Courts

The Alberta Court Calendar (off-site) provides detailed information on court locations and dates. The calendar can also be accessed through the Service and Event Directory. Select the region in which you live, and then the subject category "Courts," choose "Court calendar & directory."

The following information is intended to provide an overview of the roles and responsibilities of the courts in Alberta. Detailed information about the courts, including notices, hearing lists, court calender, publications and access to a searchable database of Alberta judgments may be found at the Alberta Courts web site.

There are three branches of government – the legislative branch, the executive branch and the judiciary. The judiciary is an independent branch of government which presides over the courts. Judges interpret the law, determine facts and render decisions in a fair and impartial manner, thereby ensuring the rule of law – the cornerstone of a free and democratic society.

There are three courts in Alberta administered by the province: The Court of Appeal of Alberta, the Court of Queen's Bench of Alberta and the Provincial Court of Alberta. There are also other courts which administer laws in Alberta, including the Federal Court of Canada, Trial and Appeal Divisions. There are also a number of boards and tribunals in Alberta, decisions of which may be appealed to the courts.

General Information

News
Initiatives
Common Questions
Publications
2009 | 2008 | 2007 | 2006 | 2005 | 2004 | 2003

New Assistant Chief Judge appointed for Northern Alberta
June 24, 2009

Two new judges appointed to the Provincial Court of Alberta
June 03, 2009

New Law Information Centre in Calgary increases access to justice
January 23, 2009

MLA Review of the Aboriginal Court Worker Program

The Aboriginal Court Worker Program delivers province-wide services to Aboriginal people who are involved in the justice system. The MLA Review Committee, established by the Minister of Justice and Attorney General, has completed their review of the program and provided recommendations to the Minister. The Government has responded to the recommendations.

Report of the Working Committee on Court Annexed Mediation in Civil Matters

The Minister of Justice, the Honourable Dave Hancock, Q.C., authorized a consultation process to consider and make recommendations on the implementation of court annexed mediation in civil cases.

What is the difference between Provincial Court and Court of Queen's Bench?

Where do I get the forms for my court case?

How can I change my court date?

Where are the courts located?

I don't have a lawyer. Where do I find information on how to represent myself?

A single trial court as a focus for reform and a catalyst for change   
A single trial court as a focus for reform and a catalyst for change 
July 18, 2003

A single trial court for Alberta: consultation paper 
July 18, 2003

The Court of Appeal of Alberta
The Court of Queen's Bench of Alberta
The Provincial Court of Alberta
The Federal Court of Canada
The Supreme Court of Canada
The Tax Court of Canada
Court Martial Appeal Court
Military Courts
Administrative Tribunals

The Court of Appeal of Alberta

Top(off-site) www.albertacourts.ab.ca/CourtofAppeal/tabid/68/Default.aspx

This is the highest appeal court in the province. The Chief Justice of Alberta and other justices preside over this court along with supernumerary justices. All of these justices are appointed by the federal government. To be considered for appointment, an applicant or nominee must be a lawyer in good standing who has been in practice for at least 10 years and is a Canadian citizen. Federally appointed advisory committees exist in each province and territory to recommend applicants to the federal Minister of Justice who in turn makes recommendations to cabinet.

This court sits in Edmonton and Calgary only.

The Court of Appeal can hear most civil and criminal appeals, and can also hear applications and appeals respecting certain judgments, orders, and decisions of the other courts.

The Court typically assigns three justices to hear an appeal and may sit with one or more divisions of three justices. In exceptional circumstances the Chief Justice may convene a larger panel. On the request of a justice of the Court of Appeal, a judge of the Court of Queen's Bench may sit or act in place of a judge who is absent, or as an additional judge.

Justices of the Court of Appeal are appointed to their position until they are age 75.

Complaints regarding a justice of the Court of Appeal are dealt with by the Canadian Judicial Council.

Chart of Courts in Alberta

The Court of Queen's Bench of Alberta

Top(off-site) www.albertacourts.ab.ca/CourtofQueensBench/tabid/69/Default.aspx

The Court of Queen's Bench consists of the Chief Justice, the Associate Chief Justice, and 61 other justices who are federally appointed in the same manner as outlined above in relation to justices of the Court of Appeal. In addition, there are seven Masters in Chambers in this court who are provincially appointed. There are also supernumerary justices.

The Court of Queen's Bench sits on a regular basis in 11 locations and sits on certain specified days in another two locations.

The Court of Queen's Bench is a superior court of civil and criminal jurisdiction. It holds jury trials for both criminal and civil matters and it can hear civil trials for damages, regardless of the amount. It also handles matters such as divorces, adoptions, foreclosures, and bankruptcies, in addition to matters relating to wills and estates. Applications under the Dependent Adults Act are also made in the Court of Queen's Bench.

Court of Queen's Bench justices are appointed to their position until they are age 75.

Complaints regarding a justice of the Court of Queen's Bench are dealt with by the Canadian Judicial Council.

Chart of Courts in Alberta

The Provincial Court of Alberta

Top(off-site) www.albertacourts.ab.ca/ProvincialCourt/tabid/70/Default.aspx

There is a Chief Provincial Judge, nine assistant chief judges, 104 judges, and supernumerary judges.

