Appeals

Sometimes a Provincial Court judge or judicial justice makes a decision that a litigant (a person who is a party in the court case) feels is wrong.

The Chief Judge of the Provincial Court does not have the power to review or change the decision of another judge or a judicial justice, so is not able to deal with complaints about the outcome of a case.

In our justice system, the process for correcting judicial errors is by way of appeal (or in some cases, a process called judicial review) to a higher court.

Appeals of small claims and family cases are made to the BC Supreme Court, as are appeals of summary conviction matters under the Criminal Code.

Indictable criminal matters heard in Provincial Court are appealed to the BC Court of Appeal.

Judicial review of Provincial Court decisions is made in Supreme Court, under the Judicial Review Procedure Act and applicable Supreme Court Rules.

For information on how to file an appeal or apply for judicial review:

• see this poster
consult a lawyer
• see the Legal Services Society publications How to appeal your conviction and How to appeal your sentence
• contact your local court registry
• visit the websites of the BC Supreme Court and BC Court of Appeal.