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Supreme Court of Canada

The Supreme Court of Canada (SCC; French: Cour suprême du Canada, CSC) is the highest court in the judicial system of Canada.[2] It comprises nine justices, whose decisions are the ultimate application of Canadian law, and grants permission to between 40 and 75 litigants each year to appeal decisions rendered by provincial, territorial and federal appellate courts. The Supreme Court is bijural, hearing cases from two major legal traditions (common law and civil law) and bilingual, hearing cases in both official languages of Canada (English and French).

Supreme Court of Canada
Cour suprême du Canada
The badge of the Supreme Court[1]
The flag of the Supreme Court (left)
and the Cormier Emblem (right)[1]
Established8 April 1875; 147 years ago (8 April 1875)
JurisdictionCanada
LocationOttawa, Ontario
Coordinates45°25′19″N 75°42′20″W / 45.42194°N 75.70556°W / 45.42194; -75.70556Coordinates: 45°25′19″N 75°42′20″W / 45.42194°N 75.70556°W / 45.42194; -75.70556
Composition methodJudicial appointments in Canada
Authorized byConstitution Act, 1867 and Supreme Court Act, 1875
Judge term lengthMandatory retirement at age 75
Number of positions9
Websitewww.scc-csc.ca
Chief Justice of Canada
CurrentlyRichard Wagner
Since18 December 2017
Lead position ends2 April 2032

The effects of any judicial decision on the common law, 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, 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, which cannot be altered by the legislative branch unless the decision is overridden pursuant to section 33 (the "notwithstanding clause").

History

The creation of the Supreme Court of Canada was provided for by the British North America Act, 1867, renamed in 1982 the Constitution Act, 1867. 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bills for the creation of a federal supreme court, introduced in the Parliament of Canada in 1869 and in 1870, were withdrawn.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.[3][citation needed]

 
Courtroom inside the Second Supreme Court of Canada building in April 1890.

However, prior to 1949, the Supreme Court did not constitute the court of last resort: litigants could appeal to the Judicial Committee of the Privy Council 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.[citation needed]

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.[citation needed]

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 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.[citation needed]

The Constitution Act, 1982, 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 (1984–90) through to that of Antonio Lamer (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.[citation needed]

Lamer was succeeded as the chief justice by Beverley McLachlin in January 2000. She was the first woman to hold that position.[4] 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 and Rosalie Abella, the court became the world's most gender-balanced national high court with four of its nine members being female.[5][6] Justice Marie Deschamps' retirement on 7 August 2012 caused the number to fall to three;[7] however, the appointment of Suzanne Côté on 1 December 2014 restored the number to four. After serving on the court for 28 years, 259 days (17 years, 341 days 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 Supreme Court of Canada is among the most frequently cited courts in the world.[8]: 21, 27–28 

Canadian judiciary

The structure of the Canadian court system 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, and the Court Martial Appeal Court. Unlike the provincial superior courts, which exercise inherent or general jurisdiction, 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 bans 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 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 cases.

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 marriages 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 and Steven Truscott.

The Supreme Court has the ultimate power of judicial review 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. 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 and attend oral argument 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.[citation needed]

 
Courtroom seats used by the justices of the Supreme Court of Canada

On the bench, the chief justice of Canada or, in his or her absence, the senior puisne 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.[citation needed]

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.[9][10][11] 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.[12] In very rare cases, the court may not call on counsel for the appellant and instead calls directly on counsel for the respondent.[13] 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 Mr/Madam Justice and the chief justice as Right Honourable. 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".[14] 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 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.[15] The chief justice receives $370,300 while the puisne justices receive $342,800 annually.[16]

Appointment of justices

Justices of the Supreme Court of Canada are appointed on the advice of the prime minister.[17]

The Supreme Court Act 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.[18] This is justified on the basis that Quebec uses civil law, rather than common law, as in the rest of the country. As explained in the reasons in Reference Re Supreme Court Act, ss. 5 and 6, 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[clarification needed] from Nova Scotia or New Brunswick.[citation needed] Parliament and the provincial governments have no constitutional role in such appointments, sometimes a point of contention.[citation needed]

In 2006, an interview phase by an ad hoc committee of members of Parliament was added. Justice Marshall Rothstein 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.[citation needed]

As of August 2016, Prime Minister Justin Trudeau opened the process of application to change from the above-noted appointment process. Under the revised process, "[any] Canadian 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."[19][20] Functional bilingualism is now a requirement.[21][22][23]

Justices were originally allowed to remain on the bench for life, but in 1927 a mandatory retirement 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.[24][25]

Current members

 
Richard Wagner, the current chief justice (since 2017)

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.[26] The nine justices of the Wagner Court are:

