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PROVIDED ABOVE IS A PICTURE OF CHIEF JUSTICE OF CANADA - Beverley McLachlin (center) AND EIGHT 'PUISNE' (french for "YOUNGER") JUDGES.

Supreme Court of Canada is the highest court in Canada; it hears appeals of decisions made in lower courts and interprets the country's laws and constitution.





Representations of the Lady of Justice in the Western tradition occur in many places and at many times. She sometimes wears a blindfold, more so in Europe, but more often she appears without one. She usually carries a sword and scales. Almost always draped in flowing robes, mature but not old, no longer commonly known as Themis, she symbolizes the fair and equal administration of the law, without corruption, avarice, prejudice, or favor.


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       Please find - here below - this Link: My Brief Story - Introduction: Welcome, this is a 'Justice' Blog intended to benefit all;   'Self Represented Litigants'.


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2013 New Year's Resolution:
To however, cause the Judiciary of New Brunswick to uphold the Canadian Charter of Rights and Freedoms.
Reason being, that, the Charter is applicable in New Brunswick, just as all provinces are bound by the Constitution.
Despite the Canadian Charter of Rights and Freedoms was adopted in 1982, it was not until 1985, that, the main provisions regarding equality rights (section 15) came into effect. The delay was meant to give the federal and provincial governments an opportunity to review per-existing statutes and strike potentially unconstitutional inequalities.

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Thursday, January 24, 2013

Administration of the Supreme Court of Canada

 

 

The Administration of the Court

The Registrar, who answers directly to the Chief Justice, is responsible for the management of the Court and exercises the quasi-judicial powers conferred by the Rules of the Court. The Registrar's management responsibilities include the appointment and supervision of Court staff, management of the Library and the Registry, and publication of the Canada Supreme Court Reports. The Registrar and the Deputy Registrar are both appointed by the Governor in Council. The Court's staff currently numbers approximately 200 employees, all of whom are members of the federal public service.



Each judge of the Court has three law clerks, usually recent law school graduates, who provide him or her with research assistance. The one-year term each clerk serves is regarded as meeting in whole or in part the articling requirements set by the various provincial law societies as a condition for admission to the practice of law. A judicial assistant and a court attendant are assigned to each judge to ensure the efficient management of the judge's office. An Executive Legal Officer, whose responsibilities include media relations in regard to the Members of the Court and to cases before the Court, and a Legal Officer are attached to the office of the Chief Justice.


The Court Operations Sector, composed of the Law Branch, Reports Branch, Registry Branch and Library and Information Management Branch, is responsible for the planning, direction and provision of legal advice and operational support to the Supreme Court judges respecting all aspects of the case management process, from the initial filing to the final judgment on an appeal. This includes the processing and recording of proceedings, scheduling of cases, legal and jurilinguistic services, legal research and library services, legal editing services and publication of the Canada Supreme Court Reports. Information management services, including case-related and corporate records information, are also provided by the Sector.


The Communication Services Branch develops and implements communications strategies, plans and programs to increase public awareness and understanding of the Supreme Court of Canada, and to enhance internal communications within the Court.


Administrative and operational support for all the Court's judges and staff is provided by the Corporate Services Sector, which is responsible for: strategic, business and resource planning; corporate reporting; management accountability; modern management methods and tools; integrated risk management; finance; procurement; accommodation; administration (telecommunications, mail and printing services); human resources, security; health and safety; emergency management and preparedness; development, delivery and management of IT strategies, plans, policies, standards and procedures; as well as business continuity planning.


The Judicial Support and Protocol Branch is responsible for the delivery of all judicial support services to the Chief Justice of Canada and the eight puisne judges of the Supreme Court of Canada, including protocol and judges’ dining room services, the development and delivery of integrated judicial support programs and services, judicial administration, as well as the judges' Law Clerk Program.

 

 

The Registry

The Registry plays a pivotal role in the Court's operations. It is the hub of all procedural and documentary activities at the Court. The Registry is responsible for processing, recording and directing the flow of all documents filed by parties, as well as recording all steps and events during the life of a case. This information is available to the public at the Court and on its Web site. The Registry also provides assistance in scheduling the Court's hearings and providing support during sittings, as well as in finalizing the documentation for all cases after judgment has been rendered. For more information, visit the Scheduled Hearings page.


