Where an election for
trial by superior court judge (alone or with jury), the provincial court judge receiving the election must inquire whether the accused wishes to have a preliminary inquiry.
Not exact matches
Trials by juries of 6 shall proceed in accordance with the law applicable to trials by jury in the superior cou
Trials by juries of 6 shall proceed in accordance with the law applicable to
trials by jury in the superior cou
trials by jury in the
superior court;...
According to the Constitution, appointment of judges to provincial
superior courts (
trial or appellate) is made
by the Governor General.
Comparing the present matter to
Trial Lawyers Association of British Columbia v. British Columbia (Attorney General), [2014] 3 SCR 31, 2014 SCC 59 (CanLII), the
Court of Appeal noted at para. 51 that, whereas the hearing fees in that case «actually bar access to the
superior courts»
by preventing ``... some individuals from having their private and public law disputes resolved
by the
courts», the «proper balance» is achieved
by the legislature with respect to civil jury fees:
By virtue of well - established provincial judicature statutes and under common law, injunctive relief falls within the inherent jurisdiction of Canadian
superior trial courts.
But I am very pleased with the decision of the Supreme
Court of Canada released this morning in The Trial Lawyers Association of British Columbia v. British Columbia (Attorney General), 2014 SCC 59, holding that British Columbia's court hearing fees are unconstitutional by effectively denying access to people to superior courts, contrary to section 96 of the Constitution Act, 186
Court of Canada released this morning in The
Trial Lawyers Association of British Columbia v. British Columbia (Attorney General), 2014 SCC 59, holding that British Columbia's
court hearing fees are unconstitutional by effectively denying access to people to superior courts, contrary to section 96 of the Constitution Act, 186
court hearing fees are unconstitutional
by effectively denying access to people to
superior courts, contrary to section 96 of the Constitution Act, 1867....