The Supreme Court of Canada (SCC; french: Cour suprême du Canada, CSC) is the
highest court
A supreme court is the highest court within the hierarchy of courts in most legal jurisdictions. Other descriptions for such courts include court of last resort, apex court, and high (or final) court of appeal. Broadly speaking, the decisions of ...
in the
judicial system
The judiciary (also known as the judicial system, judicature, judicial branch, judiciative branch, and court or judiciary system) is the system of courts that adjudicates legal disputes/disagreements and interprets, defends, and applies the law ...
of
Canada
Canada is a country in North America. Its ten provinces and three territories extend from the Atlantic Ocean to the Pacific Ocean and northward into the Arctic Ocean, covering over , making it the world's second-largest country by tot ...
. It comprises
nine justices, whose decisions are the ultimate application of
Canadian law
The legal system of Canada is pluralist: its foundations lie in the English common law system (inherited from its period as a colony of the British Empire), the French civil law system (inherited from its French Empire past), and Indigenous ...
, and grants permission to between 40 and 75
litigant
-
A lawsuit is a proceeding by a party or parties against another in the civil court of law. The archaic term "suit in law" is found in only a small number of laws still in effect today. The term "lawsuit" is used in reference to a civil acti ...
s each year to appeal decisions rendered by provincial, territorial and federal
appellate courts
A court of appeals, also called a court of appeal, appellate court, appeal court, court of second instance or second instance court, is any court of law that is empowered to hear an appeal of a trial court or other lower tribunal. In much of ...
. The Supreme Court is bijural, hearing cases from two major legal traditions (
common law
In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omnipres ...
and
civil law) and bilingual, hearing cases in both
official languages of Canada
The official languages of Canada are English and French, which "have equality of status and equal rights and privileges as to their use in all institutions of the Parliament and Government of Canada," according to Canada's constitution. "Official ...
(
English
English usually refers to:
* English language
* English people
English may also refer to:
Peoples, culture, and language
* ''English'', an adjective for something of, from, or related to England
** English national ide ...
and
French).
The effects of any judicial decision on the
common law
In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omnipres ...
, on the interpretation of statutes, or on any other application of law, can, in effect, be nullified by legislation, unless the particular decision of the court in question involves application of the
Canadian Constitution
The Constitution of Canada (french: Constitution du Canada) is the supreme law in Canada. It outlines Canada's system of government and the civil and human rights of those who are citizens of Canada and non-citizens in Canada. Its contents ar ...
, in which case, the decision (in most cases) is completely binding on the legislative branch. This is especially true of decisions which touch upon the ''
Canadian Charter of Rights and Freedoms
The ''Canadian Charter of Rights and Freedoms'' (french: Charte canadienne des droits et libertés), often simply referred to as the ''Charter'' in Canada, is a bill of rights entrenched in the Constitution of Canada, forming the first part ...
'', which cannot be altered by the legislative branch unless the decision is overridden pursuant to section 33 (the "
notwithstanding clause
Section 33 of the ''Canadian Charter of Rights and Freedoms'' is part of the Constitution of Canada. It is commonly known as the notwithstanding clause (french: clause dérogatoire, links=no or ), sometimes referred to as the override power, and ...
").
History
The creation of the Supreme Court of Canada was provided for by the ''
British North America Act, 1867
The ''Constitution Act, 1867'' (french: Loi constitutionnelle de 1867),''The Constitution Act, 1867'', 30 & 31 Victoria (U.K.), c. 3, http://canlii.ca/t/ldsw retrieved on 2019-03-14. originally enacted as the ''British North America Act, 186 ...
'', renamed in 1982 the ''
Constitution Act, 1867
The ''Constitution Act, 1867'' (french: Loi constitutionnelle de 1867),''The Constitution Act, 1867'', 30 & 31 Victoria (U.K.), c. 3, http://canlii.ca/t/ldsw retrieved on 2019-03-14. originally enacted as the ''British North America Act, 186 ...
''. The first bills for the creation of a federal supreme court, introduced in the
Parliament of Canada in 1869 and in 1870, were withdrawn. It was not until 8 April 1875 that a bill was finally passed providing for the creation of a Supreme Court of Canada.