The Canada Supreme Court Reports

The Court's decisions are published simultaneously in English and French in its official reports, the Canada Supreme Court Reports. All written and oral judgments and reasons for judgment are printed in their entirety along with a summary (called a headnote) of the reasons. The first reported case, published in 1877, was for an appeal heard in 1876 from the Supreme Court of Judicature of Prince Edward Island. Originally numbered in series from 1 to 64, the Reports have been identified since 1923 by their year of publication. In 1975, the printed reports grew from one to two volumes a year, and since 1990, three or four volumes have been published annually, each consisting of four to six parts issued periodically and containing an index and a table of cases cited. Judgments are made available electronically the day of their release.


The Library

With approximately 300,000 volumes, the Library of the Supreme Court of Canada provides a substantial research base for the Court to consult in performing its role of deciding questions of public importance. The Library's extensive collection includes statutes, law reports, periodicals and treatises from major common and civil law jurisdictions, such as Canada, the United Kingdom, the United States, Australia, New Zealand, France and Belgium. Its print, microform and electronic holdings are supplemented by access to a vast range of electronic networks and databases. Its collection is also enriched by a valuable collection of rare books printed in the 16th, 17th and 18th centuries that pertain to the common law of England and the civil law of France. In addition to serving the Supreme Court itself, the Library provides services to lawyers appearing before the Court, to members of the Bar, faculty members and students-at-law, and, by special permission, to legal researchers and members of the public.



The Registrars of the Supreme Court of Canada

Information about Judges of the Supreme Court of Canada



Judges of the Court

About the Judges

The Supreme Court of Canada consists of the Chief Justice of Canada and eight puisne judges appointed by the Governor in Council, all of whom must have been either a judge of a superior court or a member of at least ten years' standing of the bar of a province or territory. The word "puisne" is derived from the ancient French word "puiné", which means "younger". It is used at the Court to distinguish the Chief Justice from the other judges. The Chief Justice is sworn as a member of the Privy Council of Canada before taking the oath of office as Chief Justice.


The judges must devote themselves exclusively to their judicial duties. No judge may hold any other remunerative office or engage in any business enterprise. A judge holds office during good behaviour until he or she retires or attains the age of 75 years, but is removable for incapacity or misconduct in office before that time by the Governor General on address of the Senate and House of Commons.
The Chief Justice presides over all sittings of the Court at which he or she is present. The Chief Justice oversees the work of the Court by designating the panels of judges who are to hear the cases and motions brought before it.


In addition to his or her Court duties, the Chief Justice is chairperson of the Canadian Judicial Council, whose members include the chief justices and associate chief justices of the federal and provincial superior courts, and the senior judges of the territorial superior courts. This body, established by the Judges Act, has a mandate to promote efficiency, uniformity and accountability, as well as to improve the administration of justice throughout Canada.


The Chief Justice also chairs the Board of Governors of the National Judicial Institute. The National Judicial Institute develops and delivers various educational programs for all Canada's federal, provincial and territorial judges.


Moreover, the letters patent of 1947 respecting the office of Governor General provide that, should the Governor General die, become incapacitated, be removed or be absent from the country for a period of more than one month, the Chief Justice or, if the Chief Justice is unavailable, the senior puisne judge of the Supreme Court, would become the Administrator of Canada and exercise all the powers and authorities of the Governor General.


Finally, the Chief Justice of Canada also chairs the committee which advises the Governor General on awards of membership in the Order of Canada.




More information about Judges of the Supreme Court of Canada

Supreme Court of Canada: Strategic Direction; Mandate; Mission Statement; Vision; Strategic Objectives

 

 Supreme Court of Canada: Strategic Direction 

 

Mandate

To advance the cause of justice in hearing and deciding, as the final arbiter, legal questions of fundamental importance.

 

Mission Statement

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 Court is committed to:

  • the rule of law;
  • independence and impartiality; and
  • access to justice.

The Office of the Registrar supports the Court by:

  • providing responsive administrative services;
  • nurturing the dedication, pride and professionalism of its employees;
  • respecting diversity and linguistic duality; and
  • collaborating with other courts and legal institutions.

 

Vision

The Office of the Registrar of the Supreme Court of Canada is recognized as a leader in court administration.

