North Short Changed In Supreme Court Justices? You Be the Judge
By 250 News
Wednesday, June 09, 2010 04:34 AM
Prince George, B.C.- When B.C. Supreme Court Justice Eric Chamberlist retires at the end of this month, there will be just one Supreme Court Justice left who resides in the Cariboo Judicial District . That would be Justice Glen Parrett, and he is supernumerary, which means he is not considered “regular full time”.
Prince George lies within the Judicial District of “Cariboo”. According to the Supreme Court Act, section 8.2, “The number of judges resident in each judicial district must not be less than the number of judges, other than supernumerary judges, who comprised the County Courts that had jurisdiction in each of these judicial districts on June 30, 1990.”
On June 30th of 1990, there were at least two Supreme Court judges resident in the Cariboo Judicial District, Richard T. Low and Victor Curtis, there is some discussion on whether Justice Frank Perry was supernumerary at the time, and then there was Justice Bruce Preston who was residing in Dawson Creek. His position was later filled by Eric Chamberlist.
While the Chief Justice of the Supreme Court, Robert Bauman ,says there is every intention of filling the gap created by Justice Chamberlist’s retirement, Opinion 250 points out there are other gaps that have not been filled.
Supreme Court Justice Ian Meiklem was transferred to Kamloops, there has been no replacement.
Supreme Court Justice Peter Rogers was transferred to Kelowna, there has been no replacement.
Supreme Court Master Douglas Baker was transferred to Vancouver, there has been no replacement.
The gap created by the move of Justice Parrett to supernumerary status was filled, although it won’t do much good for the Cariboo Judicial District. The appointment was of a Justice to the Supreme Court in New Westminster.
The appointment of a justice to the B.C. Supreme Court is the responsibility of the Federal Government.
So with Justice Chamberlist retiring, there will not be one full time sitting Supreme Court Justice north of Kamloops even though section 8.2 would seem to be clear that there must be at least two judges (other than supernumerary judges) residing in the Cariboo Judicial District.
Chief Justice Bauman says he has looked into Section 8.2 as it applies to the Cariboo Judicial District but he appears to include the supernumerary judge as one of the “resident” judges “We’re required to have two resident judges in that district. As you know, Justice Chamberlist is retiring and we of course hope Ottawa will fill that position in a timely fashion. But as I indicated earlier we don’t completely control that process and of course Judge Parrett remains in Prince George for the time being as he sits as supernumerary judge.”
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Posted by: hammmy on June 9 2010 5:33 AM