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.

Sessions of the court

The court sits only in Ottawa, although litigants can present oral arguments from remote locations by means of a videoconference system. The court's 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. A panel of seven or nine justices hears most cases.

Related Topics:
Ottawa - Official - Languages

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On the bench, the Chief Justice of Canada, or, in her absence, the senior puisne justice, presides from the centre chair with the other justices seated to her right and left by order of seniority of appointment. At sittings of the Court, 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.

Related Topics:
Chief Justice of Canada - Puisne

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The decision of the court is sometimes rendered at the conclusion of the hearing. More often, judgement is reserved 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. Each justice may write reasons in any case if he or she chooses to do so.

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The Supreme Court has the ultimate power of judicial review over Canadian federal and provincial laws' constitutional validity. However, the federal Parliament or the provincial legislatures may make a particular law temporarily immune from review against certain sections of the Canadian Charter of Rights and Freedoms. This is done by including a reference in the law to the notwithstanding clause, also known as the "override power." In one case, the Quebec National Assembly invoked this power to override a Supreme Court decision (Ford v. Quebec (A.G.)) that held that one of Quebec's language laws banning the display of English commercial signs was inconsistent with the charter.

Related Topics:
Judicial review - Canadian Charter of Rights and Freedoms - Notwithstanding clause - Quebec National Assembly - Ford v. Quebec (A.G.)

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A puisne justice of the Supreme Court of Canada is referred to as " The Honourable Mr/Madam Justice" and the chief justice as "Right Honourable." Judges used to be called "My Lord/Lady" during sessions of the court, but this style of address has now been phased out in favor of the simpler "Your Honor" or "Justice."

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