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Supreme Court of Canada

There is no higher court in Canada than the Supreme Court. Before 1888, matters at this level were referred for decision to the British Privy Council. One famous case decided there was the “Persons Case”.

Organization of the Supreme Court

The chief justice and eight other judges make up the Supreme Court of Canada. They are all appointed by the Federal Government. By law, there must be three judges from Quebec. Typically, in addition to those three judges, there are three from Ontario, two from Western Canada and one from Atlantic Canada.

Sessions

The Supreme Court has three sessions per year, winter, spring and fall.

Jurisdiction

This court is the final court of appeal from all other courts in Canada. Cases include the following:
• Constitutional law
• Administrative law
• Criminal law
• Civil law

Obtaining ‘leave’ to appeal to the Supreme Court

The ability to appeal to the Supreme Court is not automatic. ‘Leave’ is not automatically granted except in certain criminal cases. Leave is granted only if:
• The case involves a question of public importance
• The case raises an important issue of law or mixed law and fact
• Any other reason of significance.
The court also acts as an advisor to the federal government on interpretation of the constitution.

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