Supreme Court Act

The Supreme Court Act establishes the Supreme Court of Canada as the final court of appeal for all legal matters in Canada. The Act provides for the Court’s composition of nine justices (the Chief Justice of Canada and eight puisne justices), their appointment by the Governor in Council, and their tenure until age 75. At least three justices must be from Quebec to ensure civil law expertise. The Act confers appellate jurisdiction in both civil and criminal matters, with leave required for most appeals. The Act also addresses the Court’s reference jurisdiction, under which the federal government may refer constitutional questions directly to the Court.

Legal area: Courts and judiciary law governs the organization, jurisdiction, and administration of the Canadian court system, including the Supreme Court, federal courts, and provincial courts.

Year enacted: 1985

Full text: https://laws-lois.justice.gc.ca/eng/acts/S-26/

Key Provisions

• Section 4: Court continued as general court of appeal for Canada
• Section 6: Composition (Chief Justice and eight puisne justices)
• Section 8: Appointment by Governor in Council
• Section 9: Tenure during good behaviour until age 75
• Section 30: Three judges from Quebec (civil law representation)
• Section 40: Appeals by leave (significant question of law)
• Section 53: Reference jurisdiction (constitutional questions referred by government)
• Section 97: Quorum (five judges, nine for most important cases)

Significance

The Supreme Court Act establishes Canada’s most important judicial institution. The Court’s reference jurisdiction has been used for landmark opinions including the Patriation Reference (1981), the Quebec Secession Reference (1998), and the Senate Reform Reference (2014). The Act’s requirement for three Quebec judges maintains civil law expertise in Canada’s bijural system. The appointment process has been reformed to include a more transparent advisory committee process. The Court handles approximately 70-80 appeals annually.