The Superior Court of Justice in Ontario Is Unique
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THE SUPERIOR ONTARIO ISSN 1918–9850 (Online) COURT OF JUSTICE: A PROFILE J U I A SUPERIOR COURT OF JUSTICE S T I C ONTARIO 2007–2008 ANNUAL REPORT The Superior Court of Justice in Ontario is unique... I would like to extend my profound thanks to all of the judges of the Superior Court of Justice who are so strongly committed to the core values of judicial service... Chief Justice Heather J. Smith 2 // The Superior Court of Justice: A Profi le Message from the Chief Justice FORMER CHIEF JUSTICES As Chief Justice of the Superior Court of Justice, I am honoured to introduce of the Superior Court of Justice the fi rst Annual Report of the Superior Court for the fi scal year 2007– 2008. 1990–1994 The Hon. Mr. Justice F. Callaghan This Court is one of the busiest and most accomplished trial courts in the 1994–1996 world. I welcome the opportunity to provide the public with a better The Hon. Mr. Justice R. McMurtry understanding of the deep history and breadth of work of the Superior Court. 1996–2002 This Report also highlights the different roles and responsibilities of those The Hon. Mr. Justice P. LeSage who make up our Court, along with the administrative structures of its various committees and its staff. This inaugural Report provides a comprehensive outline of the history, the authority and the scope of the Superior Court — the work, the Regions and the judges. This will be the foundational document for future reports to provide an even more in depth look into the world of our Court. The introduction of this Report is particularly timely as we evolve from the traditional Opening of Courts address each year, to recording this valuable information in the written form. This Court’s achievements in the last year would not have been possible without the support and wise counsel afforded to me by all members of the Council of Regional Senior Judges. I am truly grateful to these dedicated and committed judges who serve so diligently as the executive of our Court. I would like to extend my profound thanks to all of the judges of the Superior Court of Justice who are so strongly committed to the core values of judicial service — devotion to the law, to the administration of justice and to serving the public. In addition, I would like to express my sincere appreciation to my capable and hard-working staff for their superior efforts in supporting the Offi ce of the Chief Justice. And fi nally on behalf of the Court, my thanks to all court staff, at all locations, for ensuring that every aspect of the justice system continues to operate smoothly and effi ciently. I invite everyone to take a few moments to consider the history, operations and responsibilities of the Superior Court of Justice, which are outlined in this Report. As always, we will strive to improve and enhance our approach to the administration of justice and the law for all Ontarians. This fi rst Annual Report of the Superior Court will serve as constant refl ection of our dedication to ensuring the integrity of our courts, the law, and the justice system as a whole. Yours Truly, Heather J. Smith, Chief Justice The Hon. Madam Justice Heather J. Smith, Chief Justice 2007–2008 Annual Report \\ 3 The signifi cant challenges that our court faces include issues that impact on individuals, as well as on the whole justice system. Associate Chief Justice J. Douglas Cunningham 4 // The Superior Court of Justice: A Profi le Message from the Associate Chief Justice FORMER ASSOCIATE CHIEF JUSTICES I am pleased to join with Chief Justice Smith in presenting the Superior Court’s of the Superior Court of Justice fi rst Annual Report. 1991–1994 The Hon. Mr. Justice R. McMurtry This is a time of tremendous change in the justice system and there are many 1994–1996 pressures facing our court. The Chief Justice and I work closely with the The Hon. Mr. Justice P. LeSage Superior Court’s Regional Senior Judges Council to address these issues and 1996–2002 to resolve the many challenges we face. The Hon. Madam Justice H. Smith As Associate Chief Justice, I undertake a myriad of responsibilities on behalf of the Court, in addition to maintaining a very full sitting schedule. One of the areas I am deeply involved in is the administration of our Divisional Court where I not only sit regularly across the province, but work closely with the Registrar and the Administrative Judge. This branch of our court is one of the busiest appellate courts in Canada. In addition to its considerable civil and statutory appellate jurisdiction, the Divisional Court regularly reviews decisions of various administrative tribunals. Hopefully our efforts over the last several years to enhance the performance of this branch