The Provincial Court deals mainly with criminal charges, except for the most serious indictable offences, like murder, when the charge is against an adult. If an accused person elects or is subject to trial in the Nova Scotia Supreme Court, the Provincial Court may hold a preliminary inquiry.
Criminal cases involving young people under the age of 18 are heard in the Youth Justice Court, which falls under the jurisdiction of the Provincial Court. As well, the province’s Wellness Court Programs that focus on mental health, substance use, domestic violence and Indigenous restorative justice principles operate under the jurisdiction of the Provincial Court.
The Provincial Court has exclusive jurisdiction over all summary offence charges under provincial and federal statutes and regulations. This includes disputed parking tickets and Motor Vehicle Act infractions, which are often heard in Night Court.
Judges of the Provincial Court preside over these matters throughout the province. They also preside over inquiries under the Fatality Investigations Act and conduct recounts under the Municipal Elections Act.
Appearing in Provincial Court via Video Link
The use of videoconferencing is now common practice in Provincial Courts throughout Nova Scotia. It is possible for witnesses, defendants, counsel and even judges to appear and participate in the court process by video. The documents below outline the processes for requesting video links.
PROTOCOL FOR USE OF VIDEOCONFERENCING BY THE DEFENCE
PROCEDURE FOR AN ACCUSED IN CUSTODY
Judicial Referral Hearings Process
Administration of Justice (AOJ) offences affect profoundly the efficient functioning of the justice system by increasing the number of offences before the Courts. These offences have also contributed to an increase in pre-trial detention (remands) and the overrepresentation of Indigenous people, African Nova Scotians, and individuals from vulnerable populations.
On June 21, 2019, Bill C-75 was enacted to, among other things, provide a process to help Police and Courts deal more effectively with bail-related AOJ offences, thereby reducing the number of charges.
JUDICIAL REFERRAL HEARINGS PROCESS
Judges of the Provincial Court
The judges who sit in the Provincial Court of Nova Scotia are appointed by the provincial government and are known as Judges.
Appearing in the Provincial Court
Legal information, resources and guides to assist anyone appearing in the Provincial Court or Night Court.
COVID-19 Measures
During the pandemic, the Nova Scotia Courts introduced preventative measures to help minimize the spread of COVID-19. Some of those measures remain in effect for certain types of Provincial Court matters.