Sir Frederick Bowker Terrington Carter, was a lawyer and Premier of Newfoundland from 1865 to 1870 and from 1874 to 1878. Carter was son of Peter Weston Carter and great-grandson of Robert Carter, appointed justice of the peace at Ferryland in 1750. In 1855, he was elected to the House of Assembly as a Conservative and was Speaker from 1861 to 1865. In 1865 he succeeded Sir Hugh Hoyles as Premier. Carter was a supporter of Canadian confederation having been a delegate to the 1864 Quebec conference. However, the Conservatives were defeated on the Confederation issue in the November 1869 election by the Anti-Confederation Party led by Charles Fox Bennett. Though Newfoundland did not join the confederation until 1949, Carter is considered one of the Fathers of Confederation. Carter became Premier a second time in 1874, serving until 1878, but had dropped the issue of joining Canada, he was appointed a Knight Commander of the Order of St Michael and St George in 1878. In 1880 Carter was appointed Chief Justice of the Supreme Court of Newfoundland, succeeding Sir Hugh Hoyles, served in the post until 1898.
During his term as Chief Justice, Carter was a valued advisor for the Colonial Governors of Newfoundland and acted as administrator of the colony in their absence. Carter was a Freemason of St. John’s Lodge, No. 579. He died in St. John's, Newfoundland in early March 1900. Carter married, in 1846, Eliza Bayly, daughter of George Bayly, Controller of HM Customs, Newfoundland. With Elisa Bayly they had one son, Stanley B. Carter Hiller, J. K.. "Carter, Sir Frederic Bowker Terrington". In Halpenny, Francess G. Dictionary of Canadian Biography. XII. University of Toronto Press. Sir Frederic Bowker Terrington Carter
Newfoundland and Labrador
Newfoundland and Labrador is the most easterly province of Canada. Situated in the country's Atlantic region, it comprises the island of Newfoundland and mainland Labrador to the northwest, with a combined area of 405,212 square kilometres. In 2018, the province's population was estimated at 525,073. About 92% of the province's population lives on the island of Newfoundland, of whom more than half live on the Avalon Peninsula; the province is Canada's most linguistically homogeneous, with 97.0% of residents reporting English as their mother tongue in the 2016 census. Newfoundland was home to unique varieties of French and Irish, as well as the extinct Beothuk language. In Labrador, the indigenous languages Innu-aimun and Inuktitut are spoken. Newfoundland and Labrador's capital and largest city, St. John's, is Canada's 20th-largest census metropolitan area and is home to 40 percent of the province's population. St. John's is the seat of government, home to the House of Assembly of Newfoundland and Labrador and to the highest court in the jurisdiction, the Newfoundland and Labrador Court of Appeal.
A former colony and dominion of the United Kingdom, Newfoundland gave up its independence in 1933, following significant economic distress caused by the Great Depression and the aftermath of Newfoundland's participation in World War I. It became the tenth province to enter the Canadian Confederation on March 31, 1949, as "Newfoundland". On December 6, 2001, an amendment was made to the Constitution of Canada to change the province's name to Newfoundland and Labrador; the name "New founde lande" was uttered by King Henry VII in reference to the land explored by the Cabots. In Portuguese it is Terra Nova, which means "new land", the French name for the Province's island region; the name "Terra Nova" is in wide use on the island. The influence of early Portuguese exploration is reflected in the name of Labrador, which derives from the surname of the Portuguese navigator João Fernandes Lavrador. Labrador's name in the Inuttitut language is Nunatsuak, meaning "the big land". Newfoundland's Inuttitut name is Ikkarumikluak meaning "place of many shoals".
Newfoundland and Labrador is the most easterly province in Canada, is at the north-eastern corner of North America. The Strait of Belle Isle separates the province into two geographical parts: Labrador, a large area of mainland Canada, Newfoundland, an island in the Atlantic Ocean; the province includes over 7,000 tiny islands. Newfoundland is triangular; each side is about 400 km long, its area is 108,860 km2. Newfoundland and its neighbouring small islands have an area of 111,390 km2. Newfoundland extends between latitudes 46°36′N and 51°38′N. Labrador is an irregular shape: the western part of its border with Quebec is the drainage divide of the Labrador Peninsula. Lands drained by rivers that flow into the Atlantic Ocean are part of Labrador, the rest belongs to Quebec. Most of Labrador's southern boundary with Quebec follows the 52nd parallel of latitude. Labrador's extreme northern tip, at 60°22′N, shares a short border with Nunavut. Labrador's area is 294,330 km2. Together and Labrador make up 4.06% of Canada's area, with a total area of 405,720 km2.
