| HISTORY/BIOGRAPHICAL SKETCH: | Dates of founding and/or dissolution:
The Judicial District of Athabasca was established on June 1, 1909 by Order-in-Council (O.C.) 194/09. It was disbanded on May 1, 1920 by O.C. 702/20.
Functional responsibility:
The Judicial District of Athabasca was a geographic area in northern Alberta that served two functions: the adjudication of cases through the province’s court system and the registration of documents.
The function of the courts within the judicial district was to hear and pass judgment on criminal and civil cases. Criminal offenses included arson, assault, blackmail, extortion, fraud, kidnapping, liquor infractions, manslaughter, murder, perjury, prostitution, public drunkenness, robbery, sexual assault, theft, treason, vandalism, and vagrancy. Civil matters included the administration of deceased person’s estates, contract disputes, foreclosures, probate of wills, property disputes, and small claims disputes over debts.
The court holding jurisdiction in this judicial district was the District Court of Alberta (1909-1920).
The District also functioned as a registration district for documents pertaining to bankruptcies, chattel mortgages (i.e., claims against possessions), liens (i.e., claims against real estate), and partnerships.
Predecessor and successor bodies:
Prior to June 1, 1909, civil and criminal matters in this region were heard by a judge, local justice of the peace, or magistrate in the Judicial District of Edmonton. After May 1, 1920, these matters were heard either in the Judicial District of Edmonton or the Judicial District of Peace River.
Administrative relationships:
Following the hierarchy of court system, the decisions made during court proceedings in this judicial district could be appealed to a higher court. At the time of the District’s creation, the judgment of a local magistrate or justice of the peace could be appealed to a judge of the District Court, and then to judges of the Supreme Court of Alberta, followed by judges of the Supreme Court of Canada, concluding with the Judicial Committee of the Privy Council in England.
The Government of Alberta appointed justices of the peace and magistrates, while the Government of Canada appointed the judges of all higher courts within the province.
Although the courts are not part of the Government of Alberta, the Department of the Attorney-General employed the personnel who scheduled trials and hearings, received documents, created and maintained case files, and provided courtroom security within the judicial district.
Administrative Structure:
The boundaries of the Judicial District of Athabasca were altered after their original creation. Two subdistricts, one in Peace River and one in Grande Prairie were created within the boundaries of the District in 1919 (O.C. 1875/19 and O.C. 1876/19). The subdistricts were also disbanded when the District was disbanded (O.C. 702/20).
During the existence of this District, the towns and villages found within it included Athabasca, Athabasca Landing, Brosseau, Edson, Fitzhugh, Fort McMurray, Grande Prairie, Lac Ste. Anne, Legal, Morinville, Peace River, Riviere Qui Barre, St. Albert, St. Paul de Metis (St. Paul), Spruce Grove, Stony Plain, and Wabamun.
Judge Joseph Noel of the District Court of Alberta was the only judge to serve in this judicial district. Justices of the peace also held limited powers to hear and judge legal matters within this district.
Other officials supporting the operations of the courts included clerks, deputy clerks, sheriffs, deputy sheriffs, court reporters, and process issuers (servers). Clerks received and filed documents submitted to and produced by the court and kept financial accounts. Court reporters created transcripts of court proceedings. Sheriffs and deputy sheriffs carried out the orders of the courts, such as property seizures, served legal documents on parties to court cases, and provided courtroom security. In some judicial districts, process issuers rather than sheriffs were employed to deliver legal documents to parties involved in court cases.
|