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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 court is composed of nine justices, formally appointed by the Governor General on the recommendation of the Cabinet.
The court is housed in a massive Art Deco building designed by Ernest Cormier.
The creation of the Court was authorized by the Constitution Act 1867 (formerly called the British North America Act 1867). The first bills for its creation, introduced in the Parliament of Canada in 1869 and in 1870, were withdrawn. On April 8, 1875, however, a new bill was finally passed. The statesmen most prominent in establishing the Supreme Court were Sir John A. Macdonald, Télesphore Fournier , Alexander Mackenzie, and Edward Blake.
In the early days the Supreme Court was not the court of last resort for cases: all cases could be appealed to the Judicial Committee of the Privy CouncilThe Judicial Committee of the Privy Council is one of the highest courts in the United Kingdom. It is also the highest court of appeal (or court of last resort) for several independent Commonwealth countries, the UK overseas territories, and the British c in London, England. As well, cases could bypass the Court and go directly to London from the provincial courts of appeal. As time went on, the Privy Council became increasingly unpopular. The British Judges tended to side with the provinces at the expense of the federal government. During the great depression the British judges ruled that a number of the Liberal government's wellfare reform proposals were unconstitutional, despite public support for them in Canada. Most provincial governments began to demand the federal government press Britain for judicial independence.
The Supreme Court of Canada formally became the court of last resort for criminal appeals in 1933Centuries: 19th century 20th century 21st century Decades: 1880s 1890s 1900s 1910s 1920s 1930s 1940s 1950s 1960s 1970s 1980s Years: 1928 1929 1930 1931 1932 1933 1934 1935 1936 1937 1938 See also 1933 in aviation 1933 in film 1933 in literature 1933 in mu and for all other appeals in 19491949 is the common year starting on Saturday. see link for calendar) Events January-February January 4 RMS Caronia of the Cunard Line departs Southampton for New York on her maiden voyage January 4 February 22 Series of winter storms in Nebraska, Wyoming,.
Under Canadian law the Governor General appoints all justices of the court on recommendation from Cabinet. Quebecers, by law, must hold three of the nine positions on the Supreme Court of Canada. By convention, the remaining six positions are divided in the following manner: three from Ontario, two from the Western Provinces and one from the Atlantic Provinces.
The Cabinet's choices for Puisne Justices and the Chief Justice do not require the approval of any other governmental body or official. However, there is usually some consulation with the Canadian legal establishment prior to the nomination. Starting in 2004, a parliamentary committee screens new nominees and reports to Parliament, though this commitee does not have the power to block appointments. The term for a justice of the Supreme Court is until he or she retires or, at latest, attains the age of 75 years.
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 and the Federal Court of Canada. The Federal Court comprises the Trial Division and the Federal Court of Appeal. Unlike the provincial superior courts, which exercise inherent or general jurisdiction, the Federal Court's jurisdiction is limited by statute. Its powers extend only to review of matters within the competence of the federal government.
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).
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.
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.
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