Labrador is the easternmost part of the Canadian Shield, a vast area of ancient metamorphic rock comprising much of northeastern North America. Colliding tectonic plates have shaped much of the geology of Newfoundland. Gros Morne National Park has a reputation as an outstanding example of tectonics at work, as such has been designated a World Heritage Site; the Long Range Mountains on Newfoundland's west coast are the northeasternmost extension of the Appalachian Mountains. The north-south extent of the province, prevalent westerly winds, cold ocean currents and local factors such as mountains and coastline combine to create the various climates of the province. Northern Labrador is classified as a polar tundra climate, southern Labrador has a subarctic climate, while most of Newfoundland has a humid continental climate: cool summer subtype. Newfoundland and Labrador has a wide range of climates and weather, due to its geography; the island of Newfoundland spans 5 degrees of latitude, comparable to the Great Lakes.
The province has been divided into six climate types, but broadly Newfoundland has a cool summer subtype of a humid continental climate, influenced by the sea since no part of the island is more than 100 km from the ocean. Northern Labrador is classified as a polar tundra climate, southern Labrador has a subarctic climate. Monthly average temperatures and snowfall for four places are shown in the attached graphs. St. John's represents the east coast, Gander the interior of the island, Corner Brook the west coast of the island and Wabush the interior of Labrador. Climate data for 56 places in the province is available from Environment Canada; the data for the graphs is the average over thirty years. Error bars on the temperature graph indicate the range of daytime highs and night time lows. Snowfall is the total amount that fell during the month, not the amount accumulated on the ground; this distinction is important for St. John's, where a heavy snowfall can be followed by rain, so no snow remains on the ground.
Sir Francis William Forbes was a Chief Justice of the Supreme Court of Newfoundland, the first Chief Justice of the Supreme Court of New South Wales. Forbes was born and educated in Bermuda, the son of Dr. Francis Forbes M. D. and his wife Mary, née Tucker. His elder half-brother was Very Rev Patrick Forbes, Moderator of the General Assembly of the Church of Scotland in 1829. At the age of 19 Francis travelled to England to study law at Lincoln's Inn, he was called to the Bar in 1812 and became a Crown Law Officer in Bermuda and married Amelia Sophia Grant in 1813, returning to England in 1815. In 1816 he was invited to be Chief Justice of Newfoundland, was sworn in at St. John's in July, 1816. While in Newfoundland, he curtailed the powers of the naval governors. In 1820, he wrote the lyrics of the song "The Banks of Newfoundland". Poor health and three severe winters forced Forbes to return to London to recuperate in 1822. Rather than return to Newfoundland’s maritime climate, Forbes accepted a position as Chief Justice of New South Wales and Van Diemen’s Land.
In 1822, he was appointed to be Chief Justice of the Supreme Court of New South Wales, to oversee the reform of the administration of the legal system in the colony, following the inquiry into the colony's affairs by commissioner John Bigge. Before departing for Australia, he helped draft the New South Wales Act 1823 which, along with the Charter of Justice issued under it on 13 October 1823, replaced the legal tribunals of convict days with a Supreme Court possessing comprehensive jurisdiction. Under the new system, Forbes was not only the sole judge, subject only to the appellate power of the Governor, but an ex officio member of the Executive and Legislative Councils, all colonial legislation had to be certified by him. Forbes arrived in Sydney in March 1824 and the Court commenced on 17 May 1824; the Governor, Sir Thomas Brisbane, was impressed by Forbes, in his dispatches of 1 July and 12 August 1824 reported that "since the arrival of the chief justice the state of the Colony has assumed a new tone".
Forbes had no difficulties with Brisbane, but it was not long before he came into conflict with the new governor, Sir Ralph Darling. It was proposed to pass acts for the purpose of restraining the liberty of the press, Forbes refused to certify them as he considered them repugnant to the laws of England, he pointed out how necessary it was to go as in the conditions of the colony the people looked upon the Supreme Court as their protection against absolute power. "I had been appointed by Parliament", said Forbes, "to see that the laws of the Empire were not encroached upon... I refused to certify the Governor's Bills because I thought them repugnant to law... What legal right could the Governor claim to press me further?". After great discussion the issue went to the Colonial Office, whose legal advisors were of opinion that Forbes was right in refusing to certify the act for licensing newspapers, they thought he had been wrong with regard to the newspaper stamp act but, as there was no reason to doubt that he had formed his opinion he had executed his duty in acting upon it.