Justice Nominated by Date appointed Retirement date Law school Prior judicial office
OP Name
(Province)
Birthdate Birthplace
1st Richard Wagner[26]
(Quebec)
2 April 1957
(age 66)
Canada (Quebec) Harper
J. Trudeau[A]
5 October 2012
18 December 2017[A]
2 April 2032 Faculté de droit, Université d'Ottawa (LLL) Quebec Court of Appeal
Superior Court of Quebec
2nd Andromache Karakatsanis[27]
(Ontario)
3 October 1955
(age 67)
Canada (Ontario) Harper 21 October 2011 3 October 2030 Osgoode Hall Law School (LLB) Court of Appeal for Ontario
Ontario Superior Court of Justice
3rd Suzanne Côté[28]
(Quebec)
21 September 1958
(age 64)
Canada (Quebec) Harper 1 December 2014 21 September 2033 Université Laval (LLB) Partner at Osler, Hoskin & Harcourt
4th Russell Brown[29]
(Alberta)
15 September 1965
(age 57)
Canada (British Columbia) Harper 31 August 2015 15 September 2040 University of Victoria (LLB)
University of Toronto (LLM, SJD)
Court of Appeal of Alberta
Court of Queen's Bench of Alberta
5th Malcolm Rowe[30]
(Newfoundland and Labrador)
1953
1953 (age 69–70)
Canada (Newfoundland and Labrador) J. Trudeau 28 October 2016 2028 Osgoode Hall Law School (LLB) Court of Appeal of Newfoundland and Labrador
Supreme Court of Newfoundland and Labrador
6th Sheilah Martin[31]
(Alberta)
31 May 1956
(age 66)
Canada (Quebec) J. Trudeau 18 December 2017 31 May 2031 McGill University (LLB), BCL)
University of Alberta (LLM)
University of Toronto (SJD)
Court of Appeal of Alberta, Northwest Territories, Nunavut
Court of Queen's Bench of Alberta
7th Nicholas Kasirer[32]
(Quebec)
20 February 1960
(age 63)
Canada (Quebec) J. Trudeau 16 September 2019 20 February 2035 McGill University (LLB, BCL)
University of Paris 1 Pantheon-Sorbonne (DEA)
Quebec Court of Appeal
8th Mahmud Jamal[33]
(Ontario)
1967
(age 56)
Kenya (Nairobi) J. Trudeau 1 July 2021 2042 McGill University (LLB, BCL)
Yale University (LLM)
Court of Appeal for Ontario
Partner at Osler, Hoskin & Harcourt
9th Michelle O'Bonsawin[34]
(Ontario)
1973/1974
(age 50/49)
Canada (Ontario) J. Trudeau 1 September 2022 2048/2049 University of Ottawa (LLB, PhD)
Osgoode Hall Law School (LLM)
Ontario Superior Court of Justice
  1. ^ a b As chief justice

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 7 April 2023.

Michelle O'BonsawinMahmud JamalNicholas KasirerSheilah MartinMalcolm RoweRussell Brown (judge)Suzanne CôtéRichard Wagner (judge)Andromache Karakatsanis

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 10 years, 184 days—5 years, 74 days as puisne justice, and 5 years, 110 days as chief justice. Michelle O'Bonsawin has the briefest tenure, having been appointed 218 days ago. The length of tenure for the other justices are: Suzanne Côté, 8 years, 127 days; Russell Brown, 7 years, 219 days; Malcom Rowe, 6 years, 161 days; Sheilah Martin, 5 years, 110 days; Nicholas Kasirer, 3 years, 203 days; and Mahmud Jamal, 1 year, 280 days.

Rules of the court

The Rules of the Supreme Court of Canada are located on the laws-lois.justice.gc.ca website, as well as in the Canada Gazette, 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.[35] Currently, each justice has up to four law clerks.[36]

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.[37] 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.[37]

Building

 
Exterior of the Supreme Court of Canada building.

The Supreme Court of Canada Building (French: L’édifice de la Cour suprême du Canada), located just west of Parliament Hill at 301 Wellington Street on a bluff high above the Ottawa River in downtown Ottawa, is home to the Supreme Court of Canada.[38] It also contains two courtrooms used by the Federal Court and the Federal Court of Appeal.

The building was designed by Ernest Cormier. The building is known for its Art Deco decorative details,[39] including two candelabrum-style fluted metal lamp standards that flank the entrance, and the marble walls and floors of the grand interior lobby[40] contrasting with the châteauesque roof. Construction began in 1939, with the cornerstone laid by Queen Elizabeth, consort to King George VI 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 as one of the top 500 buildings produced in Canada during the last millennium.[41]

Canada Post Corporation issued a 'Supreme Court of Canada, Ottawa' stamp on 9 June 2011 as part of the Architecture Art Déco series.[40]

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:

 
Statue of Justitia
 
Statue of Veritas
Two statues sculpted by Walter Allward are located on the grounds of the Supreme Court building.

