Jurisdiction of the Court

Established in 1914, the Court of Appeal of Alberta has served Albertans for more than a century.

The Court of Appeal does not re-try cases and generally does not consider new evidence. Rather, the Court reviews the lower court or tribunal record to determine whether errors of law or fact were made in a decision.

The Court of Appeal can only decide matters brought to the Court by affected parties.

Matters Heard by the Court of Appeal

The Court hears the following matters:

  • Criminal appeals (indictable offences) from the Alberta Court of Justice,
  • Criminal (indictable offences) and civil (including family) appeals from the Court of King’s Bench,
  • Appeals from administrative tribunals, and
  • Reference questions referred by the Lieutenant Governor in Council under the Judicature Act—to provide an opinion.

Justices from the Court of Appeal of Alberta are also appointed to the Court of Appeal for the Northwest Territories and the Court of Appeal for Nunavut.

Matters not heard by the Court of Appeal

  • Appeals from Alberta Court of Justice Civil (i.e., small claims court) go to King’s Bench Civil. The King’s Bench decision is final, and there is no further right of appeal to the Court of Appeal.
  • Appeals from Alberta Court of Justice (Family Law Act) go to King’s Bench Civil. Any further appeal to the Court of Appeal requires permission to appeal.
  • Appeals from Alberta Court of Justice (Residential Tenancies Act) go to King’s Bench Civil.
  • Appeals from Alberta Court of Justice (Traffic) go to King’s Bench Criminal. Any further appeal to the Court of Appeal requires permission (leave) to appeal.
  • Appeals from Provincial Court Criminal (Summary Conviction Offences) go to King’s Bench Criminal. Any further appeal to the Court of Appeal requires permission (leave) to appeal.
  • Appeals from an Applications Judge’s Order go to King’s Bench Chambers.
  • Some appeals from administrative boards or tribunals may go to King’s Bench Civil as a judicial review. in accordance with applicable legislation.