Supreme Court of Canada

Supreme Court of Canada. It stands as the highest court in the Canadian judiciary and the final general court of appeal, established in 1875 by an act of the Parliament of Canada. The court's composition, jurisdiction, and foundational authority are derived from the Constitution Act, 1867 and the Supreme Court Act, with its role evolving significantly following the enactment of the Constitution Act, 1982 and the Canadian Charter of Rights and Freedoms. Its decisions are binding on all other Canadian courts and it plays a pivotal role in interpreting the Constitution of Canada, shaping the nation's legal landscape.

History

The court was formally created in 1875 under the government of Prime Minister Alexander Mackenzie, with its existence authorized by Section 101 of the Constitution Act, 1867. For its first century, its decisions could be appealed to the Judicial Committee of the Privy Council in the United Kingdom, a practice that ended in 1949 for criminal cases and was fully abolished for all other appeals by the Supreme Court Act amendment of that year. The patriation of the constitution in 1982, culminating in the Constitution Act, 1982, fundamentally transformed its role, making it the ultimate arbiter of constitutional disputes, including those arising from the Canadian Charter of Rights and Freedoms. Key historical milestones include the Persons Case of 1929, which was initially lost at this level but later won on appeal to the Judicial Committee of the Privy Council, and the Patriation Reference in 1981, which set the stage for constitutional reform.

Composition and appointment

It consists of a chief justice and eight puisne justices, for a total of nine members. By convention, three justices are appointed from Quebec, three from Ontario, two from the western provinces, and one from the Atlantic provinces. Appointments are made by the Governor General on the advice of the Prime Minister, following a process that, since 2016, involves public scrutiny by an independent advisory board. Notable chief justices have included Bora Laskin, the first Jewish chief justice, and Beverley McLachlin, the first woman to hold the office. Justices, like Rosalie Abella and Andromache Karakatsanis, are appointed from among superior court judges or eminent lawyers and must retire upon reaching the age of 75.

Jurisdiction and role

It hears appeals from the provincial and territorial courts of appeal, as well as from the Federal Court of Appeal. While it primarily functions as an appellate court, it also possesses a limited original jurisdiction, such as hearing references on important questions of law from the federal government. Its most significant role is as the ultimate interpreter of the Constitution of Canada, including the division of powers between the Parliament of Canada and the provincial legislatures, and the application of the Canadian Charter of Rights and Freedoms. It also adjudicates on important issues of civil law (particularly from Quebec), criminal law, and administrative law, ensuring national legal uniformity.

Notable decisions

Its rulings have profoundly shaped Canadian law and society. In R v Morgentaler (1988), it struck down Canada's abortion law as a violation of the Charter. The Reference re Secession of Quebec (1998) outlined the legal framework for any potential provincial secession. In Carter v Canada (AG) (2015), it declared prohibitions on physician-assisted dying unconstitutional. Landmark decisions on Indigenous rights include R v Sparrow (1990) and Tsilhqot'in Nation v British Columbia (2014), which affirmed Aboriginal title. Other pivotal cases include R v Oakes (1986), which established the foundational test for justifying Charter violations, and Vriend v Alberta (1998), which read sexual orientation into Alberta's human rights law.

Building

The court resides in a grand Art Deco structure located at 301 Wellington Street in Ottawa, across from the Parliament Buildings and near the Library of Parliament. Designed by architect Ernest Cormier, the building was constructed between 1939 and 1941, with its distinctive facade featuring Canadian motifs and its interior adorned with murals and symbolic artwork. The main courtroom is a majestic space with Quebec white oak paneling and a ceiling depicting the Signing of the Universal Declaration of Human Rights. The building also houses the Judges' Library, one of the country's finest law libraries, and stands as a national symbol of justice and the rule of law.

Category:Supreme Court of Canada Category:National supreme courts Category:1875 establishments in Canada