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Wednesday, October 22, 2014
Saskatchewan Justice

Under The Provincial Court Act, 1998, Provincial Court judges are appointed by the Lieutenant Governor in Council.

Only a person who has practised as a lawyer for at least ten years or who has other legal or judicial experience satisfactory to the Judicial Council may be appointed. By virtue of his or her office, each judge is a justice of the peace for Saskatchewan, a judge of the youth court pursuant to the Youth Criminal Justice Act (Canada), and a coroner.

Provincial Court judges may not actively participate in any business, trade, or occupation without the authorization of the Judicial Council.

  • Chief Judge of the Provincial Court
  • The Provincial Court Commission
  • The Judicial Council for Saskatchewan
  • Provincial Court of Saskatchewan
  • Court Services Branch

Chief Judge of the Provincial Court

The Chief Judge of the Provincial Court is appointed by the Lieutenant Governor in Council for a seven-year term. The Chief Judge's duties include:

  • assigning cases to judges;
  • designating court facilities and court dates; and
  • supervising justices of the peace.

One or more Associate Chief Judges may also be appointed by the Lieutenant Governor in Council.

The Chief Judge may, as required, appoint retired judges or retired or non-practising lawyers, who have been designated by the Lieutenant Governor in Council, to serve as temporary judges.

Provincial Court Commission

The Act establishes the Provincial Court Commission. The Commission is composed of:

  • one person appointed by the Minister of Justice;
  • one person appointed by the Provincial Court Judges' Association; and
  • a third person appointed by the first two appointees.

The Commission inquires into and makes recommendations about Provincial Court judges' salaries, professional allowances, vacation leave, pension benefits and additional retirement benefits. The Commission may also inquire into and make recommendations about the working conditions and benefits for Provincial Court judges.

The Legislative Assembly has the authority to accept or reject the Commission's recommendations although it cannot fix the judges' salaries at an amount less than the national average.

Judicial Council for Saskatchewan

The Act establishes the Judicial Council for Saskatchewan. The Council is composed of:

  • the Chief Justice of Saskatchewan or his or her designate;
  • the Chief Justice of the Court of Queen's Bench or his or her designate;
  • the Chief Judge of the Provincial Court or his or her designate;
  • the President of the Law Society or other person designated by the Law Society;
  • one or two persons appointed by the Lieutenant Governor in Council; and
  • two Provincial Court judges elected by the Provincial Court Judges' Association.

The Council considers and makes recommendations to the Minister of Justice about the proposed appointment of a judge and receives and investigates complaints against a judge that allege misconduct or incapacity, including complaints against a former judge for up to two years after the judge's term expires.

After a hearing, if the Council makes a finding of misconduct or incapacity, the Act gives the Council the power to impose a wide range of disciplinary orders, including:

  • recommending to the Lieutenant Governor in Council that the judge be removed from office;
  • specifying the conditions under which the judge may continue in office;
  • suspending the judge; and
  • reprimanding or warning the judge.


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