Forbes' workload had been and continued to be heavy, his controversy with Darling was harassing, his health suffered. Forbes championed the introduction of trial by jury in NSW. On 14 October 1824, in the court of Quarter Sessions, 12 men who had not been convicts were sworn in as the first jurors. There was intense opposition from the magistrates to this initiative as they had ruled on all the criminal trials in these courts. Forbes was a strong advocate for free education. In 1830 he laid the foundation stone for the non-denominational Sydney College, having spent the previous five years chairing the committee for its establishment, he remained as chairman of the board of trustees when the school opened in 1835 in College Street near Hyde Park. Forbes' heavy workload and conflict with Governor Darling led him to take 12 months sick leave in 1836-37. While convalescing in England, Forbes agreed to give evidence at the Molesworth Committee on Transportation; this committee was reviewing the transportation of convicts to the Australian colonies.
He spoke forcefully against the practice of internal transportation, whereby convicts who misbehaved were sent to secondary prisons such as Norfolk Island. While not directly opposing the convict system, he tried to argue for a more humane and less harsh method of punishment. Early in 1837, Forbes' received the news. After recovering from two bouts of influenza, he made it to St James Palace on 5 April 1837 to be dubbed by King William IV. Francis Forbes, the boy from Bermuda with a rich Scottish heritage and a passion for justice returned to Australia as Sir Francis Forbes. Given all this activity, it is not surprising that the time Forbes spent on sick leave in England did not help him regain his strength, he tried ‘taking the waters’ at a variety of spa resorts in France and Italy, but to no avail. He felt like he was "sinking under the weight" of his office and his hand shook as he tried to write his resignation letter.. After spending time in England and Europe, he admitted that his "nerves so shattered as to affect my powers of mind as well as body".
He retired as Chief Justice of New South Wales on 1 July 1837. His dream of a comfortable retirement at ‘Edinglassie’, a rural retreat he built on his property in the Nepean, was never realised as he needed to be close to his doctors. Forbes died in a rented house, "Leitrim Lodge", in Newtown, New South Wales, on 8 November 1841, he was only 57 years
Quebec Court of Appeal
The Court of Appeal of Quebec is the highest judicial court in Quebec, Canada. It hears cases in Quebec Montreal; the Court was created on May 1849, as the Court of Queen's Bench. The Court's judges had jurisdiction to try criminal cases until 1920, when it was transferred to the Superior Court. In 1974 it was renamed the Quebec Court of Appeal. Under the Code of Civil Procedure of Quebec and the Criminal Code, someone wishing to appeal a decision of the Superior Court of Quebec has 30 days to file an appeal with the Court of Appeal. Civil cases must have at least $50,000 in dispute to be heard; the Court of Appeal will overrule a lower court decision if it is "incorrect" on a question of law or "patently unreasonable" on an important factual finding. The Court of Appeal never hears witnesses, lawyers' oral and written submissions are kept to strict maximum lengths. A normal case will take several months from filing of an appeal to a decision by the Court of Appeal, but the Court may hear a case within hours or days in an emergency.
Appeals of Court of Appeal decisions are heard before the Supreme Court of Canada, located in the federal capital of Ottawa, but only if leave to appeal is granted either by the Supreme Court of Canada or by the Court of Appeal. The ability of the Supreme Court of Canada, which has six of its nine justices from common law provinces and only three from the civil law province of Quebec, to overrule the Court of Appeal of Quebec has been raised as a political issue by Quebec nationalists, who worry that it erodes Quebec's distinctive legal culture. In practice, issues of civil law are heard at the Supreme Court by its three Quebec members plus two of its common law members; the most significant decision of the Court of Appeal was Morgentaler v R, in which the Court of Appeal overturned a jury decision acquitting Montreal Doctor Henry Morgentaler of performing an abortion, despite Morgentaler publicly admitting that he had done so. This was the first time in Canada that a jury acquittal had been replaced by a conviction, on appeal, rather than a new trial being ordered.