![Interior of the old Supreme Court of Canada](https://upload.wikimedia.org/wikipedia/commons/4/4a/Interior_of_the_old_Supreme_Court_of_Canada.jpg)
However, prior to 1949, the Supreme Court did not constitute the
court of last resort
A supreme court is the highest court within the hierarchy of courts in most legal jurisdictions. Other descriptions for such courts include court of last resort, apex court, and high (or final) court of appeal. Broadly speaking, the decisions of ...
: litigants could appeal to the
Judicial Committee of the Privy Council
The Judicial Committee of the Privy Council (JCPC) is the highest court of appeal for the Crown Dependencies, the British Overseas Territories, some Commonwealth countries and a few institutions in the United Kingdom. Established on 14 Aug ...
in London. Some cases could bypass the Supreme Court and go directly to the Judicial Committee from the provincial courts of appeal. The Supreme Court formally became the court of last resort for criminal appeals in 1933 and for all other appeals in 1949. The last decisions of the Judicial Committee on cases from Canada were made in the mid-1950s, for cases that had first been heard in a court of first instance prior to 1949.
The increase in the importance of the Supreme Court was mirrored by the numbers of its members; it was established first with six judges, and these were augmented by an additional member in 1927. In 1949, the bench reached its current composition of nine justices.
Prior to 1949, most of the appointees to the court owed their position to political
patronage. Each judge had strong ties to the party in power at the time of their appointment. In 1973, the appointment of a constitutional law professor
Bora Laskin as chief justice represented a major turning point for the court. Laskin's
federalist and liberal views were shared by
Prime Minister
A prime minister, premier or chief of cabinet is the head of the cabinet and the leader of the ministers in the executive branch of government, often in a parliamentary or semi-presidential system. Under those systems, a prime minister i ...
Pierre Trudeau, who recommended Laskin's appointment to the court, but from that appointment onward appointees increasingly either came from academic backgrounds or were well-respected practitioners with several years' experience in appellate courts.
The ''
Constitution Act, 1982
The ''Constitution Act, 1982'' (french: link=no, Loi constitutionnelle de 1982) is a part of the Constitution of Canada.Formally enacted as Schedule B of the ''Canada Act 1982'', enacted by the Parliament of the United Kingdom. Section 60 of t ...
'', greatly expanded the role of the court in Canadian society by the addition of the ''Canadian Charter of Rights and Freedoms'', which greatly broadened the scope of judicial review. The evolution from the court under Chief Justice
Brian Dickson
Robert George Brian Dickson (May 25, 1916 – October 17, 1998) was a Canadian lawyer, military officer and judge. He was appointed a puisne justice of the Supreme Court of Canada on March 26, 1973, and subsequently appointed the 15th Chief Ju ...
(1984–90) through to that of
Antonio Lamer
Joseph Antonio Charles Lamer (July 8, 1933 – November 24, 2007) was a Canadian lawyer, jurist and the 16th Chief Justice of Canada.
Career
Lamer practised in partnership at the firm of Cutler, Lamer, Bellemare and Associates and was a full ...
(1990–2000) witnessed a continuing vigour in the protection of civil liberties. Lamer's criminal law background proved an influence on the number of criminal cases heard by the Court during his time as chief justice. Nonetheless, the Lamer court was more conservative with ''Charter'' rights, with only about a 1% success rate for ''Charter'' claimants.
Lamer was succeeded as the chief justice by
Beverley McLachlin
Beverley Marian McLachlin (born September 7, 1943) is a Canadian jurist and author who served as the 17th chief justice of Canada from 2000 to 2017. She is the longest-serving chief justice in Canadian history and the first woman to hold the p ...
in January 2000. She was the first woman to hold that position. McLachlin's appointment resulted in a more centrist and unified court. Dissenting and concurring opinions were fewer than during the Dickson and Lamer courts. With the 2005 appointments of puisne justices
Louise Charron
Louise Charron, (born March 2, 1951) is a Canadian jurist. She was appointed to the Supreme Court of Canada in October, 2004, and is the first native-born Franco-Ontarian Supreme Court judge. (This distinction has sometimes been attributed to Lo ...
and
Rosalie Abella
Rosalie Silberman Abella (born July 1, 1946) is a Canadian jurist. In 2004, Abella was appointed to the Supreme Court of Canada, becoming the first Jewish woman and refugee to sit on the Canadian Supreme Court bench. She retired from the fede ...
