Supreme Court Act (R.S.C., 1985, c. S-26)

Marginal note:Officers of the Court

24 All persons who may practise as barristers, advocates, counsel, attorneys, solicitors or proctors in the Court are officers of the Court.

Sessions and Quorum

Marginal note:Quorum of judges

25 Any five of the judges of the Court shall constitute a quorum and may lawfully hold the Court.

Marginal note:Delivery of judgment

• 26 (1) A judgment of the Supreme Court may be delivered

  • (a) in open court; or

  • (b) by depositing with the Registrar, for each judge who has heard the case, a written opinion, a copy, signed by the judge, of the written opinion with which the judge concurs or a statement certifying the judge’s concurrence.

• Marginal note:Idem

  (2) Where a judgment is delivered pursuant to paragraph (1)(a), a majority of the judges who have heard the case shall be present.

Marginal note:Opinion of absent judge

• 27 (1) A judge who has heard a case for which judgment is delivered pursuant to paragraph 26(1)(a) and who is absent from the delivery of judgment may sign a copy of the opinion with which the judge concurs or, where the judge has written an opinion, give the opinion to a judge present at the delivery of judgment, which concurrence or opinion shall be announced or read in open court and then left with the Registrar or reporter of the Court.

• Marginal note:Opinion of judge who is retired or ceases to hold office

  (2) A judge who has resigned the office of judge, or who has ceased to hold office under section 9, shall, within six months thereafter, for the purposes of this section, be deemed to be absent at the delivery of judgment in any case heard by that judge in which judgment has not been delivered during his tenure of office.

• Marginal note:Concurrence

  (3) A judge who has heard a case for which judgment is delivered pursuant to paragraph 26(1)(b) and who has not written an opinion may sign and deposit with the Registrar a copy of the opinion with which the judge concurs or a statement certifying concurrence with an opinion.

• Marginal note:Notice of deposit of judgment

  (4) Where judgment is delivered in a case pursuant to paragraph 26(1)(b), the Registrar shall send notices of the deposit of judgment to the solicitors of record for the case or their agents.

Marginal note:When a judge may not sit

• 28 (1) No judge against whose judgment an appeal is brought, or who took part in the trial of the cause or matter, or in the hearing in a court below, shall sit or take part in the hearing of or adjudication on the proceedings in the Supreme Court.

• Marginal note:Quorum in such case

  (2) In any cause or matter in which a judge is unable to sit or take part in consequence of this section, any four of the other judges constitute a quorum and may lawfully hold the Court.

Marginal note:Four judges a quorum by consent

29 Any four judges constitute a quorum and may lawfully hold the Court in cases where the parties consent to be heard before a court so composed.

Marginal note:Appointment of ad hoc judge

• 30 (1) Where at any time there is not a quorum of the judges available to hold or continue any session of the Court, owing to a vacancy or vacancies, or to the absence through illness or on leave or in the discharge of other duties assigned by statute or order in council, or to the disqualification of a judge or judges, the Chief Justice of Canada, or in the absence of the Chief Justice, the senior puisne judge, may in writing request the attendance at the sittings of the Court, as an ad hoc judge, for such period as may be necessary,

  • (a) of a judge of the Federal Court of Appeal, the Federal Court or the Tax Court of Canada; or

  • (b) if the judges of the Federal Court of Appeal, the Federal Court or the Tax Court of Canada are absent from Ottawa or for any reason are unable to sit, of a judge of a provincial superior court to be designated in writing by the chief justice, or in the absence of the chief justice, by any acting chief justice or the senior puisne judge of that provincial court on that request being made to that acting chief justice or that senior puisne judge in writing.

• Marginal note:Quebec appeals

  (2) Unless two of the judges available fulfil the requirements of section 6, the ad hoc judge for the hearing of an appeal from a judgment rendered in the Province of Quebec shall be a judge of the Court of Appeal or a judge of the Superior Court of that Province designated in accordance with subsection (1).

• Marginal note:Evidence of appointment

  (3) A duplicate of the requisition of the Chief Justice or senior puisne judge and, where a judge of a provincial court is designated to act, the letter designating that judge shall be filed with the Registrar and is conclusive evidence of the authority of the judge named therein to act under this section.

• Marginal note:Duties

  (4) It is the duty of the judge whose attendance has been so requested or who has been so designated, in priority to other duties of the office of that judge, to attend the sittings of the Court at the time and for the period for which his attendance is required, and while so attending that judge possesses the powers and privileges and shall discharge the duties of a puisne judge of the Court.

• Marginal note:Travel allowance

  (5) An ad hoc judge who attends at sittings of the Court or any conference of the judges called for the consideration of judgments in cases in which that judge sat shall be paid his travel expenses and shall receive an allowance for living expenses for each day that that judge is necessarily absent from his place of residence, as provided by the Judges Act.

• Marginal note:Delivery of judgment

  (6) In any case in which judgment is not delivered while an ad hoc judge is attending the sittings of the Court or a conference of the judges, the opinion of that judge shall be delivered as provided by section 27.

