HISTORY/BIOGRAPHICAL SKETCH: | Dates of founding and/or dissolution:
The Judicial District of Red Deer was established on October 1, 1914 by Order-in-Council (O.C.) 792/14.
Functional responsibility:
The Judicial District of Red Deer 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 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 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, 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 1907 with the establishment of a Red Deer office of the Judicial District of Wetaskiwin. With its own clerk, sheriff, and filing system, this office served as a sub-district of the Judicial District of Wetaskiwin although it was not officially designated as such.
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 1914, 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 Red Deer have been altered several times since its initial creation as a result of changes in other judicial districts.
A subdistrict was created in Lacombe in 1916 (O.C. 1247/16) and disbanded in 1920 (O.C. 2126/20). The Judicial District of Red Deer absorbed the territory formerly served by the Judicial District of Stettler in 1936 (O.C. 1237/36).
The towns and villages found within the District have included Alix, Big Valley, Castor, Coronation, Delburne, Innisfail, Lacombe, Lakeview, Nordegg, Pine Lake, Ponoka, Red Deer, Rocky Mountain House, and Stettler.
Since 1914, several judicial officials have presided over the courts within the District, 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 1914 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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