, the court became the world's most gender-balanced national high court with four of its nine members being female. Justice
Marie Deschamps
Marie Deschamps, CC (born October 2, 1952) is a former puisne justice of the Supreme Court of Canada. She retired from the court on August 7, 2012. In September 2019, Deschamps was appointed as a member of the National Security and Intelligence ...
' retirement on 7 August 2012 caused the number to fall to three;
however, the appointment of
Suzanne Côté
Suzanne Côté (born September 21, 1958) is a puisne justice of the Supreme Court of Canada. She was nominated by Prime Minister Stephen Harper to replace retiring justice Louis LeBel. Before her appointment to the Supreme Court, she was a partner ...
on 1 December 2014 restored the number to four. After serving on the court for ( as chief justice), McLachlin retired in December 2017. Her successor as the chief justice is
Richard Wagner.
Along with the
German Federal Constitutional Court and the
European Court of Human Rights
The European Court of Human Rights (ECHR or ECtHR), also known as the Strasbourg Court, is an international court of the Council of Europe which interprets the European Convention on Human Rights. The court hears applications alleging that ...
, the Supreme Court of Canada is among the most frequently cited courts in the world.
Canadian judiciary
The structure of the
Canadian court system
The court system of Canada forms the country's judiciary, formally known as "The King on the Bench", which interprets the law and is made up of many courts differing in levels of legal superiority and separated by jurisdiction. Some of the courts ...
is pyramidal, a broad base being formed by the various provincial and territorial courts whose judges are appointed by the provincial or territorial governments. At the next level are the provincial and territorial superior trial courts, where judges are appointed by the federal government. Judgments from the superior courts may be appealed to a still higher level, the provincial or territorial superior courts of appeal.
Several federal courts also exist: the
Tax Court, the
Federal Court, the
Federal Court of Appeal
The Federal Court of Appeal (french: Cour d'appel fédérale) is a Canadian appellate court that hears cases concerning federal matters.
History
Section 101 of the Constitution Act, 1867 empowers the Parliament of Canada to establish "addit ...
, and the
Court Martial Appeal Court. Unlike the provincial superior courts, which exercise inherent or general
jurisdiction
Jurisdiction (from Latin 'law' + 'declaration') is the legal term for the legal authority granted to a legal entity to enact justice. In federations like the United States, areas of jurisdiction apply to local, state, and federal levels.
J ...
, the jurisdiction of federal courts and provincially appointed provincial courts are limited by statute. In all, there are over 1,000 federally appointed judges at various levels across Canada.
Appellate process
The Supreme Court rests at the apex of the judicial pyramid. This institution hears appeals from the provincial courts of last resort, usually the provincial or territorial courts of appeal, and the Federal Court of Appeal, although in some matters appeals come straight from the trial courts, as in the case of
publication ban
A publication ban is a court order which prohibits the public or media from disseminating certain details of an otherwise public judicial proceeding. In Canada, publication bans are most commonly issued when the safety or reputation of a victim o ...
s and other orders that are otherwise not appealable.
In most cases, permission to appeal must first be obtained from the court. Motions for
leave to appeal
In law, an appeal is the process in which cases are reviewed by a higher authority, where parties request a formal change to an official decision. Appeals function both as a process for error correction as well as a process of clarifying and ...
to the court are generally heard by a panel of three of its judges and a simple majority is determinative. By convention, this panel never explains why it grants or refuses leave in any particular case, but the court typically hears cases of national importance or where the case allows it to settle an important issue of law. Leave is rarely granted, meaning that for most litigants, provincial courts of appeal are courts of last resort. But leave to appeal is not required for some cases, primarily indictable criminal cases in which at least one appellate judge (on the relevant provincial court of appeal) dissented on a point of law, and appeals from provincial
reference case
In Canadian law, a reference question or reference case (formally called abstract review) is a submission by the federal or a provincial government to the courts asking for an advisory opinion on a major legal issue. Typically the question conce ...
s.
A final source of cases is the power of the federal government to submit reference cases. In such cases, the Supreme Court is required to give an opinion on questions referred to it by the Governor in Council (the
Cabinet). However, in many cases, including the most recent
same-sex marriage reference, the Supreme Court has declined to answer a question from the Cabinet. In that case, the court said it would not decide if
same-sex marriage
Same-sex marriage, also known as gay marriage, is the marriage of two people of the same sex or gender. marriage between same-sex couples is legally performed and recognized in 33 countries, with the most recent being Mexico, constituting ...
s were required by the ''Charter of Rights and Freedoms'', because the government had announced it would change the law regardless of its opinion, and subsequently did.