Inside there are busts of several chief justices:

They were all sculpted by Kenneth Phillips Jarvis (1927–2007), Q.C., RCA, a retired Under Treasurer of the Law Society of Upper Canada.[42]

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 on Parliament Hill 1876–1889 – later used as official meeting space for the federal Opposition Party[43] Room was destroyed in fire and replaced with room built in 1916.
  • Old Supreme Court building on Bank Street 1889–1945 – demolished in 1955 and used as parking for Parliament Hill

See also

References

  1. ^ a b "Description of Heraldic Emblems". Supreme Court of Canada. 15 March 2021. from the original on 9 July 2021. Retrieved 9 July 2021.
  2. ^ "Role of the Court". Supreme Court of Canada. 23 May 2014. from the original on 5 August 2014. Retrieved 27 May 2014.
  3. ^ Hulmes, F. (1986). "The Supreme Court of Canada: History of the Institution". Canadian Journal of Political Science. 19 (2). JSTOR 3227510. from the original on 1 July 2021. Retrieved 27 June 2021 – via JSTOR.
  4. ^ "The Right Honourable Beverley McLachlin, P.C., C.C." Ottawa, Ontario: Supreme Court of Canada. January 2001. from the original on 22 July 2018. Retrieved 18 November 2018.
  5. ^ "New judges fill gaps in spectrum". The Globe and Mail. 5 October 2004. from the original on 29 June 2016. Retrieved 6 May 2016.
  6. ^ " "Two women named to Canada's supreme court". UPI. 4 October 2004. Retrieved 6 May 2016.
  7. ^ "Supreme Court loses third veteran judge in a year with Justice Marie Deschamps' departure". Toronto Star. 18 May 2012. from the original on 23 June 2012. Retrieved 27 May 2014.
  8. ^ Hirschl, Ran (August 2014), "The View from the Bench: Where the Comparative Judicial Imagination Travels", Comparative Matters: The Renaissance of Comparative Constitutional Law, Oxford: Oxford University Press, pp. 20–76, doi:10.1093/acprof:oso/9780198714514.003.0002, ISBN 978-0-19-871451-4, retrieved 6 September 2022, Accordingly, the Supreme Court of Canada, the German Federal Constitutional Court, and the European Court of Human Rights have emerged as three of the most frequently cited courts in the world.
  9. ^ R. v. Beare; R. v. Higgins 18 January 2012 at the Wayback Machine, [1988] 2 S.C.R. 387, para. 19.
  10. ^ Consortium Developments (Clearwater) Ltd. v. Sarnia (City) 18 January 2012 at the Wayback Machine, [1998] 3 S.C.R. 3, para. 1.
  11. ^ Rothmans, Benson & Hedges Inc. v. Saskatchewan 18 January 2012 at the Wayback Machine, 2005 SCC 13, [2005] 1 S.C.R. 188, para. 1.
  12. ^ Whitbread v. Walley 18 January 2012 at the Wayback Machine, [1990] 3 S.C.R. 1273, para. 2.
  13. ^ Rothmans, Benson & Hedges Inc. v. Saskatchewan 18 January 2012 at the Wayback Machine, 2005 SCC 13, [2005] 1 S.C.R. 188.
  14. ^ Canada, Supreme Court of (1 January 2001). "Supreme Court of Canada - Frequently Asked Questions (FAQ)". www.scc-csc.ca. from the original on 31 January 2020. Retrieved 6 February 2020.
  15. ^ Provincial Court Judges’ Assn. of New Brunswick v. New Brunswick (Minister of Justice); Ontario Judges’ Assn. v. Ontario (Management Board); Bodner v. Alberta; Conférence des juges du Québec v. Quebec (Attorney General); Minc v. Quebec (Attorney General) 19 January 2012 at the Wayback Machine, [2005] 2 S.C.R. 286, 2005 SCC 44, para. 21.
  16. ^ "Judges Act". Minister and Attorney General of Canada. 9 June 2014. from the original on 26 June 2014. Retrieved 23 June 2014.
  17. ^ Amelio, Julia (6 June 2019). "Supreme Court Appointment Process and the Prime Minister of the Day - Centre for Constitutional Studies". https://www.constitutionalstudies.ca/. Retrieved 7 April 2023. {{cite web}}: External link in |website= (help)
