The ''Supreme Court Act'' (the ''Act'') is an Act passed by the
Parliament of Canada
The Parliament of Canada (french: Parlement du Canada) is the federal legislature of Canada, seated at Parliament Hill in Ottawa, and is composed of three parts: the King, the Senate, and the House of Commons. By constitutional convention, the ...
which established the
Supreme Court of Canada
The Supreme Court of Canada (SCC; french: Cour suprême du Canada, CSC) is the Supreme court, highest court in the Court system of Canada, judicial system of Canada. It comprises List of Justices of the Supreme Court of Canada, nine justices, wh ...
. It was originally passed in 1875 as the ''Supreme and Exchequer Courts Act''. However, at the time, the Supreme Court was not the supreme authority on Canadian law, as Supreme Court cases could still be appealed 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 Augus ...
.
The ''Supreme Court Act'' is not a part of the
Constitution of Canada
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 a ...
but rather was merely within Parliament's ability to pass by virtue of section 101 of 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 originally enacted as the ''British North America Act, 186 ...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 ''Act'' also was not named as part of the Constitution during
patriation
Patriation is the political process that led to full Canadian sovereignty, culminating with the Constitution Act, 1982. The process was necessary because under the Statute of Westminster 1931, with Canada's agreement at the time, the Parliament o ...
in 1982, although the Court itself is mentioned in the
amending formula. As the Court is defined in a regular
statute
A statute is a formal written enactment of a legislative authority that governs the legal entities of a city, state, or country by way of consent. Typically, statutes command or prohibit something, or declare policy. Statutes are rules made by le ...
, it may be argued the Court could be abolished by an act of Parliament. However, in their decision in the
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 ...
, the Court ruled that certain sections of the ''Act'', like its composition, may only be amended using the formula for constitutional amendments, pursuant to s. 41(d) of 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 ...
''.
Section 53
Section 53 of the ''Act'' gives the government the ability to submit
reference question
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 concer ...
s. This has been controversial as the ''Constitution Act, 1867'' provides for a general court of appeal, but not for a court that may receive reference questions; however, this provision has been upheld as constitutional.
[998
Year 998 ( CMXCVIII) was a common year starting on Saturday (link will display the full calendar) of the Julian calendar.
Events
By place
Europe
* Spring – Otto III retakes Rome and restores power in the papal city. Crescenti ...]
2 S.C.R. 217">http://www.canlii.org/en/ca/scc/doc/1998/1998canlii793/1998canlii793.html
In ''
'', the Supreme Court examined the applicability of section 53. The Quebec government argued that the right to secede was an invalid basis for a reference question, but the Court disagreed.