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.

The role of the Supreme Court in the Canadian court system

The Canadian court system may be seen as a pyramid, with a broad base formed by the various provincial and territorial courts whose judges are appointed by the provincial or territorial governments. At the next level are the provinces' and territories' superior courts whose judges are appointed by the federal government. Judgments from the superior courts may be appealed to the next level, the provincial or territorial courts of appeal. There are also federal courts: the Tax Court of Canada, the Federal Court, the Federal Court of Appeal and the Court Martial Appeal Court of Canada. Unlike the provincial superior courts, which exercise inherent or general jurisdiction, the federal courts' jurisdiction is limited by statute.

Related Topics:
Canadian court system - Federal Court - Federal Court of Appeal - Jurisdiction

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The Supreme Court of Canada hears appeals from the provincial courts of last resort, usually the provincial or territorial courts of appeal, and the Federal Court of Appeal. In most cases, permission to appeal must first be obtained from a panel of three judges of the court. By convention, this panel never explains why it gives leave to appeal or not. Cases for which leave to appeal is not required are primarily criminal cases and appeals from provincial references. A final source of cases is the referral power of the federal government. In such cases, the Supreme Court is required to give an opinion on questions referred to it by the Governor-in-Council (cabinet).

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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 referals may concern the constitutionality or interpretation of federal or provincial legislation, or the division of powers between federal and provincial levels of government. Any point of law may be referred in this manner. However, the court is not often called upon to hear references. When it is, the opinion on the question referred is often of national importance; one current example concerns Same-sex marriage.

Related Topics:
Division of powers - Same-sex marriage

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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.

Related Topics:
Crown corporation - Brief - Oral argument

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