Supreme Court of Canada Cour suprême du Canada (French) |
|
---|---|
Badge of the Supreme Court of Canada
|
|
Established | 8 April 1875 |
Country | Canada |
Location | Ottawa |
Coordinates |
45°25'19.00"N |
Composition method | Judicial appointments in Canada |
Authorized by | Constitution Act, 1867 and Supreme Court Act |
Judge term length | Mandatory retirement at age 75 |
No. of positions | 9 |
Website | www.scc-csc.ca |
Chief Justice of Canada | |
Currently | Beverley McLachlin |
Since | 7 January 2000 |
45°25'19.00"N
The Supreme Court of Canada (French: Cour suprême du Canada) is the highest court of Canada, the final court of appeals in the Canadian justice system. The court grants permission to between 40 and 75 litigants each year to appeal decisions rendered by provincial, territorial and federal appellate courts. Its decisions are the ultimate expression and application of Canadian law and binding upon all lower courts of Canada, except to the extent that they are overridden or otherwise made ineffective by an Act of Parliament or the Act of a provincial legislative assembly pursuant to Section 33 of the Canadian Charter of Rights and Freedoms (the notwithstanding clause).
The creation of the court was provided for by the British North America Act, 1867, renamed in 1982 the Constitution Act, 1867. The first bills for the creation of a federal supreme court, introduced in the Parliament of Canada in 1869 and in 1870, were withdrawn. It was not until 8 April 1875 that a bill was finally passed providing for the creation of a Supreme Court of Canada.
Prior to 1949, however, the Supreme Court did not constitute the court of last resort; litigants could appeal to the Judicial Committee of the Privy Council in London. As well, some cases could bypass the court and go directly to the Judicial Committee from the provincial courts of appeal.
The Supreme Court of Canada formally became the Court of last resort for criminal appeals in 1933 and for all other appeals in 1949. The last decisions of the Judicial Committee on cases from Canada were made in the mid-1950s, as a result of their being heard in a court of first instance prior to 1949.