The Canadian Supreme Court: A Closer LookThe Canadian Supreme Court is charged with advancing justice by hearing and deciding legal matters that are deemed fundamentally important to Canadian citizens. As Canada's final court of appeal, the Court upholds the rule of law, is committed to rendering independent and impartial rulings, and is dedicated to ensuring that all Canadians have access to the justice system. The Canadian Supreme Court was created in 1875, with six justices, including one chief justice and five associate justices. This number increased to seven justices in 1927. The rulings the court handed down were not the definitive legal interpretation of the law, but rather vestiges of British law and traditional appeals practices remained intact. As such, any decision made by the Canadian Supreme Court could be appealed to the Judicial Committee of the Privy Council (JCPC). Located in England, and staffed by British judges and law lords, who acted as advisors to the king or queen, the JCPC was the final appeals court in the British legal system. In fact, Canadian litigants were not obligated to take their cases to the Canadian Supreme Court before petitioning the JCPC, but could bypass the supreme court altogether, going straight to the JCPC. It was not until 1949, when the Parliament dissolved the JCPC, that the Canadian Supreme Court became the court of highest authority. At that time, the number of justices increased by two, for total of nine justices. In 1957, the JCPC heard its last Canadian case.
Canadian Supreme Court: Its Role and Purpose The Supreme Court of Canada is Canada's last court of appeal, responsible for interpreting the Canadian Constitution, the Canadian Charter of Rights and Freedoms, administrative law, criminal and private law. The Court also decides the proper application of the law and determines the way that the law should be enforced. The Supreme Court is the highest court in Canada and all lower courts must follow the its rulings. Appointed justices must agree to give up private law practice, other positions within provincial governments, and they must not act as CEO or be involved in private business enterprises during their tenure as Supreme Court justices.
Supreme Court Sessions The Supreme Court building is located on Wellington Street in Ottawa, Ontario, just west of Parliament, overlooking the Ottawa River. A staff of 150 people work with the Supreme Court, including three law clerks, a judicial assistant and a court attendant for each justice. The fall session of court begins in October, the winter session in January, and the spring session in April. Cases are heard starting at 9:30 a.m. Each year the Court receives 600 or more appeals requests, taking about 80 of these cases each year. Lawyers presenting cases may request reserved seating for their clients in the public gallery of the Court. The general public is also permitted to sit in the public gallery if seating is available.
Justices of the Canadian Supreme Court Beverly McLachlin: Chief Justice McLachlin was appointed to that position on January 7, 2000. She was appointed to the Supreme Court in 1989, and had previously been Chief Justice of the British Columbia Supreme Court. Ian Binnie: Justice Binnie was appointed to the Supreme Court on January 8, 1998. Prior to this, he represented Canada in legal disputes against the United States and France, and acted as counsel to the Government of Tanzania. Louis LeBel: Justice LeBel was appointed to the Supreme Court on January 7, 2000. On June 28, 1984, he was appointed to the Quebec Court of Appeal. Marie Deschamps: Justice Deschamps was appointed to the Supreme Court on August 7, 2002, having been previously appointed to the Quebec Superior Court on March 29, 1990 and the Quebec Court of Appeal on May 6, 1992. Morris Fish: Justice Fish was appointed to the Canadian Supreme Court on August 5, 2003. On June 30, 1989, he was appointed to the Quebec Court of Appeal. Rosalie Abella: Justice Abella was appointed to the Supreme Court in 2004. In 1992, she was appointed to the Ontario Court of Appeal. Louise Charron: Justice Charron was appointed to the Supreme Court on August 30, 2004. Prior to this she served as Deputy Judge of the Nunavut Court of Justice from 1999-2004, and on the Ontario Court of Appeal from 1994-1999. Marshall Rothstein: Justice Rothstein was appointed to the Supreme Court on March 1, 2006. He was appointed to the Federal Court of Appeal on January 21, 1999. Thomas Cromwell: Justice Cromwell was appointed to the Supreme Court on December 22, 2008. He was appointed to the Nova Scotia Court of Appeal on August 27, 1997.
Additional Information Initially, Court was held at the House of Commons' Railway Committee Room, then moved to a small building on Bank Street, at the base of Parliament Hill, in 1882. The cornerstone of the current Court building, designed by Ernest Cormier, was laid on May 20, 1939, in remembrance the Queen Mother. After several delays caused by World War II, the Court heard its first case in January 1946. Appointments to the Court are made by the Prime Minister of Canada, with approval from the Governor General. The Prime Minister and/or the Cabinet appoint the Chief Justice. To serve on the Court, justice must serve in Canada's superior courts or have at least 10 years' experience practicing law. A minimum of three justices must be from Quebec and Ontario, two from Western Canada and one from Atlantic Canada. The Chief Justice's yearly earnings amount to $343,400, while the Puisne Justices earn $317,900, per year. Judges must retire when they reach age 75. |
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