Government of New Brunswick

Executive Council Office

Judicial Branch

The Judicial Branch is composed of both federal and provincial courts.

Federal courts include the Supreme Court of Canada, the Federal Court of Canada (Trial Division and Appellate Division), and the Tax Court.

Provincial courts include the Court of Appeal of New Brunswick, the Court of Queen’s Bench of New Brunswick (Trial Division and Family Division), the Court of Divorce, the Probate Court, the Small Claims Court, and the Provincial Court.

Justices of the Court of Queen’s Bench and the Court of Appeal are appointed by the Governor General in Council. Salaries for federally-appointed judges are paid by the federal government.

With respect to the Provincial Court (also designated as the Youth Court under the Young Offenders Act and the Provincial Offences Procedure for Young Persons Act ), judges are appointed by the Lieutenant-Governor in Council. Adjudicators (senior lawyers) appointed by the Lieutenant-Governor in Council preside over matters in the Small Claims Court.

The Province, by virtue of section 92(14) of the Constitution Act, is responsible for the constitution, maintenance and organization of provincial courts. All costs related to court operations (excluding the salaries and expenses related to federally-appointed judges) in the Province of New Brunswick are borne by the Province.