Constitutional interpretation
The Supreme Court thus performs a unique function. It can be asked by the Governor-in-Council to hear references considering important questions of law. Such referrals may concern the constitutionality or interpretation of federal or provincial legislation, or the
division of powers between federal and provincial spheres of government. Any point of law may be referred in this manner. However, the Court is not often called upon to hear references. References have been used to re-examine criminal convictions that have concerned the country as in the cases of
David Milgaard
David Milgaard (July 7, 1952 – May 15, 2022) was a Canadian man who was wrongfully convicted for the 1969 rape and murder of nursing student Gail Miller in Saskatoon and imprisoned for 23 years. He was eventually released and exonerated. Up u ...
and
Steven Truscott.
The Supreme Court has the ultimate power of
judicial review
Judicial review is a process under which executive, legislative and administrative actions are subject to review by the judiciary. A court with authority for judicial review may invalidate laws, acts and governmental actions that are incomp ...
over Canadian federal and provincial laws' constitutional validity. If a federal or provincial law has been held contrary to the division of power provisions of one of the various constitution acts, the legislature or parliament must either live with the result, amend the law so that it complies, or obtain an amendment to the constitution. If a law is declared contrary to certain sections of the ''Charter of Rights and Freedoms'', Parliament or the provincial legislatures may make that particular law temporarily valid again against by using the "override power" of the
notwithstanding clause
Section 33 of the ''Canadian Charter of Rights and Freedoms'' is part of the Constitution of Canada. It is commonly known as the notwithstanding clause (french: clause dérogatoire, links=no or ), sometimes referred to as the override power, and ...
. In one case, the
Quebec National Assembly invoked this power to override a Supreme Court decision (''
Ford v Quebec (AG)'') that held that one of Quebec's language laws banning the display of English commercial signs was inconsistent with the ''Charter''. Saskatchewan has also used it to uphold its labour laws. This override power can be exercised for five years, after which time the override must be renewed or the decision comes into force.
In some cases, the court may stay the effect of its judgments so that unconstitutional laws continue in force for a period of time. Usually, this is done to give Parliament or a legislature sufficient time to enact a new replacement scheme of legislation. For example, in ''
Reference Re Manitoba Language Rights'', the court struck down Manitoba's laws because they were not enacted in the French language, as required by the Constitution. However, the Court stayed its judgment for five years to give Manitoba time to re-enact all its legislation in French. It turned out five years was insufficient so the court was asked, and agreed, to give more time.
Constitutional questions may, of course, also be raised in the normal case of appeals involving individual litigants, governments, government agencies or
Crown corporations. In such cases the federal and provincial governments must be notified of any constitutional questions and may
intervene to submit a
brief
Brief, briefs, or briefing may refer to:
Documents
* A letter
* A briefing note
* Papal brief, a papal letter less formal than a bull, sealed with the pope's signet ring or stamped with the device borne on this ring
* Design brief, a type of ed ...
and attend
oral argument
Oral arguments are spoken presentations to a judge or appellate court by a lawyer (or parties when representing themselves) of the legal reasons why they should prevail. Oral argument at the appellate level accompanies written briefs, which also a ...
at the court. Usually the other governments are given the right to argue their case in the court, although on rare occasions this has been curtailed and prevented by order of one of the court's judges.
Sessions
The Supreme Court sits for 18 weeks of the year beginning the first Monday of October and usually runs until the end of June and sometimes into July. Hearings only take place in
Ottawa, although litigants can present oral arguments from remote locations by means of a video-conference system. Hearings are open to the public. Most hearings are taped for delayed telecast in both of Canada's official languages. When in session, the court sits Monday to Friday, hearing two appeals a day. A quorum consists of five members for appeals, but a panel of nine justices hears most cases.
