What is the difference between provincial court and the Court of King’s Bench?
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What is the difference between provincial court and the Court of King’s Bench?
Alberta has two levels of criminal court (aside from appeal courts): provincial court and superior court. Alberta’s superior court is called the “Alberta Court of King’s Bench” (formerly the Alberta Court of Queen’s Bench). As of April 2023, the name of Alberta’s provincial court is the “Alberta Court of Justice” (formerly the Provincial Court of Alberta).
Both the Alberta Court of King’s Bench (“King’s Bench” for short) and the Alberta Court of Justice (“provincial court” for short) deal with criminal matters across Alberta. They have some of the same decision-making power and hear some of the same kinds of cases, but some cases must be heard in provincial court, and others in King’s Bench.
Here are some of the differences between Alberta’s criminal courts:
- The kinds of cases that are handled: Trials for allegations of some (usually less serious) crimes in Alberta must be held in provincial court. A few very serious criminal matters must be heard in King’s Bench (for example, bail hearings and trials for murder charges). For many crimes, the accused many choose whether to have their trial in provincial court or King’s Bench. This choice is part of what is called defence “election,” which I discuss in a separate FAQ.
- The types of trials available: For King’s Bench trials, the accused may choose whether to be tried by judge and jury, or just a judge. For King’s Bench trials for crimes with a maximum sentence of 14 years or more, the accused has the option of having a preliminary inquiry before the trial. Provincial court trials do not have juries or preliminary inquiries. The choices to have a jury or preliminary inquiry are the other part of defence election. I discuss preliminary inquiries in my FAQ about elections.
- The judges, organization, and procedures of the court: King’s Bench judges are federally appointed and provincial court judges are provincially hired. In Alberta, provincial court judges are more specialized than King’s Bench judges because they generally work in only one of the three main areas of court: adult criminal, family and youth criminal, and civil law (there is also traffic court, which is heard by Justices of the Peace), while King’s Bench judges require broader expertise because they preside over all areas of law. The procedure for what to call judges has changed in recent years. Judges of either court may be called “Sir” or “Ma’am,” and King’s Bench judges may be “My Lord” or “My Lady,” but the preference for both courts is moving toward gender neutral terms. Judges of both courts may be addressed as “Justice.” Historically, provincial court judges have been addressed as “Your Honour.” It remains to be seen whether this practice will continue following the April 2023 change in their official title from “Judge of the Provincial Court of Alberta” to “Justice of the Alberta Court of Justice.”
- The volume of cases handled: Provincial court handles the vast majority of criminal cases in Alberta, from start to finish. In the 2018-2019 fiscal year, about 138,000 criminal cases were commenced in provincial court. The vast majority of those cases stayed in provincial court until they were resolved. King’s Bench handled far fewer cases and court appearances, but dealt with many complex trials.
- The number of courthouses: Across Alberta, King’s Bench sits in 10 courthouses, and provincial court sits in over 70 courthouses. I provide some of the courthouse locations below.
- The kinds of court appearances handled: Criminal docket court sits in many of Alberta’s provincial courts every weekday (excluding holidays), hearing thousands of matters per day. Docket court is for quick, routine court appearances, mostly “adjournments” (scheduling the matter to appear in court at a later date) of a few weeks, so that the crown and defence can take steps to move thing along (like defence counsel receiving and reviewing disclosure of the evidence against the accused, meeting with the client to receive instructions, or meeting with the crown prosecutor to negotiate a resolution). The equivalent of docket court in King’s Bench is criminal appearance court, but it sits less often (once a week in Calgary) and hears fewer matters. Both provincial court and King’s Bench regularly hear guilty pleas, sentencing hearings, trials, and other types of court appearances. Provincial court hears traffic matters and most bail hearings (which are often heard by a Justice of Peace). King’s Bench hears bail reviews (which is like an appeal of a bail decision) and summary conviction appeals; provincial court does not.
Where is the Alberta Court of King’s Bench?
The Alberta Court of King’s Bench is at the Calgary Courts Centre (601 5th St SW, Calgary AB), and at several other courthouse locations in Alberta.
Some of the courthouses are “base courts,” which offer all common court services, and others are “circuit courts,” which provide most but not all common court services. Here is a list of the locations of the King’s Bench courts (with circuit courts listed under their base courts):
- Calgary
- Drumheller
- Red Deer
- Lethbridge
- Edmonton
- Hinton
- Medicine Hat
- Fort MacMurray
- Grand Prairie
- Peace River
- High Level
Where is the Alberta Court of Justice (provincial court)?
The Alberta Court of Justice (provincial court) is at the Calgary Courts Centre (601 5th St SW, Calgary AB), and at over 70 other courthouse locations. Here is a list of its base courts and some of its circuit courts (listed under their respective base courts):
- Calgary
- Tsuut’ina Nation
- Canmore
- Cochrane
- Airdrie
- Didsbury
- Okotoks
- Diamond Valley (formerly Turner Valley)
- Drumheller
- Siksika Nation
- Strathmore
- Hannah
- Red Deer
- Rocky Mountain House
- Stettler
- Coronation
- Rimbey
- Lethbridge
- Fort MacLeod
- Taber
- Cardston
- Pincher Creek)
- Medicine Hat
- Brooks
- Edmonton
- Wetaskiwin
- Leduc
- Sherwood Park
- Fort Saskatchewan
- St. Albert
- Camrose
- Vermillion
- Hinton
- St. Paul
- Peace River
- High Prairie
- Grand Prairie
- Hinton
- Fort MacMurray
- High Level