The Supreme Court of Canada is the highest court in Canada. The Supreme Court is the final court of appeal for both individuals and governments in Canada.
Appeals to the Supreme Court of Canada
The Supreme Court of Canada hears appeals from both provincial and territory appeal courts and the Federal Court of Appeal.
Appeals to the Supreme Court of Canada come from three different sources.
- Leave to Appeal - a panel of three Supreme Court justices gives permission or leave to appeal - this is required for most cases heard by the Supreme Court. The panel decides if the case involves a question of public importance or if it raises an important issue of law, or a combination of law and fact.
- Right to Appeal - for some criminal cases and cases from provincial references leave to appeal is not required.
- References - questions referred by the federal cabinet
Justices of the Supreme Court of Canada
The Supreme Court of Canada has nine justices - the Chief Justice of Canada and eight puisne (lower ranking) justices. The justices are chosen by the governor in council, in effect the Prime Minister of Canada. Justices are chosen from superior court judges or from barristers with at least ten years standing at the Bar of a Canadian province or territory. Justices are appointed until they retire or reach the age of 75, however can be removed for cause before that time.
Justices are not allowed to hold other offices or be involved in business enterprises.
Sessions of the Supreme Court of Canada
About 80 appeals are heard by the Supreme Court of Canada each year.
Appeals can be heard by five justices of the Supreme Court, but most appeals are heard by seven or nine justices.
The Supreme Court holds three three-month sessions each year. Although the opening days can be changed, the sessions officially begin on
- the fourth Tuesday in January
- the fourth Tuesday in April
- the first Tuesday in October.
The Supreme Court of Canada sits Monday to Friday, in Ottawa, and is open to the public.
Decisions of the Supreme Court of Canada
Decisions of the Supreme Court of Canada do not need to be unanimous. An appeal may be decided by the majority of the justices, with the reasons for dissenting given by the minority.