  18. ^ Supreme Court Act 30 January 2006 at the Wayback Machine, s. 6.
  19. ^ Justin Trudeau (2 August 2016). "Why Canada has a new way to choose Supreme Court judges". The Globe and Mail. from the original on 18 May 2017. Retrieved 24 April 2017.
  20. ^ "New process for judicial appointments to the Supreme Court of Canada" (Press release). Government of Canada. 2 August 2016. from the original on 13 July 2017. Retrieved 14 July 2017.
  21. ^ "Prime Minister announces advisory board to select the next Supreme Court justice". Prime Minister of Canada. 15 May 2019. from the original on 22 October 2019. Retrieved 22 October 2019.
  22. ^ "The Hill: The wrangle over bilingualism". www.lawtimesnews.com. from the original on 22 October 2019. Retrieved 22 October 2019.
  23. ^ "Applicants for SCC vacancy must be bilingual Westerners or Northerners". www.canadianlawyermag.com. from the original on 22 October 2019. Retrieved 22 October 2019.
  24. ^ An Act to amend the Supreme Court Act, S.C. 1927, c. 38, s. 2.
  25. ^ Supreme Court Act, R.S.C. 1985, c. S-26, s. 9.
  26. ^ a b "The Right Honourable Richard Wagner, P.C., Chief Justice of Canada". Ottawa, Ontario: Supreme Court of Canada. January 2001. from the original on 16 November 2018. Retrieved 13 November 2018.
  27. ^ "The Honourable Andromache Karakatsanis". Ottawa, Ontario: Supreme Court of Canada. January 2001. from the original on 24 November 2018. Retrieved 13 November 2018.
  28. ^ "The Honourable Suzanne Côté". Ottawa, Ontario: Supreme Court of Canada. January 2001. from the original on 5 November 2018. Retrieved 13 November 2018.
  29. ^ "The Honourable Russell Brown". Ottawa, Ontario: Supreme Court of Canada. January 2001. from the original on 16 November 2018. Retrieved 13 November 2018.
  30. ^ "The Honourable Malcolm Rowe". Ottawa, Ontario: Supreme Court of Canada. January 2001. from the original on 24 November 2018. Retrieved 13 November 2018.
  31. ^ "The Honourable Sheilah L. Martin". Ottawa, Ontario: Supreme Court of Canada. January 2001. from the original on 1 July 2019. Retrieved 13 November 2018.
  32. ^ "The Honourable Nicholas Kasirer". Ottawa, Ontario: Supreme Court of Canada. January 2001. from the original on 24 April 2020. Retrieved 16 September 2019.
  33. ^ "The Honourable Mahmud Jamal". Ottawa, Ontario: Supreme Court of Canada. January 2001. from the original on 1 July 2021. Retrieved 16 September 2019.
  34. ^ "The Honourable Michelle O'Bonsawin". Ottawa, Ontario: Supreme Court of Canada. January 2001. from the original on 1 September 2022. Retrieved 16 September 2019.
  35. ^ The Supreme Court of Canada / La Cour Suprême du Canada. Ottawa: Supreme Court of Canada. 2005. p. 7.
  36. ^ "Law Clerk Program". Ottawa, Ontario: Supreme Court of Canada. January 2001. from the original on 22 April 2019. Retrieved 12 May 2019.
  37. ^ a b "Clerking at the Supreme Court of Canada | Loran Scholars Foundation - Fondation Boursiers Loran". from the original on 9 July 2021. Retrieved 1 July 2021.
  38. ^ "SCC Building". Ottawa, Ontario: Supreme Court of Canada. January 2001. from the original on 3 June 2022. Retrieved 18 November 2018.
  39. ^ "1940 – Supreme Court of Canada, Ottawa, Ontario". archiseek.com. 10 December 2009. from the original on 29 July 2014. Retrieved 27 May 2014.
  40. ^ a b "Supreme Court of Canada, Ottawa" (Press release). Canada Post. 9 June 2011. Retrieved 27 May 2014.
  41. ^ Cook, Marcia (11 May 2000). . Ottawa Citizen. Canwest. Archived from the original on 30 May 2010. Retrieved 11 October 2009.
  42. ^ (PDF). Archived from the original (PDF) on 20 March 2014. Retrieved 26 February 2015.
  43. ^ Kathryn Blaze Carlson (11 May 2011). "Liberals take their leave of the Railway Room". National Post.

