Courts of Nova Scotia graphic and NS Crest
 
 

 

Question 5 Question 6

The Provincial Court has jurisdiction to try almost all indictable offence charges under the Criminal Code (a charge of murder by an adult accused being the main exception) and has exclusive jurisdiction over all summary offence charges under provincial and federal statutes and regulations. If an accused person elects or is subject to trial in the Supreme Court, the Provincial Court holds a preliminary inquiry.

Proceedings relating to all charges under the Criminal Code and the Youth Criminal Justice Act, as well as charges under other federal statutes and the many provincial statutes, commence in Provincial Court. (Note: Matters involving 12-15 year old accused persons in mainland Nova Scotia outside Halifax County are dealt with currently in the Family Court, but will take place in the Provincial Court when the Family Division of the Supreme Court is expanded.) More than than 95% of the proceedings which commence in Provincial Court remain there to completion.

Provincial Court judges also preside over inquiries under the Fatality Investigations Act, conduct recounts under the Municipal Elections Act and are empowered to issue orders for the detention and examination of persons under the Hospitals Act and Health Act.

Provincial Court judges have jurisdiction throughout the province. Administrative support for the Court is provided by the Court Administrators and their staff.

Justices of the Peace assist the Provincial Court by swearing informations and affidavits, issuing summonses and subpoenas, receiving pleas and, in relation to summary offences, imposing minimum penalties. When judges are not available, presiding Justices of the Peace at the Justice of the Peace Centre deal with the release or detention of arrested individuals across the province, and also with arrest warrant and search warrant applications. In Halifax, Dartmouth and Sydney, presiding Justices of the Peace hear provincial offence trials in Night Court.

See - Information kits for representing yourself in the Provincial Court