![The Nine](https://upload.wikimedia.org/wikipedia/commons/2/21/The_Nine.jpg)
On the bench, the
chief justice of Canada
The chief justice of Canada (french: juge en chef du Canada) is the presiding judge of the nine-member Supreme Court of Canada, the highest judicial body in Canada. As such, the chief justice is the highest-ranking judge of the Canadian court s ...
or, in his or her absence, the senior
puisne
Puisne (; from Old French ''puisné'', modern ''puîné'', "later born, younger" (and thence, "inferior") from late Latin ''post-'', "after", and ''natus'', "born") is a legal term of art obsolete in many jurisdictions and, when current, used main ...
justice, presides from the centre chair with the other justices seated to his or her right and left by order of seniority of appointment. At sittings, the justices usually appear in black silk robes but they wear their 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.
Counsel appearing before the court may use either English or French. The judges can also use either English or French. There is simultaneous translation available to the judges, counsel and to members of the public who are in the audience.
The decision of the court is sometimes – but rarely – rendered orally at the conclusion of the hearing. In these cases, the court may simply refer to the decision of the court below to explain its own reasons. In other cases, the court may announce its decision at the conclusion of the hearing, with reasons to follow. As well, in some cases, the court may not call on counsel for the respondent, if it has not been convinced by the arguments of counsel for the appellant. In very rare cases, the court may not call on counsel for the appellant and instead calls directly on counsel for the respondent. However, in most cases, the court hears from all counsel and then reserves judgment to enable the justices to write considered reasons. Decisions of the court need not be unanimous – a majority may decide, with dissenting reasons given by the minority. Justices may write separate or joint opinions for any case.
A puisne justice of the Supreme Court is
referred to as ''The
Honourable
''The Honourable'' (British English) or ''The Honorable'' (American English; see spelling differences) (abbreviation: ''Hon.'', ''Hon'ble'', or variations) is an honorific style that is used as a prefix before the names or titles of certai ...
Mr/Madam Justice'' and the chief justice as ''
Right Honourable
''The Right Honourable'' (abbreviation: ''Rt Hon.'' or variations) is an honorific style traditionally applied to certain persons and collective bodies in the United Kingdom, the former British Empire and the Commonwealth of Nations. The term is ...
''. At one time, judges were addressed as "My Lord" or "My Lady" during sessions of the court, but it has since discouraged this style of address and has directed lawyers to use the simpler "Justice", "Mr Justice" or "Madam Justice". The designation "My Lord/My Lady" continues in many provincial superior courts and in the Federal Court of Canada and Federal Court of Appeal, where it is optional.
Every four years, the
Judicial Compensation and Benefits Commission The Judicial Compensation and Benefits Commission is a Canadian commission that recommends judicial salaries for federally appointed judges.
The commission was created in 1999 by the government of Prime Minister Jean Chrétien, under the Judges Act ...
makes recommendations to the federal government about the salaries for federally appointed judges, including the judges of the Supreme Court. That recommendation is not legally binding on the federal government, but the federal government is generally required to comply with the recommendation unless there is a very good reason to not do so. The chief justice receives $370,300 while the puisne justices receive $342,800 annually.
Appointment of justices
Justices of the Supreme Court of Canada are appointed on the
advice
Advice (noun) or advise (verb) may refer to:
* Advice (opinion), an opinion or recommendation offered as a guide to action, conduct
* Advice (constitutional law) a frequently binding instruction issued to a constitutional office-holder
* Advice (p ...
of the prime minister. The provinces and Parliament of Canada have no formal role in such appointments, sometimes a point of contention.
The ''
Supreme Court Act
The ''Supreme Court Act'' (the ''Act'') is an Act passed by the Parliament of Canada which established the Supreme Court of Canada. It was originally passed in 1875 as the ''Supreme and Exchequer Courts Act''. However, at the time, the Supreme Co ...
'' limits eligibility for appointment to persons who have been judges of a superior court or members of the
bar for ten or more years. Members of the bar or superior judiciary of Quebec, by law, must hold three of the nine positions on the Supreme Court of Canada. This is justified on the basis that Quebec uses
civil law, rather than
common law
In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omnipres ...
, as in the rest of the country. As explained in the reasons in ''
Reference Re Supreme Court Act, ss. 5 and 6
''Reference Re'' Supreme Court Act'', ss. 5 and 6'', 2014 SCC 21 is a decision of the Supreme Court of Canada concerning the eligibility of members of the Quebec courts and the Quebec Bar to be appointed to the three seats on the Supreme Court ...