Further reading

  • McCormick, Peter (2000), Supreme at last: the evolution of the Supreme Court of Canada, J. Lorimer, ISBN 1-55028-693-5, from the original on 15 August 2021, retrieved 21 November 2020
  • Ostberg, Cynthia L (2007), Attitudinal decision making in the Supreme Court of Canada, UBC Press, ISBN 978-0-7748-1312-9, from the original on 16 August 2021, retrieved 21 November 2020
  • Songer, Donald R (2008), The transformation of the Supreme Court of Canada: an empirical examination, University of Toronto Press, ISBN 978-0-8020-9689-0, from the original on 14 August 2021, retrieved 21 November 2020

External links

  • Supreme Court of Canada website
  • Opinions of the Supreme Court of Canada
  • searchable database of SCC decisions (to 1948, with select older cases) via CanLII
  • Explore the Virtual Charter—Charter of Rights website with video, audio and the Charter in more than twenty languages
  • The appointment process and reform
  • SCC Building 31 March 2008 at the Wayback Machine

supreme, court, canada, this, article, needs, additional, citations, verification, please, help, improve, this, article, adding, citations, reliable, sources, unsourced, material, challenged, removed, find, sources, news, newspapers, books, scholar, jstor, 202. This article needs additional citations for verification Please help improve this article by adding citations to reliable sources Unsourced material may be challenged and removed Find sources Supreme Court of Canada news newspapers books scholar JSTOR May 2021 Learn how and when to remove this template message The Supreme Court of Canada SCC French Cour supreme du Canada CSC is the highest court in the judicial system of Canada 2 It comprises nine justices whose decisions are the ultimate application of Canadian law and grants permission to between 40 and 75 litigants each year to appeal decisions rendered by provincial territorial and federal appellate courts The Supreme Court is bijural hearing cases from two major legal traditions common law and civil law and bilingual hearing cases in both official languages of Canada English and French Supreme Court of CanadaCour supreme du CanadaThe badge of the Supreme Court 1 The flag of the Supreme Court left and the Cormier Emblem right 1 Established8 April 1875 147 years ago 8 April 1875 JurisdictionCanadaLocationOttawa OntarioCoordinates45 25 19 N 75 42 20 W 45 42194 N 75 70556 W 45 42194 75 70556 Coordinates 45 25 19 N 75 42 20 W 45 42194 N 75 70556 W 45 42194 75 70556Composition methodJudicial appointments in CanadaAuthorized byConstitution Act 1867 and Supreme Court Act 1875Judge term lengthMandatory retirement at age 75Number of positions9Websitewww wbr scc csc wbr caChief Justice of CanadaCurrentlyRichard WagnerSince18 December 2017Lead position ends2 April 2032The effects of any judicial decision on the common law 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 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 which cannot be altered by the legislative branch unless the decision is overridden pursuant to section 33 the notwithstanding clause Contents 1 History 2 Canadian judiciary 2 1 Appellate process 2 2 Constitutional interpretation 3 Sessions 4 Appointment of justices 5 Current members 5 1 Length of tenure 6 Rules of the court 7 Law clerks 8 Building 9 See also 10 References 11 Further reading 12 External linksHistory EditMain article History of the Supreme Court of Canada The creation of the Supreme Court of Canada was provided for by the British North America Act 1867 renamed in 1982 the Constitution Act 1867 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 3 citation needed Courtroom inside the Second Supreme Court of Canada building in April 1890 However prior to 1949 the Supreme Court did not constitute the court of last resort litigants could appeal to the Judicial Committee of the Privy Council 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 citation needed 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 citation needed 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 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 citation needed The Constitution Act 1982 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 1984 90 through to that of Antonio Lamer 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 citation needed Lamer was succeeded as the chief justice by Beverley McLachlin in January 2000 She was the first woman to hold that position 4 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 and Rosalie Abella the court became the world s most gender balanced national high court with four of its nine members being female 5 6 Justice Marie Deschamps retirement on 7 August 2012 caused the number to fall to three 7 however the appointment of Suzanne Cote on 1 December 2014 restored the number to four After serving on the court for 28 years 259 days 17 years 341 days 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 Supreme Court of Canada is among the most frequently cited courts in the world 8 21 27 28 Canadian judiciary EditThis section does not cite any sources Please help improve this section by adding citations to reliable sources Unsourced material may be challenged and removed May 2021 Learn how and when to remove this template message The structure of the Canadian court system 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 