The Court of Appeal was overturned by the Supreme Court of Canada in 1975. Subsequently, Parliament amended the Criminal Code removing the ability of provincial courts of appeal to substitute jury acquittals with convictions; as a "Superior Court" under section 96 of the Constitution Act, 1867, Court of Appeal judges are appointed by the Governor-General of Canada on the advice of the Prime Minister of Canada. Appointees need not have had previous experience as a judge. However, appointees always have some experience as a judge on the Superior Court of Quebec; the quorum of the Court of Appeal of Quebec is three judges. The Court had four judges, including the Chief Justice, it is constituted of 20 judges, including the Chief Justice. By statute, thirteen of the judges must reside in Montreal. Supernumerary judge Julien Chouinard Claire L'Heureux-Dubé Antonio Lamer Louis LeBel Morris Fish Marie Deschamps Jean-Louis Baudouin Richard Wagner Clément Gascon Joseph Nuss J. Michel Robert William Smith 1791-1793 William Osgoode 1794-1801 John Elmsley 1802-1805 Henry Allcock 1805-1808 Jonathan Sewell 1808-1838 Sir James Stuart, 1st Baronet 1838-1841 Sir James Stuart, 1st Baronet 1841-49 Sir James Stuart, 1st Baronet 1849-53 Official website
Supreme Court of Canada
The Supreme Court of Canada is the highest court of Canada, the final court of appeals in the Canadian justice system. The court grants permission to between 40 and 75 litigants each year to appeal decisions rendered by provincial and federal appellate courts, its decisions are the ultimate expression and application of Canadian law and binding upon all lower courts of Canada, except to the extent that they are overridden or otherwise made ineffective by an Act of Parliament or the Act of a provincial legislative assembly pursuant to section 33 of the Canadian Charter of Rights and Freedoms. The creation of the Supreme Court of Canada was provided for by the British North America Act, 1867, renamed in 1982 the Constitution Act, 1867; the first bills for the creation of a federal supreme court, introduced in the Parliament of Canada in 1869 and in 1870, were withdrawn. It was not until 8 April 1875 that a bill was passed providing for the creation of a Supreme Court of Canada. However, prior to 1949, the Supreme Court did not constitute the court of last resort: litigants could appeal to the Judicial Committee of the Privy Council in London.
As well, some cases could bypass the court and go directly to the Judicial Committee from the provincial courts of appeal. The Supreme Court formally became the court of last resort for criminal appeals in 1933 and for all other appeals in 1949; the last decisions of the Judicial Committee on cases from Canada were made in the mid-1950s, as a result of their being heard in a court of first instance prior to 1949. The increase in the importance of the Court was mirrored by the numbers of its members; the Court was established first with six judges, these were augmented by an additional member in 1927. In 1949, the bench reached its current composition of nine justices. Prior to 1949, most of the appointees to the Court owed their position to political patronage; each judge had strong ties to the party in power at the time of their appointment. In 1973, the appointment of a constitutional law professor Bora Laskin as chief justice represented a major turning point for the Court. In this period, appointees either came from academic backgrounds or were well-respected practitioners with several years experience in appellate courts.
Laskin's federalist and liberal views were shared by Prime Minister Pierre Trudeau, who recommended Laskin's appointment to the Court. The Constitution Act, 1982 expanded the role of the Court in Canadian society by the addition of the Canadian Charter of Rights and Freedoms, which broadened the scope of judicial review; the evolution from the Dickson court through to the Lamer court witnessed a continuing vigour in the protection of civil liberties. Lamer's criminal law background proved an influence on the number of criminal cases heard by the Court during his time as chief justice. Nonetheless, the Lamer court was more conservative with Charter rights, with only about a 1% success rate for Charter claimants. Lamer was succeeded as chief justice by Beverly McLachlin in January 2000, she is the first woman to hold that position. McLachlin's appointment resulted in a more centrist and unified Court. Dissenting and concurring opinions were fewer than during the Lamer Courts. With the 2005 appointments of Justices Louise Charron and Rosalie Abella, the court became the world's most gender-balanced national high court, four of its nine members being female.
Justice Marie Deschamps' retirement on 7 August 2012 caused the number to fall to three, however the appointment of Suzanne Côté on 1 December 2014 restored the number to four. After serving on the Court for 28 years, 259 days, McLachlin retired in December 2017, her successor as chief justice is Richard Wagner. The structure of the Canadian court system is pyramidal, a broad base being formed by the various provincial and territorial courts whose judges are appointed by the provincial or territorial governments. At the next level are the provinces' and territories' superior courts, where judges are appointed by the federal government. Judgments from the superior courts may be appealed to a still higher level, the provincial or territorial courts of appeal. Several federal courts exist: the Tax Court of Canada, the Federal Court, the Federal Court of Appeal, the Court Martial Appeal Court of Canada. Unlike the provincial superior courts, which exercise inherent or general jurisdiction, the federal courts' jurisdiction is limited by statute.
