Creation and Beginnings of the Court
About the Court
Role of the Court
The Court's Jurisdiction
The Supreme Court of Canada is Canada's highest court. It is the final general court of appeal, the last judicial resort for all litigants, whether individuals or governments. Its jurisdiction embraces both the civil law of the province of Quebec and the common law of the other provinces and territories.
![[Photo - Supreme Court Building]](/web/20061029064216im_/http://www.scc-csc.gc.ca/_images/display/pi_6.jpg)
The Supreme Court of Canada stands at the apex of the Canadian judicial system(Government at a Glance). The Canadian courts may be seen as a pyramid, with a broad base formed by the provincial and territorial courts whose judges are appointed by the provincial and territorial governments. At the next level, there are the provinces' and territories' superior courts whose judges are appointed by the federal government. Judgments from the superior courts may be appealed to the next level, the provincial or territorial courts of appeal. As well, there are the Federal Court of Appeal, the Federal Court and the Tax Court of Canada. Unlike the provincial superior courts, which exercise inherent jurisdiction, the jurisdiction of these courts is granted by statute and encompasses matters falling within the competence of the federal government.
The Supreme Court of Canada hears appeals from the court of last resort, usually a provincial or territorial court of appeal or the Federal Court of Appeal. The Court hears appeals from three sources. In most cases, leave to appeal must first be obtained from a panel of three judges of the Court. Cases for which leave to appeal is not required, primarily criminal cases and appeals from provincial references, are a second source. The third source of cases is the reference power of the federal government by which the Court is required to give an opinion on questions referred to it by the Governor in Council.
Leave to Appeal
In most cases, appeals are heard by the Court only if leave is first given. Leave, or permission, to appeal is given by the Court if, in the opinion of the panel, the case involves a question of public importance or if it raises an important issue of law (or a combination of law and fact) that warrants consideration by the Court. The Court grants leave to appeal based on its assessment of the public importance of the legal issues raised in a given case. The Court thus has control over its docket and is able to supervise the growth and development of Canadian jurisprudence.
Applications for leave to appeal are determined by the Court on the basis of written submissions filed by the parties. The Court considers between 550 and 650 applications for leave to appeal each year. An oral hearing will be held when so ordered by the Court. Applications for leave to appeal are dealt with by three judges and when an oral hearing has been ordered, there is a time limit of fifteen minutes for each side, with five minutes for reply.
Appeals as of Right
There are instances where leave is not required. In criminal cases, for example, an appeal may be brought as of right where one judge in the court of appeal dissents on a point of law.
References
In addition to being Canada's court of final appeal, the Supreme Court performs a unique function. It can be asked by the Governor in Council to hear references, that is, to consider important questions of law such as the constitutionality or interpretation of federal or provincial legislation, or the division of powers between the federal and provincial levels of government. The Court is not often called upon to hear references, but its opinions on the questions referred to it by the government can be of great importance.
Constitutional questions may, of course, also be raised in regular appeals involving individual litigants or governments or government agencies. In such cases the federal and provincial governments must be notified of the constitutional questions and may intervene to argue them.
Hearings of Appeals
An appeal is heard once the parties and any interveners have prepared and filed with the Court the required documents, including a record of evidence and documentation from the lower court files and factums stating the issues as well as the arguments to be presented. A date is chosen and the hearing of the appeal is scheduled by the Registrar.
The Supreme Court holds three sessions a year during which it hears some 80 appeals. Each session lasts three months. The first session begins on the fourth Tuesday in January, the second begins on the fourth Tuesday in April and the third begins on the first Tuesday in October. The statutory opening dates may be varied if the prescribed notice is given. In recent years, it has been the Court's practice to start each session on a Monday.
The Court sits only in Ottawa, although litigants can present oral arguments from remote locations by means of a video-conference system. The Court’s hearings are open to the public, and most hearings are taped for delayed telecast in both official languages. When in session, the Court sits Monday to Friday, usually hearing two appeals a day. A quorum consists of five members for appeals, but most are heard by a panel of seven or nine judges.
On the bench, the Chief Justice, or, in her absence, the senior puisne judge, presides from the centre chair with the other judges seated to her right and left by order of seniority of appointment. At sittings of the Court, the judges usually appear in black silk robes but they wear ceremonial robes of bright scarlet trimmed with Canadian white mink in Court on special occasions and in the Senate at the opening of each new session of Parliament.
Except by special leave of the Court, the only persons who may argue a case before the Court, apart from litigants themselves, are lawyers from any Canadian province or territory. As a general rule, the Court allows two hours for the hearing of an appeal. Each side is given one hour to present its arguments. Interveners are often given the opportunity to be heard. Any party not satisfied with the allotted time may make a special application to obtain more time. During the argument of the appeal, the judges often question the lawyers.
Judgments of the Supreme Court of Canada
The decision of the Court is sometimes rendered at the conclusion of the hearing, but more often, judgment is reserved to enable the judges to write considered reasons. Decisions of the Court need not be unanimous; a majority may decide, with dissenting reasons given by the minority. Each judge may write reasons in any case if he or she chooses to do so.
When a judgment is delivered in a case reserved for decision, the parties are given notice thereof and the formal judgment is deposited with the Registrar together with all the written opinions and a headnote. Copies of the judgment may then be obtained at the Registry. Judgments, in both official languages, are published in the Canada Supreme Court Reports. They can also be consulted on the Internet.
Commemorative book
"The Supreme Court of Canada and its Justices 1875-2000" - a commemorative book
This book has three main chapters:
A brief history of the Court
Biography of the Justices
Architecture of the Court
For more information: Link to Dundurn