'', sitting judges of the Federal Court and Federal Court of Appeal cannot be appointed to any of Quebec's three seats. By convention, the remaining six positions are divided in the following manner: three from Ontario; two from the western provinces, typically one from British Columbia and one from the prairie provinces, which rotate among themselves (although Alberta is known to cause skips in the rotation); and one from the Atlantic provinces, almost always from Nova Scotia or New Brunswick.
In 2006, an interview phase by an committee of members of Parliament was added. Justice
Marshall Rothstein
Marshall Rothstein (born December 25, 1940) is a former Puisne Justice of the Supreme Court of Canada.
Early life
Born in Winnipeg, Manitoba, to Jewish parents who immigrated from Eastern Europe, he received a Bachelor of Commerce in 1962 and an ...
became the first justice to undergo the new process. The prime minister still has the final say on who becomes the candidate that is recommended to the governor general for appointment to the court. The government proposed an interview phase again in 2008, but a general election and minority parliament intervened with delays such that the Prime Minister recommended
Justice Cromwell after consulting the
leader of the Opposition.
As of August 2016, Prime Minister
Justin Trudeau
Justin Pierre James Trudeau ( , ; born December 25, 1971) is a Canadian politician who is the 23rd and current prime minister of Canada. He has served as the prime minister of Canada since 2015 and as the leader of the Liberal Party since 2 ...
opened the process of application to change from the above-noted appointment process. Under the revised process, "
nyCanadian lawyer or judge who fits specified criteria can apply for a seat on the Supreme Court, through the Office of the Commissioner for Federal Judicial Affairs." Functional bilingualism is now a requirement.
Justices were originally allowed to remain on the bench for
life
Life is a quality that distinguishes matter that has biological processes, such as Cell signaling, signaling and self-sustaining processes, from that which does not, and is defined by the capacity for Cell growth, growth, reaction to Stimu ...
, but in 1927 a
mandatory retirement
Mandatory retirement also known as forced retirement, enforced retirement or compulsory retirement, is the set age at which people who hold certain jobs or offices are required by industry custom or by law to leave their employment, or retire.
As ...
age of 75 was instituted. They may choose to retire earlier, but can only be removed involuntarily before that age by a vote of the
Senate and
House of Commons
The House of Commons is the name for the elected lower house of the bicameral parliaments of the United Kingdom and Canada. In both of these countries, the Commons holds much more legislative power than the nominally upper house of parliament. T ...
.
Current members
![The Honourable Richard Wagner](https://upload.wikimedia.org/wikipedia/commons/9/9a/The_Honourable_Richard_Wagner.jpg)
The current chief justice of Canada is
Richard Wagner. He was appointed to the court as a puisne judge on 5 October 2012 and appointed chief justice, 18 December 2017.
The nine justices of the Wagner Court are:
Length of tenure
The following graphical timeline depicts the length of each current justice's tenure on the Supreme Court (not their position in the court's order of precedence) as of .
Andromache Karakatsanis has had the longest tenure of any of the current members of the court, having been appointed in October 2011. Richard Wagner's cumulative tenure is — as puisne justice, and as chief justice. Michelle O'Bonsawin has the briefest tenure, having been appointed ago. The length of tenure for the other justices are: Suzanne Côté, ; Russell Brown, ; Malcom Rowe, ; Sheilah Martin, ; Nicholas Kasirer, ; and Mahmud Jamal, .
Rules of the court
The ''Rules of the Supreme Court of Canada'' are located on th
laws-lois.justice.gc.cawebsite, as well as in the
Canada Gazette
The ''Canada Gazette'' (french: Gazette du Canada) is the official government gazette of the Government of Canada. It was first published on October 2, 1841. While it originally published all acts of the Parliament of Canada, it later also publ ...
, as SOR/2002-216 (plus amendments), made pursuant to subsection 97(1) of the ''Supreme Court Act''. Fees and taxes are stipulated near the end.
Law clerks
Since 1967, the court has hired law clerks to assist in legal research. Between 1967 and 1982, each puisne justice was assisted by one law clerk and the chief justice had two. From 1982, the number was increased to two law clerks for each justice. Currently, each justice has up to four law clerks.
Law clerks conduct research, draft
bench memoranda, and assist in drafting judgments, as well as any other research duties assigned by the law clerk's judge such as drafting speeches or articles.