Strategic Objectives

 

  • To ensure the independence of the Court as an institution within a framework of sound public administration.
  • To continuously improve access to the Court and its services.
  • To ensure that hearings can be held and decisions rendered promptly.
  • To provide the timely and accurate information the Court needs to fulfill its mandate.

Supreme Court of Canada Fun Facts - Did you know?





Did you know?
• The Supreme Court sat for the first time on January 17, 1876, but did not have any cases to hear. In April of that year, it heard its first case. It sat for one week in June and disposed of three cases. In the following January, it started holding regular sessions with a full agenda.



• Should the Governor General die, become incapacitated, or be absent from the country for a period of more than one month, the Chief Justice or, if that office is vacant, the senior puisne judge of the Supreme Court, would become the Administrator of Canada and exercise all the powers and duties of the Governor General.



• The judges are appointed by the Governor in Council. They may remain in the position until age 75.


• Puisne judge: The word “puisne” is an old French word meaning younger. This term, used by the Supreme Court, distinguishes the Chief Justice from the other eight judges.


• The cornerstone of the Court building is dated May 19, 1939, and was supposed to be laid by King  George VI. Queen Elizabeth laid the cornerstone in the presence of the King, her husband, on May 20, 1939.




• There are two flagstaffs at the front of the Supreme Court building. The Canadian flag to the west is hoisted daily. The other flag flies only when the Court is sitting.



• Two 3-metre high bronze statues have been erected on the steps of the Supreme Court building. These works from the early 1920s were created to be a part of a huge memorial to King Edward VII and were to be stored until its completion. The memorial to Edward VII was never finished. Made by Toronto artist Walter S. Allward (creator and architect of the Canadian War Memorial at Vimy Ridge in France), JUSTICIA (JUSTICE) and VERITAS (TRUTH), were forgotten for almost 50 years. In 1969 they were found in their crates buried under a parking lot. They were erected on their present site in 1970.



• The judges wear the red robes trimmed with white Canadian mink only for special occasions, such as the swearing in of new justices or the reading of the Speech from the Throne.

The Supreme Court of Canada History



History
The Supreme Court of Canada was created by an Act of Parliament in 1875, as a general court of appeal with wide national jurisdiction.


For many years the Court’s decisions could be appealed to the Judicial Committee of the Privy Council in England. This right of appeal was abolished in criminal cases in 1933 and in other cases in 1949. The Court is now Canada’s ultimate court of appeal.


The Court was originally composed of a chief justice and five puisne or associate judges. In 1927 the number of judges was increased to seven and in 1949, with the abolition of appeals to the Judicial Committee, to nine, the current number. By law, at least three judges must be appointed from Quebec. By tradition, three judges are appointed from Ontario, two from the Western provinces and one from the Atlantic provinces.


The Judges heard cases for a while in the former reading room of the Senate and later in other rooms borrowed from Parliament. In 1882 the Court moved to a small building at the foot of Parliament Hill, which has since been demolished. Construction on the present building began in 1939, but the Court did not move in until 1946.


The Supreme Court building, which now has a heritage designation, was designed by renowned Montréal architect Ernest Cormier. It is situated just west of the Parliament Buildings on a bluff high above the Ottawa River. The building was completed in 1941 but was used for the next four years to house wartime government offices.


The imposing structure contains a grand entrance hall, the Supreme Court’s main courtroom, the judges’ offices and conference room, the offices of the administrative staff, a library and two  courtrooms used by the Federal Court of Canada.


Further Reading
The Supreme Court of Canada came into existence more than a century after the first courts appeared in what is now Canada. Its role has evolved considerably since its creation in 1875, as it stands today as the final court of appeal in the Canadian judicial system, a status that it did not originally have.
Courts of law flourished in the eighteenth-century in present-day Quebec and Ontario, as well as in what are now the Maritime provinces. Judicial records from before 1750 survive in Quebec, New Brunswick and Nova Scotia. The Quebec Act, 1774, section 17, defined powers for creating British-style criminal, civil and ecclesiastical courts in Quebec alongside that province's much more ancient courts dating back to the French regime. The Constitutional Act, 1791, created the provinces of Upper and Lower Canada and established new courts for each province. Following this, the Union Act, 1840 created the first Court of Appeal, in this case for Upper Canada, and set salaries for judges in both Canadas.