of our court have been successful. We continually strive to ensure that those appearing before this court have timely and affordable access to justice. Another area in which I am involved is the Small Claims Court where I serve as Chair of the Deputy Judges Council, the statutory governing body responsible for reporting on the administration of this branch of our court. This court is a forum in which individual citizens often have their fi rst contact with our civil justice system. Almost half of all civil litigation in Ontario is conducted in the Small Claims Court. As always, working with deputy judges, administrative judges and staff, we try to ensure that matters dealt with in the Small Claims Court are handled as effi ciently and inexpensively as possible. I also have general responsibility for managing approvals for individual judges to participate in professional development such as conferences and seminars. These educational opportunities are illustrative of how every one of our judges, as well as the whole Superior Court, is committed to improving the performance of the justice system in Ontario. The signifi cant challenges that our court faces include issues that impact on individuals, as well as on the whole justice system. This fi rst Annual Report aptly demonstrates the breadth and scope of matters heard by the entire Superior Court of Justice, region by region. It also highlights some of the signifi cant activities of our court and its members, and gives some perspective on the amount and quality of work we all undertake in one of the largest trial courts of superior jurisdiction in the world. I hope you enjoy this fi rst Annual Report. Warmest regards, J. Douglas Cunningham, Associate Chief Justice The Hon. Mr. Justice J. Douglas Cunningham, Associate Chief Justice 2007–2008 Annual Report \\ 5 Table of Contents 03–03 MESSAGE FROM THE CHIEF JUSTICE 05 – 05 MESSAGE FROM THE ASSOCIATE CHIEF JUSTICE 07–07 INTRODUCTION 09 – 09 HISTORY OF THE SUPERIOR COURT OF JUSTICE 10 – 13 JURISDICTION OF THE SUPERIOR COURT OF JUSTICE 14 – 14 CONSTITUTIONAL DIVISION OF RESPONSIBILITY 15 – 17 ROLES AND RESPONSIBILITIES OF JUDICIAL OFFICIALS 18 – 20 ADMINISTRATIVE STRUCTURE OF THE SUPERIOR COURT OF JUSTICE 21 – 37 REGIONS OF THE SUPERIOR COURT OF JUSTICE 38–41 KEY DEVELOPMENTS IN THE SUPERIOR COURT OF JUSTICE (2007-2008) 42 –64 THE JUDGES OF THE SUPERIOR COURT OF JUSTICE 65–65 ENDNOTES 6 // The Superior Court of Justice: A Profi le Introduction The Superior Court of Justice in Ontario is unique among the courts of the province. It is a court of inherent jurisdiction, meaning that it does not derive its existence from legislation as the other courts of the province do. Instead, the Superior Court’s jurisdiction is rooted in the history of the fi rst courts of England, whose authority over government actions were based in the Magna Carta. The Superior Court of today is entrenched in our modern Canadian Constitution, guaranteeing that the Court continues its inherent and protective authority. Members of the public who engage in proceedings in the Superior Court should know that they are participating in a court process that distinctively traces its foundation to the very foundations of the common law system. Beyond its seminal history, today’s Superior Court of Justice in Ontario holds a place of major importance in the Canadian judicial system. The Court presides in 51 locations across Ontario and is the largest superior trial court in the country, both in the volume of cases and the number of judges. In the 12 month period ending March 31, 2008, a total of 212,082 new proceedings were commenced in the Court. All judges of the Court are appointed by the federal government and derive their inherent jurisdiction from their appointments under section 96 of the Constitution Act. The Superior Court’s complement of full-time judges, currently 231, is fi xed by regulation.1 With jurisdiction over criminal, civil and family matters, the Superior Court of Justice touches the lives of countless Ontarians in signifi cant ways. These are only some of the notable and distinctive aspects of the Superior Court of Justice in Ontario that are explored in this fi rst edition of the Court’s Annual Report. 2007–2008 Annual Report \\ 7 8 // The Superior Court of Justice: A Profi le History of the Superior Court of Justice The origins of the Superior Court of Justice can be traced back to the 1790s, when what is now Ontario was known as Upper Canada. At that time, the court system was based on English common law and modeled after the English system. By the 1830s, Upper Canada had a fully-functioning judicial system including superior, county and district courts; a court of equity (called the Court of Chancery); and a small claims court (called Division Court).