| 1 - What is the function of the Court of Appeal? | The
Court of Appeal provides a forum for parties to appeal the outcome
of a lower court decision from the Supreme Court (including the
Family Division), certain decisions of the Provincial Court or the
Family Court, and administrative tribunal decisions. The Appeal
Court does not re-try cases, but reviews the record of the trial
to ensure that no errors of law were made by the lower court. The Court of Appeal has the authority to dismiss the appeal (confirming the decision of the lower court); allow the appeal and order a new trial; or allow the appeal, but change the order of the lower court. Through its judgments the Court of Appeal clarifies and develops the law in the Province of Nova Scotia. |
| 2 - Who is the Chief Justice of Nova Scotia? | Chief Justice Michael MacDonald |
| 3 - What is the function of the Supreme Court? | It is a court of original jurisdiction and, as such, has complete jurisdiction in both civil and criminal matters arising in the province of Nova Scotia, except in matters or cases expressly excluded by statute. The Supreme Court administers the Divorce Act and the Bankruptcy Act, both of which are federal acts with individual structures of administration and operation. The justices also sit as judges of the Probate Court. The Supreme Court has original jurisdiction in indictable offences tried by judge and jury, or by judge alone, as provided by the Criminal Code of Canada, and at the selection of the accused. Civil cases may be tried by judge alone or sitting with a jury, although most civil cases proceed without a jury. The Supreme Court is a court of record and is open to the public. |
| 4 - How many judges sit on the Supreme Court (including the Family Division)? | The Supreme Court comprises the Chief Justice, an Associate Chief Justice and 19 judges. There are also eight supernumerary or semi-retired judges. The Family Division consists of an Associate Chief Justice and nine judges. |
| 5 - What is the function of the Provincial Court? | All criminal proceedings dealing with offenders aged sixteen or over commence in Provincial Court and 95 per cent of all criminal prosecutions are heard by Provincial Court judges. The Provincial Court has exclusive jurisdiction over all summary offences under provincial statutes and federal acts and regulations. Judges of the Provincial Court have exclusive jurisdiction to try certain indictable offences and may hold preliminary inquiries when an accused elects trial in the Supreme Court. |
| 6 - How many judges sit on the Provincial Court? | Judicial authority for the Provincial Court is vested in the twenty-three judges of the court. |
| 7 - The Family Court hears issues relating to the family such as? | The Family Court provides a forum for hearing issues relating to the family including maintenance, custody/access, family violence between spouses or between parent and child and child protection matters. |
| 8 - What is the difference between the Supreme and Provincial Court? | Provincial
Court deals exclusively with criminal matters and hears about 95%
of all criminal trials. All criminal proceedings dealing with offenders
aged sixteen or over commence in Provincial Court. The Supreme Court has a wider jurisdiction, an in addition to certain criminal trials hears lawsuits, divorces, property disputes and administers the Bankruptcy Act. |
| 9 - What is the function of the Small Claims Court and what is the maximum amount one can claim in this Court? | The Small Claims Court provides a quick, informal and cost-effective method for deciding claims up to $25,000 (not including interest). It is not necessary for the person making the claim (claimant) and the person whom the claim is against (defendant) to have lawyers. You can make a claim for up to $25,000 or for the return of goods valued up to $25,000. |
| 10 - What is the function of the Probate Court? | The Probate Court provides for the protection of heirs, legatees and estate creditors. It provides a forum for adjudication without monetary limits, and also holds the authority for the appointment of executors, administrators, appraisers and guardians in relation to all estate matters within its jurisdiction and the supervisory authority for the proper management and distribution of estate assets, the approval of legal fees and the setting of executors'/administrators' commissions and expenses. |
| 11 - When someone files for bankruptcy, what does the Bankruptcy Court enable that person to do? | Bankruptcy is a system that allows an insolvent debtor to be relieved of most debts by filing an assignment in bankruptcy. All the available property of the bankrupt is turned over to a Trustee who realizes upon it and distributes the proceeds among the bankrupts' creditors in accordance with the Bankruptcy and Insolvency Act. The Act also provides a system which enables debtors to make proposals to creditors to pay debts over time, usually at a reduced amount. |
| 12 - Why should the justice system be open to public scrutiny and public criticism? | The
concept of free and uninhibited speech permeates all truly democratic
institutions... As a result of their significance, the courts must
be open to public scrutiny and to public criticism of their operation
by the public.... the public interest in open trials and in the
ability of the press to provide complete reports of what takes place
in the courtroom is rooted in the need: to maintain an effective
evidentiary process; - to ensure a judiciary and juries that behave fairly and that are sensitive to the values espoused by society; - to promote a shared sense that our courts operate with integrity and dispense justice; and - to provide an ongoing opportunity for the community to learn how the justice system operates and how the law being applied daily in our courts affects them. |
| 13 - What does "Beyond reasonable doubt" mean? | This is the rigorous standard of proof that the Crown prosecutor is required to meet in a criminal case. This means that the evidence must be so complete and convincing that any reasonable doubts as to the guilt of the accused are erased from the mind of the judge or jury. The Crown must prove each element of the offence beyond a reasonable doubt. |
| 14 - What is the course of action if: a judge's decision is questioned or if a judge's conduct is questioned? | If
a judge’s decision is questioned - review of the decision by
a higher court [an appeal]. If a judge’s conduct is questioned - review of the conduct by the Canadian Judicial Council [a complaint]. |
| 15 - Who was the first Chief Justice of Nova Scotia and when was he appointed? | The Hon. Jonathan Belcher was appointed Chief Justice of Nova Scotia in 1754. |
| 16 - Who can NOT sit on a jury? | The
following people are automatically exempt from serving on a jury:
Anyone who has been convicted of a crime and sentenced to two or more years in prison Anyone who has attended or is attending a law school Anyone who works in the administration of justice (for example, a police officer or an employee of the provincial or federal departments of Justice) A Member of the House of Commons, the Senate, the House of Assembly or the Lieutenant Governor An officer or non-commissioned member of the reserve Armed Forces on active service or an officer and non-commissioned member of the regular Armed Forces and special Armed Forces. |
| 17 - The Courts of Nova Scotia consist of seven courts. Only ONE of those courts can hold trial by Jury. Which court is it? | The Supreme Court of Nova Scotia |
| 18 - What are the Civil Procedure Rules? | The
Civil Procedure Rules govern proceedings in the Nova Scotia Court
of Appeal and the Supreme Court, including the Family Division of the Supreme Court. The Civil Procedure Rules are made and amended by the Judges of the Supreme and Appeal Courts under the authority of the Judicature Act, R.S.N.S. 1989, c. 240, s. 46. |
| 19 - Some parents get divorced. Name four services available to help the children and parents involved in a divorce? | Conciliation | Mediation | Assessments | Parent Education |
| 20 - Courts in Nova Scotia are located at Justice Centres around the province. How many Justice Centres are there? | Eleven |
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