and the Court Martial Appeal Court Unlike the provincial superior courts which exercise inherent or general jurisdiction 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 Edit 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 bans 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 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 cases 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 marriages 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 Edit 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 and Steven Truscott The Supreme Court has the ultimate power of judicial review 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 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 and attend oral argument 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 EditMain article Procedures of the Supreme Court of Canada 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 citation needed Courtroom seats used by the justices of the Supreme Court of Canada On the bench the chief justice of Canada or in his or her absence the senior puisne 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 citation needed 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 9 10 11 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 12 In very rare cases the court may not call on counsel for the appellant and instead calls directly on counsel for the respondent 13 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 Mr Madam Justice and the chief justice as Right Honourable 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 14 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 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 15 The chief justice receives 370 300 while the puisne justices receive 342 800 annually 16 Appointment of justices EditMain article Judicial appointments in Canada Justices of the Supreme Court of Canada are appointed on the advice of the prime minister 17 The Supreme Court Act 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 18 This is justified on the basis that Quebec uses civil law rather than common law as in the rest of the country As explained in the reasons in Reference Re Supreme Court Act ss 5 and 6 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 clarification needed from Nova Scotia or New Brunswick citation needed Parliament and the provincial governments have no constitutional role in such appointments sometimes a point of contention citation needed In 2006 an interview phase by an ad hoc committee of members of Parliament was added Justice Marshall Rothstein 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 citation needed As of August 2016 Prime Minister Justin Trudeau opened the process of application to change from the above noted appointment process Under the revised process any Canadian 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 19 20 Functional bilingualism is now a requirement 21 22 23 Justices were originally allowed to remain on the bench for life but in 1927 a mandatory retirement 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 24 25 Current members EditFurther information List of justices of the Supreme Court of Canada Richard Wagner the current chief justice since 2017 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 26 The nine justices of the Wagner Court are Justice Nominated by Date appointed Retirement date Law school Prior judicial officeOP Name Province Birthdate Birthplace1st Richard Wagner 26 Quebec 2 April 1957 age 66 Canada Quebec HarperJ Trudeau A 5 October 2012 18 December 2017 A 2 April 2032 Faculte de droit Universite d Ottawa LLL Quebec Court of AppealSuperior Court of Quebec2nd Andromache Karakatsanis 27 Ontario 3 October 1955 age 67 Canada Ontario Harper 21 October 2011 3 October 2030 Osgoode Hall Law School LLB Court of Appeal for OntarioOntario Superior Court of Justice3rd Suzanne Cote 28 Quebec 21 September 1958 age 64 Canada Quebec Harper 1 December 2014 21 September 2033 Universite Laval LLB Partner at Osler Hoskin amp Harcourt4th Russell Brown 29 Alberta 15 September 1965 age 57 Canada British Columbia Harper 31 August 2015 15 September 2040 University of Victoria LLB University of Toronto LLM SJD Court of Appeal of AlbertaCourt of Queen s Bench of Alberta5th Malcolm Rowe 30 Newfoundland and Labrador 1953 1953 age 69 70 Canada Newfoundland and Labrador J Trudeau 28 October 2016 2028 Osgoode Hall Law School LLB Court of Appeal of Newfoundland and LabradorSupreme Court of Newfoundland and Labrador6th Sheilah Martin 31 Alberta 31 May 1956 age 66 Canada Quebec J Trudeau 18 December 2017 31 May 2031 McGill University LLB BCL University of Alberta LLM University of Toronto SJD Court of Appeal of Alberta Northwest Territories NunavutCourt of Queen s Bench of Alberta7th Nicholas Kasirer 32 Quebec 20 February 1960 age 63 Canada Quebec J Trudeau 16 September 2019 20 February 2035 McGill University LLB BCL University of Paris 1 Pantheon Sorbonne DEA Quebec Court of Appeal8th Mahmud Jamal 33 Ontario 1967 age 56 Kenya Nairobi J Trudeau 1 July 2021 2042 McGill University LLB BCL Yale University LLM Court of Appeal for OntarioPartner at Osler Hoskin amp Harcourt9th Michelle O Bonsawin 34 Ontario 1973 1974 age 50 49 Canada Ontario J Trudeau 1 September 2022 2048 2049 University of Ottawa LLB PhD Osgoode Hall Law School LLM Ontario Superior Court of Justice a b As chief justice