Law clerks are usually newly-trained lawyers who have been both admitted to the bar in their respective provinces and completed their articles. Clerkships at the Supreme Court are prestigious positions within the Canadian legal community and are highly competitive, with each position receiving thousands of applications.
Successful applicants usually have an excellent academic record and prior service on law reviews/journals during law school, along with an extensive record of legal publications. Akin to the United States, former Supreme Court clerks are highly sought after by private law firms for their rare experience, with many earning a substantial signing bonus above regular associates.
Building
![Supreme court of Canada in summer](https://upload.wikimedia.org/wikipedia/commons/f/fb/Supreme_court_of_Canada_in_summer.jpg)
The Supreme Court of Canada Building (french: L’édifice de la Cour suprême du Canada), located just west of
Parliament Hill
Parliament Hill (french: Colline du Parlement, colloquially known as The Hill, is an area of Crown land on the southern banks of the Ottawa River in downtown Ottawa, Ontario, Canada. Its Gothic revival suite of buildings, and their archit ...
at 301
Wellington Street on a bluff high above the
Ottawa River in
downtown Ottawa
Downtown Ottawa is the central area of Ottawa, Ontario, Canada. It is sometimes referred to as the Central Business District and contains Ottawa's financial district. It is bordered by the Ottawa River to the north, the Rideau Canal to the east, ...
, is home to the Supreme Court of Canada.
It also contains two courtrooms used by the Federal Court and the
Federal Court of Appeal
The Federal Court of Appeal (french: Cour d'appel fédérale) is a Canadian appellate court that hears cases concerning federal matters.
History
Section 101 of the Constitution Act, 1867 empowers the Parliament of Canada to establish "addit ...
.
The building was designed by
Ernest Cormier
Ernest Cormier OC (December 5, 1885 – January 1, 1980) was a Canadian engineer and architect. He spent much of his career in the Montreal area, designing notable examples of Art Deco architecture, including the Université de Montré ...
. The building is known for its
Art Deco
Art Deco, short for the French ''Arts Décoratifs'', and sometimes just called Deco, is a style of visual arts, architecture, and product design, that first appeared in France in the 1910s (just before World War I), and flourished in the Unite ...
decorative details, including two candelabrum-style fluted metal lamp standards that flank the entrance, and the marble walls and floors of the grand interior lobby
[ contrasting with the châteauesque roof. Construction began in 1939, with the cornerstone laid by Queen Elizabeth, consort to King ]George VI
George VI (Albert Frederick Arthur George; 14 December 1895 – 6 February 1952) was King of the United Kingdom and the Dominions of the British Commonwealth from 11 December 1936 until his death in 1952. He was also the last Emperor of I ...
and later known as the Queen Mother. The court began hearing cases in the new building by January 1946.
In 2000, it was named by the Royal Architectural Institute of Canada
The Royal Architectural Institute of Canada (RAIC) is a not-for-profit, national organization that has represented architects and architecture for over 100 years, in existence since 1907. The RAIC is the leading voice for excellence in the built ...
as one of the top 500 buildings produced in Canada during the last millennium.
Canada Post Corporation issued a 'Supreme Court of Canada, Ottawa' stamp on 9 June 2011 as part of the Architecture Art Déco series.
Two flagstaffs have been erected in front of the building. A flag on one is flown daily, while the other is hoisted only on those days when the court is in session. Also located on the grounds are several statues, notably:
*Prime Minister Louis St. Laurent by Elek Imredy
Elek Imredy (April 13, 1912 – October 12, 1994) was a Hungary, Hungarian sculptor who emigrated to Vancouver, British Columbia, Canada in 1957. His most notable work is ''Girl in a Wetsuit'', which is located in Stanley Park.
Early life
Imre ...
1976
*Two statues by Canadian sculptor Walter S. Allward:
**Statue of Veritas
Veritas is the name given to the Roman virtue of truthfulness, which was considered one of the main virtues any good Roman should possess. The Greek goddess of truth is Aletheia (Ancient Greek: ). The German philosopher Martin Heidegger argues ...
(Truth
Truth is the property of being in accord with fact or reality.Merriam-Webster's Online Dictionarytruth 2005 In everyday language, truth is typically ascribed to things that aim to represent reality or otherwise correspond to it, such as belie ...