It was the British North America Act, 1867, now called the Constitution Act, 1867, that defined the basic elements of the country's current judicial system. Under it, the Governor in Council appoints all superior court judges across Canada, including judges of the Supreme Court of Canada. Once appointed, a judge serves "during good behaviour" and benefits from all aspects of the principle of judicial independence. A judge may sit until he or she attains 75 years of age. Judicial salaries are "fixed and provided by the Parliament of Canada". At the time of Confederation, decisions of provincial courts could be appealed directly to the Judicial Committee of the Privy Council in the United Kingdom.


The Constitution Act, 1867 provided that the new federal Parliament could create a "General Court of Appeal for Canada". A few years later, Parliament did just that when it created the Supreme Court of Canada. However, decisions of the new Supreme Court could still be appealed to the Judicial Committee of the Privy Council. The Judicial Committee's jurisdiction over the Court's decisions did not end until 1933, for criminal appeals, and 1949 for civil appeals.


The Supreme Court of Canada's beginnings were most inauspicious. Bills for its creation had been introduced in the Parliament of Canada in 1869 and in 1870, but were withdrawn. On April 8, 1875, a new bill was finally passed. The statesmen who played the most prominent roles in establishing the Court were Sir John A. Macdonald, Télesphore Fournier, Alexander Mackenzie and Edward Blake.
The Court's original puisne judges signed their oaths of office in the Senate Chamber on November 8, 1875, exactly one month after the swearing-in ceremony for the first Chief Justice, the Honourable William Buell Richards, and the first Registrar, Robert Cassels. The Court was inaugurated at a state dinner on November 18, and by mid-January 1876 the new Court had drafted a set of rules of procedure. But at its first sitting on January 17, 1876, there was not a single case to be heard. The Court heard its first case — a reference from the Senate requesting its opinion on a private bill — in April 1876. Having dealt with that matter, the Court next sat for one week in June 1876, when it disposed of three cases. It was not convened again until January 1877, at which time it began to hold regular sessions with a full agenda.


The Court was originally composed of six judges. In addition to Chief Justice Richards, the original puisne judges were William Johnstone Ritchie, Samuel Henry Strong, Jean-Thomas Taschereau, Télesphore Fournier and William Alexander Henry. At first, each member of the Supreme Court was also a judge of the simultaneously created Exchequer Court of Canada (a forerunner of the Federal Court), although this ceased to be the case several years later.



In 1927, the number of Supreme Court judges was raised to seven and, in 1949, with the abolition of all appeals to the Judicial Committee of the Privy Council, the Court reached its present total of nine members. Of the nine, the Supreme Court Act requires that three be appointed from Quebec. Traditionally, the Governor in Council appoints three judges from Ontario, two from the West, and one from Atlantic Canada.


The Court first sat in the Railway Committee Room in the Parliament Buildings, then in several other rooms as they became available. In 1882, the Court moved to its own small two-storey building at the foot of Parliament Hill on Bank Street. It would be another 60 years before construction of the building currently occupied by the Court would begin. Queen Elizabeth laid the cornerstone of the new building in the presence of her husband, King George VI, on May 20, 1939.




After delays caused by World War II and the government's use of the building to meet wartime needs, the Court finally took possession in January 1946 and heard its first case there that same month.

The Canadian Judicial System: Explained

 

 

The Canadian Judicial System

 

Judicial system Web definition:
judiciary: the system of law courts that administer justice and constitute the judicial branch of government.

 

 

The Constitutional Framework

The organization of Canada’s judicial system is a function of Canada’s Constitution, and particularly of the Constitution Act, 1867. By virtue of that Act, authority for the judicial system in Canada is divided between the federal government and the ten provincial governments. The latter are given jurisdiction over "the administration of justice" in the provinces, which includes "the constitution, organization and maintenance" of the courts, both civil and criminal, in the province, as well as civil procedure in those courts. However, this jurisdiction does not extend to the appointment of the judges of all of these courts. The power to appoint the judges of the superior courts in the provinces - which includes the provincial courts of appeal as well as the trial courts of general jurisdiction - is given to the federal government, as is the obligation to provide for the remuneration of those judges and the authority to remove them. This latter authority is a limited one and, in fact, has never been exercised.
The federal government is also given the authority to establish "a General Court of Appeal for Canada and any Additional Courts for the better Administration of the Laws of Canada". It has used this authority to create the Supreme Court of Canada as well as the Federal Court of Appeal, the Federal Court and the Tax Court of Canada. The federal government also has, as part of its jurisdiction over criminal law, exclusive authority over the procedure in courts of criminal jurisdiction.


