Frequently Asked Questions:

The material contained in this website is provided for information purposes only and is not intended to constitute legal advice. For legal advice, please consult with a lawyer.

What cases are heard in the Supreme Court?

Indictable offences: (Where the accused has chosen trial at Supreme Court). These constitute a category of criminal offences that are subject to formal and complex procedures. For example, most indictable offences give the accused the option to elect to be tried in the Provincial Court or the Supreme Court by a judge or by a judge and jury. Generally, the indictable offences are more serious than summary offences, and often carry lengthy maximum sentences.

The Supreme Court also administers the Divorce Act and the Bankruptcy Act, both of which are federal acts with individual structures of administration and operation. The members of the court also sit as judges of the Probate Court.

The Supreme Court also has Family Division to deal with all family law court matters in Halifax Regional Municipality and in Cape Breton. [ see under Supreme Court link at the top of this page ]

Can I appeal a Supreme Court decision?

Yes. The justice system provides for a right of appeal (within set time frames) in most cases. However, the reviewing court is generally limited by the findings of fact made by the lower court. This is not a re-trial.

The Court of Appeal neither re-tries cases nor does it second guess the lower court's decision about the facts of a case. Rather, it reviews the earlier decision to determine if the judge made any errors of law or if the judge made an error in applying the law to the facts.

Can the same judge hear my appeal?

Court of Appeal judges do not sit on any other court, and they have no previous involvement with the cases that come before them on appeal.