There are 21 locations throughout Alberta where the Provincial Court of Alberta sits permanently, and 53 locations where the court sits on certain specified days.

The Provincial Court deals with matters in the following areas: Criminal, Family, Youth, Civil, and Traffic. The Criminal Court generally deals with criminal offences; the Family Court handles most Child, Youth and Family Enhancement Act matters and certain custody and maintenance disputes; the Youth Court hears matters under the Youth Criminal Justice Act; the Civil Court handles civil claims where the amount claimed does not exceed $25,000; and the Traffic Court primarily hears matters under the Traffic Safety Act. All provincial court judges may hear any of the foregoing matters. Sitting Justices of the Peace hear matters in Traffic Court.

Judges of the Provincial Court of Alberta are appointed by the provincial government pursuant to the Provincial Court Act. An applicant for appointment to the Provincial Court must be approved by the Judicial Council. If the applicant is approved, the name is placed on a list of approved candidates.

Once a candidate has been approved by the Judicial Council, they must also be interviewed and approved by the Provincial Court Nominating Committee. The names of candidates approved by the Provincial Court Nominating Committee are placed on a list of candidates deemed eligible for appointment.

The Minister of Justice selects from the appointment eligibility list and makes a recommendation to Cabinet. If Cabinet agrees, an Order in Council is issued by the Lieutenant Governor appointing the new judge.

(Note: The Provincial Court Nominating Committee consists of eleven members. It has representatives from the Alberta Provincial Court, the Law Society of Alberta, the Canadian Bar Association (Alberta Branch), other members from the legal profession, and the public.)

Sitting Justices of the Peace, who preside in Traffic Court, follow a similar appointment process to provincial court judges, but the Provincial Court Nominating Committee is not involved.

In Alberta, provincial court judges are currently appointed to their position until they are 70 years of age. At the request of the Chief Judge, under certain conditions, a judge who turns 70 may be reappointed for one-year terms until that judge turns 75 years of age.

Complaints about a provincial court judge are dealt with by the Chief Judge who may determine that no further action be taken, reprimand the judge, take corrective measures, or refer the matter to the Judicial Council.

The Judicial Council is composed of the Chief Justice of the Court of Appeal or designate, the Chief Justice of the Court of Queen's Bench or designate, the Chief Judge of the Provincial Court of Alberta or designate, the President of the Law Society, and not more than two persons appointed by the Alberta Minister of Justice.

Chart of Courts in Alberta

The Federal Court of Canada

Top(off-site) www.fja.gc.ca/

The Federal Court of Canada handles matters relating to intellectual property; civil litigation involving First Nations, Metis and Inuit; federal Crown litigation; federal Crown judicial reviews; and maritime legislation.

Chart of Courts in Alberta

The Supreme Court of Canada

Top(off-site) www.scc-csc.gc.ca/

The Supreme Court of Canada is the final court of appeal from all other Canadian courts. The Supreme Court has jurisdiction over disputes in all areas of the law, including constitutional law, administrative law, criminal law and civil law.

The court consists of a Chief Justice and eight other judges, all appointed by the federal government. The Supreme Court Act requires that at least three judges must come from Quebec. Traditionally, of the other six judges, three come from Ontario, two from Western Canada, and one from the Atlantic provinces.

The Supreme Court of Canada also plays a special role as adviser to the federal government. The government may ask the court to consider questions on (a) any important matter of law or fact, especially concerning the interpretation of the Constitution, and (b) the interpretation of any federal or provincial legislation or the powers of Parliament or the provincial legislatures or their respective governments.

Chart of Courts in Alberta

The Tax Court of Canada

Top(off-site) www.tcc-cci.gc.ca/main_e.htm

The Tax Court of Canada gives individuals and companies an opportunity to settle disagreements with the federal government on matters arising under the federal tax and revenue legislation. The Tax Court of Canada primarily hears disputes between the federal government and taxpayers after the taxpayer has gone through all other options provided for by the Income Tax Act.

Chart of Courts in Alberta

Court Martial Appeal Court

Top(off-site) www.cmac-cacm.ca/

The Court Martial Appeal Court hears appeals from military courts. Its function is comparable to that of a provincial appeal court, and has the same powers as a superior court. Judges in the Court Martial Appeal Court are selected from the Federal Court of Canada and other superior courts throughout the country. Like other courts of appeal, the Court Martial Appeal Court hears cases as a panel of three.

Chart of Courts in Alberta

Military Courts

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Military courts, or courts martial, were established under the National Defence Act to hear cases involving the Code of Service Discipline. The Code applies to all members of the Canadian Armed Forces as well as civilians who accompany the Armed Forces on active series. It lays out a system of disciplinary offences designed to further the good order and proper functioning of the Armed Forces.

Chart of Courts in Alberta

Administrative Tribunals

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Many disputes over administrative rules and regulations (e.g. employment insurance, disability benefits, refugee claims or human rights) are dealt with outside the court system by various tribunals and boards. Administrative tribunals may resemble courts, but they are not part of the court system.

The procedure before administrative bodies is usually less formal than that in the courts. However, the courts exercise a supervisory role over administrative tribunals, which may refer questions to the courts. The courts ensure that tribunals remain within their responsibilities under the law and that their procedures are fair.

Chart of Courts in Alberta