Supreme Court of Canada

The Supreme Court of Canada is Canada's highest court and is located in the capital city of Ottawa. It is now the final court of appeal, the last judicial resort for all litigants, whether individual or governmental. Its jurisdiction embraces both the civil law of the province of Quebec and the common law of the other provinces and territories. When handling Quebec civil law cases the court is careful to have them reviewed by the three civil law judges that are always on the court.

History

The creation of the Court was authorized by the Constitution Act 1867 (formerly called the British North America Act 1867). The first bills for its creation, introduced in the Parliament of Canada in 1869 and in 1870, were withdrawn. On April 8, 1875, however, a new bill was finally passed. The statesmen most prominent in establishing the Supreme Court were Sir John A. Macdonald, Télesphore Fournier, Alexander Mackenzie, and Edward Blake.

Related Topics:
1867 - British North America Act - Parliament of Canada - April 8 - 1875 - John A. Macdonald - Télesphore Fournier - Alexander Mackenzie - Edward Blake

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In the early days the Supreme Court was not the court of last resort for cases: all cases could be appealed to the Judicial Committee of the Privy Council in London. As well, cases could bypass the Court and go directly to London from the provincial courts of appeal. As time went on, the Privy Council became increasingly unpopular. The British Judges tended to side with the provinces at the expense of the federal government. During the great depression the British judges ruled that a number of the Liberal government's welfare reform proposals were unconstitutional, despite public support for them in Canada. Most provincial governments began to demand the federal government press the UK for judicial independence.

Related Topics:
Court of last resort - Judicial Committee of the Privy Council - London - Great depression - Welfare

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The Supreme Court of Canada formally became the court of last resort for criminal appeals in 1933 and for all other appeals in 1949.

Related Topics:
1933 - 1949

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