What is the core jurisdiction of a superior court under s. 96 of the Constitution Act, 1867?

British Columbia, Canada


The following excerpt is from Teal Cedar Products v. British Columbia (Attorney General), 2008 BCSC 239 (CanLII):

One aspect of the core jurisdiction of superior courts which is protected by s. 96 is the power of the courts to superintend decisions of provincial inferior statutory decision-makers. That was explained in Noël v. Société d’énergie de la Baie James, 2001 SCC 39, [2001] 2 S.C.R. 207 at para. 27: Under the constitutional arrangements that prevail in Canada, each province has a superior court whose members are appointed under s. 96 of the Constitution Act, 1867. That court is the cornerstone of the Canadian judicial system. It has what has been characterized as a “core” jurisdiction which cannot be removed from it by the provincial legislatures … Among the essential powers reserved for a superior court as a court of general jurisdiction, is the judicial review of lower tribunals and administrative bodies. While that power may be circumscribed it cannot be totally removed from the superior court or transferred to another body… . Position of the petitioner

Other Questions


Is the Chief Justice of the Court of Appeal of the Supreme Court of B.C holding that the Court has jurisdiction to determine whether a person who is not a party to a particular type of tortfeasor has a valid claim? (British Columbia, Canada)
Is an extradition court a court of competent jurisdiction pursuant to s. 24 of the Charter and has the jurisdiction to grant Charter remedies? (British Columbia, Canada)
Does the Superior Court of Justice have concurrent jurisdiction with the Federal Court to hear a habeas corpus application? (British Columbia, Canada)
What is the test for a proposal to create concurrent superior court jurisdiction? (British Columbia, Canada)
Does the Court have concurrent jurisdiction with the federal court to assess decisions of a band council? (British Columbia, Canada)
Does a provincial superior court have the authority to rule on the constitutional validity of federal legislation? (British Columbia, Canada)
Does the Superior Court of Justice have jurisdiction to adjudicate claims of wrongful dismissal and breach of an employment contract? (British Columbia, Canada)
Does the court have jurisdiction or residual discretion to prevent misuse of the court’s procedure? (British Columbia, Canada)
Does a domestic court have jurisdiction to consider fraud in the foreign jurisdiction? (British Columbia, Canada)
What are the principles used by the Court of Appeal in making an order to refer the issue to the Superior Court of Justice? (British Columbia, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.