What emerges from these allocations of jurisdiction in the Constitution is a court system in which provincial governments have jurisdiction over both the constitution, organization and maintenance of, and the appointment of judges to, the lowest level of courts (generally known simply as "provincial courts"), while the federal government has authority over the constitution, organization and maintenance of, and the appointment of judges to, the Supreme Court of Canada, the Federal Court of Appeal, the Federal Court and the Tax Court of Canada. Authority over the superior courts in each province is shared between the provincial and federal governments; the provinces have jurisdiction over the constitution, organization and maintenance of these courts, while the federal government has authority to appoint the judges. The fact that jurisdiction over these courts is divided in this way means that, in order for these courts to function properly, the federal and provincial governments are required to cooperate in the exercise of their respective authorities.


Organization of Courts

The courts in Canada are organized in a four-tiered structure. The Supreme Court of Canada sits at the apex of the structure and, consistent with its role as "a General Court of Appeal for Canada", hears appeals from both the federal court system, headed by the Federal Court of Appeal and the provincial court systems, headed in each province by that province’s Court of Appeal. In contrast to its counterpart in the United States, therefore, the Supreme Court of Canada functions as a national, and not merely federal, court of last resort.


The next tier down from the Supreme Court of Canada consists of the Federal Court of Appeal and the various provincial courts of appeal, in the Province of New Brunswick we have the Court of Appeal of New Brunswick. Two of these latter courts, it should be noted, also function as the courts of appeal for the three federal territories in northern Canada, the Yukon Territory, the Northwest Territories, and the Nunavut Territory.


The Court of Appeal of New Brunswick is the highest court in the Province. It is the last avenue of appeal, except in a few cases where a further appeal to the Supreme Court of Canada is possible.
The Court of Appeal generally sits in Fredericton. It is comprised of the Chief Justice of New Brunswick, five other judges, any former judge of the Court of Appeal who is a supernumerary judge and any former Chief Justice of New Brunswick who is a judge or a supernumerary judge. It hears appeals relating to a wide variety of issues.



The next tier down consists of the Federal Court, the Tax Court of Canada and the provincial and territorial superior courts of general jurisdiction, in the Province of New Brunswick we have the Court of Queen's Bench of New Brunswick Trial Division, which is a superior Court of inherent jurisdiction. These latter courts can fairly be described as the lynchpin of the Canadian judicial system since, reflecting the role of their English counterparts (in New Brunswick we even carried the name), on which they were modelled, they are the only courts in the system with inherent jurisdiction in addition to jurisdiction granted by federal and provincial statutes.


Court of Queen's Bench, Trial Division
The Trial Division hears civil law matters, excluding family disputes, which are heard in the Family Division. Trial Division Judges also preside over criminal trials, with or without a jury. The Trial Division hears appeals relating to summary conviction offences tried in the Provincial Court, and the judges sit in the Provincial Court when necessary. The Trial Division's jurisdiction is outlined in the Judicature Act. The Trial Division holds sittings in the eight Court of Queen's Bench Judicial Districts of New Brunswick. 


Court of Queen's Bench, Family Division
The Family Division deals with all family matters such as marriages, divorces, adoptions, division of marital property, claims for spousal and/or child support, guardianship and custody and access. The Family Division also deals with matters relating to consent to medical treatment of minors, changes of name, presumptions of death, as well as matters relating to the care of infirm persons and the management of their property. The Family Division's jurisdiction is outlined in the Judicature Act.
The Family Division holds sittings in all of the eight Judicial Districts of the Court of Queen's Bench.


Provincial Courts
At the bottom of the hierarchy are the courts typically described as provincial courts. These courts are generally divided within each province into various divisions defined by the subject matter of their respective jurisdictions; hence, one usually finds a Traffic Division, a Small Claims Division, a Family Division called , a Criminal Division, and so on.

In the Province of New Brunswick, these courts divided into various divisions defined by the subject matter of their respective jurisdictions;

What may be called Traffic Division in other provinces is called Provincial Court, in the Province of New Brunswick: Provincial Court deals with all Municipal Bylaw matters as well as other ticketing procedures. 

