| HISTORY/BIOGRAPHICAL SKETCH: | Dates of founding and/or dissolution:
The Judicial District of Calgary was established on October 1, 1906 by Order-in-Council (O.C.) 516/06.
Functional responsibility:
The Judicial District of Calgary is a geographic area in central Alberta that serves two functions: the adjudication of cases through the province’s court system and the registration of documents.
The function of the courts within a judicial district is 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 courts holding jurisdiction in this judicial district have included the District Court (1883-1886), the High Court of Justice (1886-1887), the Supreme Court of the Northwest Territories (1887-1907), the District Court of Alberta (1907-1979), the Supreme Court of Alberta (1907-1919), the Trial Division of the Supreme Court of Alberta (1919-1979), the Provincial Court of Alberta (1971-present), and the Court of Queen’s Bench of Alberta (1979-present). Other judicial officials within in the judicial district, such as justices of the peace or magistrates, hold limited powers to hear and judge legal matters.
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. This function ended in 1966 when the registration districts were consolidated into a Central Registry by the Chattel Securities Registry Act (S.A. 1966, c. 12).
Predecessor and successor bodies:
Prior to June 28, 1883, civil and criminal matters in this region were heard by a stipendiary magistrate of the District Court in Division #2 (Fort Macleod) of the Bow River Judicial District of the Northwest Territories.
The Government of the Northwest Territories separated its Bow River Judicial District into a third division based in Calgary, which heard its first cases on June 28, 1883. This division became known as the Calgary Division of the Second Judicial District later in 1883 and as the Calgary Division of the Alberta Judicial District in 1884. From 1887 to 1906, it was known as the Calgary Division of the Judicial District of Northern Alberta.
Administrative relationships:
Following the hierarchy of court system, the decisions made during court proceedings in this judicial district can be appealed to a higher court. At the time of the District’s creation in 1906, 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. Currently, appeals from judgments of the Provincial Court are heard by the Court of Queen’s Bench, followed by the Alberta Court of Appeal, and conclude with the Supreme Court of Canada.
The Government of Alberta appoints justices of the peace and the judges of the Provincial Court of Alberta (previously known as magistrates), while the Government of Canada appoints the judges of all higher courts within the province.
Although the courts are not part of the Government of Alberta, the Court Services Division of Alberta Justice and Attorney-General employs the personnel who schedule trials and hearings, receive documents, create and maintain case files, and provide courtroom security within the judicial district.
Administrative Structure:
The boundaries of the Judicial District of Calgary have been altered several times during its existence as a result of changes in other judicial districts.
In 1914, the creation of the Judicial Districts of Stettler and Medicine Hat in 1914 (O.C. 792/14) altered its northern boundary. The creation of the Judicial District of Acadia (later known as Hanna) in 1919 (O.C. 1290/19) and the Judicial District of Drumheller in 1926 (O.C. 1029/26) further changed its territorial boundaries.
A subdistrict of the Judicial District of Calgary was added in Bassano in 1914 (O.C. 792/14) and disbanded in 1935 (O.C. 1931/35).
Towns and villages within this judicial district have included Acme, Airdire, Banff, Bassano, Calgary, Canmore, Carstairs, Cochrane, Crossfield, Didsbury, Drumheller, Gleichen, Hanna, High River, Langdon, Okotoks, Olds, Strathmore, Trochu, Three Hills, Vulcan, and Youngstown.
Since 1883, several judicial officials have presided over legal matters within the District, including stipendiary magistrates; justices of the peace, judges of the Supreme Court of the Northwest Territories; magistrates, who became the judges of the new Provincial Court of Alberta in 1971; judges of the District Court, judges of the Supreme Court, judges of the Trial Division of the Supreme Court; and judges of the Court of Queen’s Bench.
Other officials supporting the operations of the courts include clerks, deputy clerks, sheriffs, deputy sheriffs, court reporters, and process issuers (servers). Clerks receive and file documents submitted to and produced by the court and keep financial accounts. Court reporters create transcripts of court proceedings. Between 1905 and 1996, 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; after 1996, their role was narrowed to providing courtroom security only. In some judicial districts, process issuers rather than sheriffs were employed to deliver legal documents to parties involved in court cases.
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