Length of tenure Edit 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 7 April 2023 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 10 years 184 days 5 years 74 days as puisne justice and 5 years 110 days as chief justice Michelle O Bonsawin has the briefest tenure having been appointed 218 days ago The length of tenure for the other justices are Suzanne Cote 8 years 127 days Russell Brown 7 years 219 days Malcom Rowe 6 years 161 days Sheilah Martin 5 years 110 days Nicholas Kasirer 3 years 203 days and Mahmud Jamal 1 year 280 days Rules of the court EditThe Rules of the Supreme Court of Canada are located on the laws lois justice gc ca website as well as in the Canada Gazette 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 EditSince 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 35 Currently each justice has up to four law clerks 36 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 37 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 37 Building Edit Exterior of the Supreme Court of Canada building The Supreme Court of Canada Building French L edifice de la Cour supreme du Canada located just west of Parliament Hill at 301 Wellington Street on a bluff high above the Ottawa River in downtown Ottawa is home to the Supreme Court of Canada 38 It also contains two courtrooms used by the Federal Court and the Federal Court of Appeal The building was designed by Ernest Cormier The building is known for its Art Deco decorative details 39 including two candelabrum style fluted metal lamp standards that flank the entrance and the marble walls and floors of the grand interior lobby 40 contrasting with the chateauesque roof Construction began in 1939 with the cornerstone laid by Queen Elizabeth consort to King George VI 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 as one of the top 500 buildings produced in Canada during the last millennium 41 Canada Post Corporation issued a Supreme Court of Canada Ottawa stamp on 9 June 2011 as part of the Architecture Art Deco series 40 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 Statue of Justitia Statue of VeritasTwo statues sculpted by Walter Allward are located on the grounds of the Supreme Court building Prime Minister Louis St Laurent by Elek Imredy 1976 Two statues by Canadian sculptor Walter S Allward Statue of Veritas Truth Statue of Justitia Justice Inside there are busts of several chief justices John Robert Cartwright 1967 1970 Bora Laskin 1973 1983 Brian Dickson 1984 1990 Antonio Lamer 1990 2000They were all sculpted by Kenneth Phillips Jarvis 1927 2007 Q C RCA a retired Under Treasurer of the Law Society of Upper Canada 42 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 on Parliament Hill 1876 1889 later used as official meeting space for the federal Opposition Party 43 Room was destroyed in fire and replaced with room built in 1916 Old Supreme Court building on Bank Street 1889 1945 demolished in 1955 and used as parking for Parliament HillSee also Edit Canada portal Law portalSupreme Court of Canada cases List of supreme courts by countryReferences Edit a b Description of Heraldic Emblems Supreme Court of Canada 15 March 2021 Archived from the original on 9 July 2021 Retrieved 9 July 2021 Role of the Court Supreme Court of Canada 23 May 2014 Archived from the original on 5 August 2014 Retrieved 27 May 2014 Hulmes F 1986 The Supreme Court of Canada History of the Institution Canadian Journal of Political Science 19 2 JSTOR 3227510 Archived from the original on 1 July 2021 Retrieved 27 June 2021 via JSTOR The Right Honourable Beverley McLachlin P C C C Ottawa Ontario Supreme Court of Canada January 2001 Archived from the original on 22 July 2018 Retrieved 18 November 2018 New judges fill gaps in spectrum The Globe and Mail 5 October 2004 Archived from the original on 29 June 2016 Retrieved 6 May 2016 Two women named to Canada s supreme court UPI 4 October 2004 Retrieved 6 May 2016 Supreme Court loses third veteran judge in a year with Justice Marie Deschamps departure Toronto Star 18 May 2012 Archived from the original on 23 June 2012 Retrieved 27 May 2014 Hirschl Ran August 2014 The View from the Bench Where the Comparative Judicial Imagination Travels Comparative Matters The Renaissance of Comparative Constitutional Law Oxford Oxford University Press pp 20 76 doi 10 1093 acprof oso 9780198714514 003 0002 ISBN 978 0 19 871451 4 retrieved 6 September 2022 Accordingly the Supreme Court of Canada the German Federal Constitutional Court and the European Court of Human Rights have emerged as three of the most frequently cited courts in the world R v Beare R v Higgins Archived 18 January 2012 at the Wayback Machine 1988 2 S C R 387 para 19 Consortium Developments Clearwater Ltd v Sarnia City Archived 18 January 2012 at the Wayback Machine 1998 3 S C R 3 para 1 Rothmans Benson amp Hedges Inc v Saskatchewan Archived 18 January 2012 at the Wayback Machine 2005 SCC 13 2005 1 S C R 188 para 1 Whitbread v Walley Archived 18 January 2012 at the Wayback Machine 1990 3 S C R 1273 para 2 Rothmans Benson amp Hedges Inc v Saskatchewan Archived 18 January 2012 at the Wayback Machine 2005 SCC 13 2005 1 S C R 188 Canada Supreme Court of 1 January 2001 Supreme Court of Canada Frequently Asked Questions FAQ www scc csc ca Archived from the original on 31 January 2020 Retrieved 6 February 2020 Provincial Court Judges