)
**Statue of Justitia
Lady Justice ( la, Iustitia) is an allegorical personification of the moral force in judicial systems. Her attributes are scales, a sword and sometimes a blindfold. She often appears as a pair with Prudentia.
Lady Justice originates from the ...
(Justice
Justice, in its broadest sense, is the principle that people receive that which they deserve, with the interpretation of what then constitutes "deserving" being impacted upon by numerous fields, with many differing viewpoints and perspective ...
)
Inside there are busts of several chief justices:
* John Robert Cartwright 1967–1970
* Bora Laskin 1973–1983
*Brian Dickson
Robert George Brian Dickson (May 25, 1916 – October 17, 1998) was a Canadian lawyer, military officer and judge. He was appointed a puisne justice of the Supreme Court of Canada on March 26, 1973, and subsequently appointed the 15th Chief Ju ...
1984–1990
*Antonio Lamer
Joseph Antonio Charles Lamer (July 8, 1933 – November 24, 2007) was a Canadian lawyer, jurist and the 16th Chief Justice of Canada.
Career
Lamer practised in partnership at the firm of Cutler, Lamer, Bellemare and Associates and was a full ...
1990–2000
They were all sculpted by Kenneth Phillips Jarvis (1927–2007), Q.C., RCA, a retired Under Treasurer of the Law Society of Upper Canada
The Law Society of Ontario (LSO; french: Barreau de l'Ontario) is the law society responsible for the self-regulation of lawyers and paralegals in the Canadian province of Ontario. Founded in 1797 as the Law Society of Upper Canada (LSUC; frenc ...
.
Behind the building, along the cliff edge was once the home of hat maker R.J. Devlin at 41 Cliff Street, but demolished to make way for the court building.
The court was housed previously in two other locations in Ottawa:
* Railway Committee Room and a number of other committee rooms at the Centre Block
The Centre Block (french: Édifice du Centre) is the main building of the Canadian parliamentary complex on Parliament Hill, in Ottawa, Ontario, containing the House of Commons and Senate chambers, as well as the offices of a number of members ...
on Parliament Hill
Parliament Hill (french: Colline du Parlement, colloquially known as The Hill, is an area of Crown land on the southern banks of the Ottawa River in downtown Ottawa, Ontario, Canada. Its Gothic revival suite of buildings, and their archit ...
1876–1889 – later used as official meeting space for the federal Opposition Party Room was destroyed in fire and replaced with room built in 1916.
*Old Supreme Court
Old or OLD may refer to:
Places
*Old, Baranya, Hungary
*Old, Northamptonshire, England
* Old Street station, a railway and tube station in London (station code OLD)
*OLD, IATA code for Old Town Municipal Airport and Seaplane Base, Old Town, Ma ...
building on Bank Street 1889–1945 – demolished in 1955 and used as parking for Parliament Hill
See also
* Supreme Court of Canada cases
*List of supreme courts by country
List of supreme courts
States recognised by the United Nations
States recognised by at least one United Nations member
States not recognised by any United Nations members
'' Sui generis'' entities
International courts
There are a num ...
References
Further reading
*
*
*
External links
Supreme Court of Canada website
Supreme Court of Canada Library Catalogue
Opinions of the Supreme Court of Canada
searchable database of SCC decisions
(to 1948, with select older cases) via CanLII
The Canadian Legal Information Institute (CanLII; french: Institut canadien d'information juridique) is a non-profit organization created and funded by the Federation of Law Societies of Canada in 2001 on behalf of its 14 member societies. CanLI ...
Supreme Court of Canada from www.marianopolis.edu
Explore the Virtual Charter
€”Charter of Rights website with video, audio and the Charter in more than twenty languages
SCC building from official site
{{DEFAULTSORT:Supreme Court Of Canada
Art Deco architecture in Canada
Courthouses in Canada
Canadian appellate courts
Federal government buildings in Ottawa
Canada
Canada is a country in North America. Its ten provinces and three territories extend from the Atlantic Ocean to the Pacific Ocean and northward into the Arctic Ocean, covering over , making it the world's second-largest country by tot ...
Ernest Cormier buildings
Art Deco courthouses
1875 establishments in Canada
Buildings and structures completed in 1946
Courts and tribunals established in 1875