Marginal note:Admiralty appeal

• 31 (1) The Court may, in any Admiralty appeal, in which it may think it expedient to do so, call in the aid of one or more assessors specially qualified and try and hear that appeal, wholly or partially with the assistance of those assessors.

• Marginal note:Remuneration of assessors

  (2) The remuneration, if any, to be paid to the assessors referred to in subsection (1) shall be determined by the Court.

Marginal note:Three sessions

• 32 (1) The Court, for the purpose of hearing and determining appeals, shall hold, in each year, in the city of Ottawa, three sessions.

• Marginal note:Dates of sessions

  (2) The first session shall begin on the fourth Tuesday in January, the second on the fourth Tuesday in April and the third on the first Tuesday in October, in each year.

• Marginal note:Dates may be varied

  (3) The dates in subsection (2), fixed for the beginning of each session, may be varied by the Governor in Council, or by the Court, if notice is given in the Canada Gazette not less than four weeks before the date that may be fixed for the beginning of any session.

• Marginal note:Length

  (4) Each session shall be continued until the business before the Court is disposed of.

Marginal note:Power to adjourn

33 The Court may adjourn any session from time to time and meet again at the time appointed for the transaction of business.

Marginal note:Court may be convened at any time

34 The Court may be convened at any time by the Chief Justice or, in the event of the absence or illness of the Chief Justice, by the senior puisne judge, in such manner as is prescribed by the rules of Court.

Appellate Jurisdiction

Marginal note:Jurisdiction throughout Canada

35 The Court shall have and exercise an appellate, civil and criminal jurisdiction within and throughout Canada.

Marginal note:Inter-governmental disputes

35.1 An appeal lies to the Court from a decision of the Federal Court of Appeal in the case of a controversy between Canada and a province or between two or more provinces.

Marginal note:Appeals from references by lieutenant governor in council

36 An appeal lies to the Court from an opinion pronounced by the highest court of final resort in a province on any matter referred to it for hearing and consideration by the lieutenant governor in council of that province whenever it has been by the statutes of that province declared that such opinion is to be deemed a judgment of the highest court of final resort and that an appeal lies therefrom as from a judgment in an action.

Marginal note:Appeals with leave of provincial court

37 Subject to sections 39 and 42, an appeal to the Supreme Court lies with leave of the highest court of final resort in a province from a final judgment of that court where, in the opinion of that court, the question involved in the appeal is one that ought to be submitted to the Supreme Court for decision.

Marginal note:Appeal with leave of Federal Court of Appeal

37.1 Subject to sections 39 and 42, an appeal to the Court lies with leave of the Federal Court of Appeal from a final judgment of the Federal Court of Appeal where, in its opinion, the question involved in the appeal is one that ought to be submitted to the Court for decision.

Marginal note:Appeals per saltum

38 Subject to sections 39 and 42, an appeal to the Supreme Court lies on a question of law alone with leave of that Court, from a final judgment of the Federal Court or of a court of a province other than the highest court of final resort therein, the judges of which are appointed by the Governor General, pronounced in a judicial proceeding where an appeal lies to the Federal Court of Appeal or to that highest court of final resort, if the consent in writing of the parties or their solicitors, verified by affidavit, is filed with the Registrar of the Supreme Court and with the registrar, clerk or prothonotary of the court from which the appeal is to be taken.

Marginal note:Exceptions

39 No appeal to the Court lies under section 37, 37.1 or 38 from a judgment in a criminal cause, in proceedings for or on

• (a) a writ of habeas corpus, certiorari or prohibition arising out of a criminal charge; or

• (b) a writ of habeas corpus arising out of a claim for extradition made under a treaty.

Marginal note:Appeals with leave of Supreme Court

• 40 (1) Subject to subsection (3), an appeal lies to the Supreme Court from any final or other judgment of the Federal Court of Appeal or of the highest court of final resort in a province, or a judge thereof, in which judgment can be had in the particular case sought to be appealed to the Supreme Court, whether or not leave to appeal to the Supreme Court has been refused by any other court, where, with respect to the particular case sought to be appealed, the Supreme Court is of the opinion that any question involved therein is, by reason of its public importance or the importance of any issue of law or any issue of mixed law and fact involved in that question, one that ought to be decided by the Supreme Court or is, for any other reason, of such a nature or significance as to warrant decision by it, and leave to appeal from that judgment is accordingly granted by the Supreme Court.

• Marginal note:Application for leave

  (2) An application for leave to appeal under this section shall be brought in accordance with paragraph 58(1)(a).

• Marginal note:Appeals in respect of offences

  (3) No appeal to the Court lies under this section from the judgment of any court acquitting or convicting or setting aside or affirming a conviction or acquittal of an indictable offence or, except in respect of a question of law or jurisdiction, of an offence other than an indictable offence.

• Marginal note:Extending time for allowing appeal

  (4) Whenever the Court has granted leave to appeal, the Court or a judge may, notwithstanding anything in this Act, extend the time within which the appeal may be allowed.