The Supreme Court of Canada is Canada’s final court of appeal. It serves Canadians by deciding legal issues of public importance, thereby contributing to the development of all branches of law applicable within Canada. The independence of the Court, the quality of its work and the esteem in which it is held both in Canada and abroad contribute significantly as foundations for a secure, strong and democratic country founded on the Rule of Law. In accordance with the Supreme Court Act, the Supreme Court of Canada consists of nine judges, including the Chief Justice of Canada. The Supreme Court of Canada is an important national institution that is positioned at the pinnacle of the judicial branch of Canada’s government.
The Canadian judicial system may be seen as constituting a pyramid, with a broad base formed by the provincial and territorial courts whose judges are appointed by the provincial and territorial governments. Judges at all the other levels are appointed by the federal government. At the second level, there are the provincial and territorial superior courts. Judgments from the superior courts may be appealed to the next level, being the provincial or territorial courts of appeal. As well, there are the federal courts: the Federal Court of Appeal, the Federal Court, the Tax Court of Canada and the Court Martial Appeal Court. Unlike the provincial superior courts, which exercise inherent jurisdiction, the jurisdiction of these courts is defined by statute and encompasses matters falling within the competence of the federal government. Finally, the Supreme Court of Canada sits at the top of the pyramid, being Canada's final court of appeal.
The Court's Jurisdiction
The Supreme Court of Canada hears appeals from the decisions of the highest courts of final resort of the provinces and territories, as well as from the Federal Court of Appeal and the Court Martial Appeal Court of Canada. Its jurisdiction is derived mainly from the Supreme Court Act, as well as from a few other Acts of Parliament, such as the Criminal Code. There are three procedures by which cases can come before the Court. First, in most cases, a party who wishes to appeal the decision of a lower court must obtain permission, or leave to appeal, from the Court. Second, there are cases, referred to as appeals "as of right", for which leave to appeal is not required. These include certain criminal cases and appeals from opinions pronounced by courts of appeal on matters referred to them by a provincial government. Third, the Court provides advisory opinions on questions referred to it by the Governor in Council. See the Appeal Process in the Supreme Court of Canada for more details.The importance of the Court’s decisions for Canadian society is well recognized. The Court assures uniformity, consistency and correctness in the articulation, development and interpretation of legal principles throughout the Canadian judicial system.
