Court of Appeal

Question 1

Court of Appeal

Answer 1

• typically see three or five judges sitting together
  on the bench to hear appeals. Five judges are required if the court is being asked to overturn one of its own previous decisions. Otherwise, only three judges hear the appeal.
• hears both civil and criminal cases.
  In criminal cases, anyone convicted of a crime can appeal the conviction itself. However, to appeal sentencing, the court must grant the party leave to appeal.
• In civil cases, any final order of the Supreme Court can be appealed. However, if the civil case comes from the Small Claims division, it can only be appealed to the Supreme Court of BC and cannot proceed to the
  Court of Appeal.

Question 2

The Final Word

Answer 2

• BC courts are bound by the decisions of this
  court. These courts must follow the law set out by the Court of Appeal for BC.
  Appeals do not have to end here in BC, though. If someone is unhappy with the Court of Appeal decision, they may be able to appeal to the Supreme Court of Canada.
  In most cases, a panel of three judges needs to grant leave or permission to appeal the case to this court. Leave to appeal is granted based on the court’s assessment of the public importance of the legal issues raised in the case. For instance leave may be granted if the case raised a constitutional issue. In criminal cases where the provincial court of appeal decision
  has one dissenting judge, an appeal to the Supreme Court of Canada may be brought as of right which means it does not need to have leave.
  All decisions made by the Supreme Court of Canada are final.

Question 3

How the Court of Appeal Works

Answer 3

The Court of Appeal judges sit regularly at the Law Courts in Vancouver and Victoria and, from time to time, in Kamloops, Kelowna, and Prince George.
The judges of Court of Appeal are also judges of the Yukon Court of Appeal which sits once a year in Whitehorse. Yukon appeals are heard in Vancouver.
Vancouver is the central registry for the Court of Appeal. So, if you were going to file an appeal this is where you would get started.
There are 14 regular full time judges plus the Chief Justice who heads the Court of Appeal. There are also semi-retired judges who sit at least halftime as supernumerary judges.
The judges are addressed as Mister or Madam Justice outside the courtroom and as My Lord or My Lady inside the courtroom. As this is a more formal court, the judges and the lawyers wear black robes.