In all, there are over 1,000 federally appointed judges at various levels across Canada. The Supreme Court of Canada rests at the apex of the judicial pyramid; this institution hears appeals from the provincial courts of last resort the provincial or territorial courts of appeal, the Federal Court of Appeal, although in some matters appeals come straight from the trial courts, as in the case of publication bans and other orders that are otherwise not appealable. In most cases, permission to appeal must first be obtained from the court. Motions for leave to appeal to the Court are heard by a panel of three judges of the Court and a simple majority is determinative. By convention, this panel never explains why it grants or refuses leave in any particular case, but the Court hears cases of national importance or where the case allows the Court to settle an important issue of law. Leave is granted, meaning that for most litigants, provincial courts of appeal are courts of last resort, but leave to appeal is not required for some cases criminal cases and appeals from provincial references.
A final source of cases is the referral power of the federa
Court of Queen's Bench for Saskatchewan
The Court of Queen's Bench for Saskatchewan is the superior trial court for the Canadian province of Saskatchewan. The Court consists of 33 full-time judges and a number of supernumerary judges, all appointed and paid by the federal government; the court's Chief Justice the Honourable Martel D. Popescul, is styled the Chief Justice of the Queen's Bench. Both the Chief Justice and puisne justices are addressed as "My Lord" or "My Lady" and referred to as "His Lordship" or "Her Ladyship"; this differs from the terminology used in the Provincial Court of Saskatchewan, whose judges are "Your Honour", "His Honour" or "Her Honour". The Court sits in nine judicial centres and actions are brought in the judicial centre closest to where the action arose, or the residence or place of business of the defendant; the Court hears criminal law cases. It is a court of inherent jurisdiction and there is no monetary limit on the claims which it may hear, it has original jurisdiction over matters assigned to it by statute, such as adjudicating human rights complaints.
The court has a Family Law Division, which has exclusive jurisdiction over family law matters in the judicial centres of Saskatoon and Prince Albert, concurrent jurisdiction over family law matters in all other areas of the province. As a superior court of original jurisdiction, it has supervisory jurisdiction over administrative tribunals, exercised by the prerogative writs, it has some appellate jurisdiction, hearing appeals from the Provincial Court of Saskatchewan and some administrative bodies. Appeals may be taken from the Queen's Bench to the Court of Appeal for Saskatchewan. A further appeal lies to the Supreme Court of Canada; until it became a province in 1905, Saskatchewan was part of the North-West Territories as it existed at that time and its judicial system was that of the territory. In fact, it was not until 1907 – two years after Saskatchewan became a province – that the new province's judicial system was established; the initial court structure of 1907 consisted of three courts: the Supreme Court of Saskatchewan, the District Court and the Surrogate Court.
There was no appeal court. During the First World War, the province reorganized its courts. In 1915, the province passed legislation, The King's Bench Act and The Court of Appeal Act, for the purpose of creating a new court structure; those acts came into effect on March 1, 1918, resulting in the abolition of the Supreme Court of Saskatchewan and the creation of the trial-level Court of King's Bench and the Court of Appeal. In 1981, Saskatchewan merged its District Court into the Court of Queen's Bench; as part of that process, the judicial centres of the District Court became the judicial centres of the Court of Queen's Bench. The Court of King's Bench Act foresaw the need to rename the Court in the event of a female monarch; the Act provides that, during the reign of a Queen, the Court is known as the Court of Queen's Bench for Saskatchewan. Should the monarchy be vested in a King, it will be known as the Court of King's Bench for Saskatchewan. There are three main courts in Saskatchewan: Court of Appeal for Saskatchewan – appellate court.
Court of Queen's Bench for Saskatchewan – superior trial court of Saskatchewan with inherent and unlimited jurisdiction Provincial Court of Saskatchewan – court of first instance. The jury found that the death of Colten Boushie, from the Cree Red Pheasant First Nation occurred because of "hang fire". Clint Wuttunee, Chief of the Red Pheasant First Nation, called the verdict "absolutely perverse". Following the announcement of the acquittal and vigils took place across Canada; the rally at the Saskatoon court attracted 1,000 people who supported Boushie's family and were frustrated by the jury's decision. At a press conference on February 11, hosted by Saskatoon Tribal Council, Mayor Clark described the event as a "defining moment for this community and this country". Saskatchewan Court of Queen's Bench website