canadian Biography. XIV (1911–1920) (online ed.). University of Toronto Press. Retrieved 12 October 2015.
10. Robertson, Ian Ross (1982). "Palmer, Edward". In Halpenny, Francess G (ed.). Dictionary of Canadian Biography. XI (1881–1890) (online ed.). University of Toronto Press. Retrieved 12 October 2015.
11. Robertson, Ian Ross (1972). "Hodgson, Sir Robert". In Hayne, David (ed.). Dictionary of Canadian Biography. X (1871–1880) (online ed.). University of Toronto Press. Retrieved 12 October 2015.
12. Bumsted, J. M.; Holman, H. T. (1985). "Jarvis, Edward James". In Halpenny, Francess G (ed.). Dictionary of Canadian Biography. VIII (1851–1860) (online ed.). University of Toronto Press. Retrieved 12 October 2015.
13. Beck, J. Murray (1988). "Archibald, Samuel George William". In Halpenny, Francess G (ed.). Dictionary of Canadian Biography. VII (1836–1850) (online ed.). University of Toronto Press. Retrieved 12 October 2015.
14. Bumsted, J. M.; Holman, H. T. (1987). "Tremlett, Thomas". In Halpenny, Francess G (ed.). Dictionary of Canadian Biography. VI (1821–1835) (online ed.). University of Toronto Press. Retrieved 12 October 2015.
15. Bumsted, J. M. (1987). "Colclough, Cæsar". In Halpenny, Francess G (ed.). Dictionary of Canadian Biography. VI (1821–1835) (online ed.). University of Toronto Press. Retrieved 12 October 2015.
16. Patterson, G. H. (1988). "Thorpe, Robert". In Halpenny, Francess G (ed.). Dictionary of Canadian Biography. VII (1836–1850) (online ed.). University of Toronto Press. Retrieved 12 October 2015.
17. Bumsted, J. M. (1983). "Stewart, Peter". In Halpenny, Francess G (ed.). Dictionary of Canadian Biography. V (1801–1820) (online ed.). University of Toronto Press. Retrieved 12 October 2015.

External links

• Prince Edward Island Courts