Assn of New Brunswick v New Brunswick Minister of Justice Ontario Judges Assn v Ontario Management Board Bodner v Alberta Conference des juges du Quebec v Quebec Attorney General Minc v Quebec Attorney General Archived 19 January 2012 at the Wayback Machine 2005 2 S C R 286 2005 SCC 44 para 21 Judges Act Minister and Attorney General of Canada 9 June 2014 Archived from the original on 26 June 2014 Retrieved 23 June 2014 Amelio Julia 6 June 2019 Supreme Court Appointment Process and the Prime Minister of the Day Centre for Constitutional Studies https www constitutionalstudies ca Retrieved 7 April 2023 a href Template Cite web html title Template Cite web cite web a External link in code class cs1 code website code help Supreme Court Act Archived 30 January 2006 at the Wayback Machine s 6 Justin Trudeau 2 August 2016 Why Canada has a new way to choose Supreme Court judges The Globe and Mail Archived from the original on 18 May 2017 Retrieved 24 April 2017 New process for judicial appointments to the Supreme Court of Canada Press release Government of Canada 2 August 2016 Archived from the original on 13 July 2017 Retrieved 14 July 2017 Prime Minister announces advisory board to select the next Supreme Court justice Prime Minister of Canada 15 May 2019 Archived from the original on 22 October 2019 Retrieved 22 October 2019 The Hill The wrangle over bilingualism www lawtimesnews com Archived from the original on 22 October 2019 Retrieved 22 October 2019 Applicants for SCC vacancy must be bilingual Westerners or Northerners www canadianlawyermag com Archived from the original on 22 October 2019 Retrieved 22 October 2019 An Act to amend the Supreme Court Act S C 1927 c 38 s 2 Supreme Court Act R S C 1985 c S 26 s 9 a b The Right Honourable Richard Wagner P C Chief Justice of Canada Ottawa Ontario Supreme Court of Canada January 2001 Archived from the original on 16 November 2018 Retrieved 13 November 2018 The Honourable Andromache Karakatsanis Ottawa Ontario Supreme Court of Canada January 2001 Archived from the original on 24 November 2018 Retrieved 13 November 2018 The Honourable Suzanne Cote Ottawa Ontario Supreme Court of Canada January 2001 Archived from the original on 5 November 2018 Retrieved 13 November 2018 The Honourable Russell Brown Ottawa Ontario Supreme Court of Canada January 2001 Archived from the original on 16 November 2018 Retrieved 13 November 2018 The Honourable Malcolm Rowe Ottawa Ontario Supreme Court of Canada January 2001 Archived from the original on 24 November 2018 Retrieved 13 November 2018 The Honourable Sheilah L Martin Ottawa Ontario Supreme Court of Canada January 2001 Archived from the original on 1 July 2019 Retrieved 13 November 2018 The Honourable Nicholas Kasirer Ottawa Ontario Supreme Court of Canada January 2001 Archived from the original on 24 April 2020 Retrieved 16 September 2019 The Honourable Mahmud Jamal Ottawa Ontario Supreme Court of Canada January 2001 Archived from the original on 1 July 2021 Retrieved 16 September 2019 The Honourable Michelle O Bonsawin Ottawa Ontario Supreme Court of Canada January 2001 Archived from the original on 1 September 2022 Retrieved 16 September 2019 The Supreme Court of Canada La Cour Supreme du Canada Ottawa Supreme Court of Canada 2005 p 7 Law Clerk Program Ottawa Ontario Supreme Court of Canada January 2001 Archived from the original on 22 April 2019 Retrieved 12 May 2019 a b Clerking at the Supreme Court of Canada Loran Scholars Foundation Fondation Boursiers Loran Archived from the original on 9 July 2021 Retrieved 1 July 2021 SCC Building Ottawa Ontario Supreme Court of Canada January 2001 Archived from the original on 3 June 2022 Retrieved 18 November 2018 1940 Supreme Court of Canada Ottawa Ontario archiseek com 10 December 2009 Archived from the original on 29 July 2014 Retrieved 27 May 2014 a b Supreme Court of Canada Ottawa Press release Canada Post 9 June 2011 Retrieved 27 May 2014 Cook Marcia 11 May 2000 Cultural consequence Ottawa Citizen Canwest Archived from the original on 30 May 2010 Retrieved 11 October 2009 In Memoriam Kenneth Jarvis 1927 2007 PDF Archived from the original PDF on 20 March 2014 Retrieved 26 February 2015 Kathryn Blaze Carlson 11 May 2011 Liberals take their leave of the Railway Room National Post Further reading EditMcCormick Peter 2000 Supreme at last the evolution of the Supreme Court of Canada J Lorimer ISBN 1 55028 693 5 archived from the original on 15 August 2021 retrieved 21 November 2020 Ostberg Cynthia L 2007 Attitudinal decision making in the Supreme Court of Canada UBC Press ISBN 978 0 7748 1312 9 archived from the original on 16 August 2021 retrieved 21 November 2020 Songer Donald R 2008 The transformation of the Supreme Court of Canada an empirical examination University of Toronto Press ISBN 978 0 8020 9689 0 archived from the original on 14 August 2021 retrieved 21 November 2020External links Edit Wikimedia Commons has media related to Supreme Court of Canada 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 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 The appointment process and reform SCC building from official site SCC Building Archived 31 March 2008 at the Wayback Machine Retrieved from https en wikipedia org w index php title Supreme Court of Canada amp oldid 1148721211, wikipedia, wiki, book, books, 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