| HISTORY/BIOGRAPHICAL SKETCH: | Dates of founding and/or dissolution:
The Judicial District of Edmonton was established on October 1, 1906 by Order-in-Council (O.C.) 516/06.
Functional responsibility:
The Judicial District of Edmonton is a geographic area in central Alberta where courts had jurisdiction over criminal and civil matters. Typically, the judicial district in which a civil or criminal matter occurred is where a judge would hear and try that case.
The function of the courts within a 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 courts holding jurisdiction in this judicial district have included the District Court (1881-1884), the High Court of Justice (1884-1887), the Supreme Court of the Northwest Territories (1887-1907), the Supreme Court of Alberta (1907-1919), the District Court of Alberta (1907-1979), the Trial Division of the Supreme Court of Alberta (1919-1979), the Provincial Court of Alberta (1971-present), and the Alberta Court of Queen’s Bench (1979-present). Other judicial officials within in the judicial district, such as justices of the peace or magistrates, held limited powers to hear and judge legal matters.
The District also functioned as a registration district for documents pertaining to bankruptcies, chattel mortgages (claims against possessions), liens (claims against real estate) and partnerships. This function ended in 1967 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:
The district's origins date back to 1881, when the Government of the Northwest Territories separated its Saskatchewan Judicial District into a three divisions. Division 3 was based in Edmonton. In 1883, this Division became known as the Edmonton Division of the Third Judicial District, and, in 1884, it became the Edmonton Division of a new Saskatchewan Judicial District. From 1887 to 1906, it was known as the Edmonton 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 this 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, then to judges of the Supreme Court of Alberta, followed by judges of the Supreme Court of Canada, and finally to 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 Court of Appeal of Alberta, 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 Edmonton have been altered several times since its initial creation as a result of changes in other judicial districts.
In 1909, a new Judicial District of Athabasca was created (O.C 194/09) on the northern boundary of the Judicial District of Edmonton, but some of this territory was reabsorbed by the Judicial District of Edmonton when the Judicial District of Athabasca was abolished in 1920 (O.C. 702/20).
In 1928, a Vegreville Sub-district of the Judicial District of Edmonton was created (O.C. 748/28). In 1954, it became the Judicial District of Vegreville (O.C. 549/54) The Judicial District of Vegreville was abolished in 1994 through Alberta Regulation (A.R.) 361/94, with the Judicial District of Edmonton reassuming jurisdiction over this territory.
The northeastern boundaries of the Judicial District of Edmonton changed as a result of the creation of the Judicial District of Fort McMurray in 1981 (A.R. 170/81) and the Judicial District of St. Paul in 1998 (A.R. 191/97).
The towns and villages found within the District have included Athabasca, Barrhead, Chauvin, Clyde, Edmonton, Edson, Fort McMurray, Grande Cache, High Prairie, Hinton, Jasper, Fort Saskatchewan, Lloydminster, Lac La Biche, Morinville, St. Albert, St. Paul de Metis, St. Paul, Sherwood Park, Smoky Lake, Stony Plain, Tofield, Vegreville, Viking, Wainwright, Whitecourt, and Westlock.
Since 1881, several judicial officials have presided over the courts within the District, including stipendiary magistrates; 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. 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 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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