What may be called Small Claims Division in other provinces is called Small Claims Court in New Brunswick. The claims are in fact heard by Court of Queen's Bench of New Brunswick Trial Division, under special designated procedures, because the Province decided to remove that specific Court from service. 

What may be called Family Division called, in other provinces is called Court of Queen's Bench of New Brunswick Family Division, in the Province of New Brunswick.. 

What may be called Criminal Division, in other provinces is called Provincial Court, in the Province of New Brunswick:  The Provincial Court is the entry point for all persons charged with offences under the Criminal Code or other federal or provincial legislation such as Provincial Offences Procedure Act, SNB 1987, c P-22.1,


In the Province of New Brunswick: The Provincial Court has jurisdiction to try almost all indictable offences involving adult accused (murder being the main exception), all offences involving youths under the Youth Criminal Justice Act (ages 12 to 18), and all summary conviction offences for both adults and youths. Even in indictable matters where the accused person has an election or choice to be tried in the Court of Queen's Bench by a judge sitting with or without a jury, the Provincial Court may first be required to hold a preliminary inquiry.

In the Province of New Brunswick: Provincial Court judges also receive Informations (the documents which contain charges), issue Search Warrants, Summonses, and Subpoenas, Warrants of Arrest, and conduct Bail Hearings of accused persons who appear before the Court in custody, in addition to conducting regular Court sittings on a daily basis. 


In the Province of New Brunswick: Provincial Court judges also hold weekend “Remand Court” to allow persons who have been arrested by the police to be brought before a judge within 24 hours. 


In the Province of New Brunswick: Provincial Court judges are designated as Youth Criminal Court Judges for the purpose of dealing with young persons between the ages of 12 and 18 years who are charged with offences. 

The Provincial Court also has a Mental Health Court in the City of Saint John. The Mental Health Court in Saint John began as a pilot project under the direction of Judge Alfred Brien.  The model created by Judge Brien and the Mental Health Court Team was adopted as a permanent program of the Saint John Provincial Court on November 14, 2003. The Saint John Mental Health Court is a fine example of the success that can be achieved when the judiciary and various public and private agencies come together to address an issue that pervades much of society and unfortunately finds its way into the “mainstream of courts all too often”. This innovative approach has developed an effective means of dealing with individuals who come into conflict with the law as a result of a mental illness or intellectual disability. 


Court Locations

There are approximately 750 court locations in Canada. The Supreme Court of Canada sits only in Ottawa, although teleconferencing facilities to locations across the country are available. Hence it is possible for the parties to litigation before the Court to make their arguments in locations other than Ottawa, and to have those arguments transmitted to the Supreme Court of Canada via satellite. The other three federally established courts, the Federal Court of Appeal, the Federal Court and the Tax Court of Canada, altogether have offices at seventeen permanent locations. The provincial and territorial courts sit at over 700 locations. These include fifteen permanent provincial and territorial appellate court sitting locations - one in each province and territory except for Quebec and Alberta, which have two each.



The Supreme Court of Canada

The Supreme Court of Canada was constituted in 1875 by an act of Parliament and is now governed by the Supreme Court Act. It is comprised of a Chief Justice and eight puisne judges (puisne meaning ranked after), all appointed by the Governor-in-Council for terms of "good behaviour", with a minimum of three judges coming from Quebec. Supreme Court judges must live within forty kilometres of the National Capital Region.


The Supreme Court is a general court of appeal from all other Canadian courts of law. It, therefore, has jurisdiction over disputes in all areas of the law, including constitutional law, administrative law, criminal law and private law.


In most cases, appeals are heard by the Court only if leave is first given. Such leave will be given by the Court when a case involves a question of public importance, or if it raises an important issue of law or of mixed law and fact, or if the matter is, for any other reason, of such a nature or significance as to warrant consideration of the Court. Leave to appeal to the Court may also be given by a federal or provincial appellate court.


There are cases where leave is not required. In criminal cases, the Criminal Code gives a right of appeal where acquittal has been set aside in the provincial court of appeal or where, in the provincial court of appeal, one judge dissents on a point of law.


The Supreme Court does have a special kind of "reference" jurisdiction, original in character, given by s. 53 of the Supreme Court Act. The Governor-in-Council may refer to the Court, for its opinion, important questions of law or fact concerning the interpretation of the Constitution, the constitutionality or interpretation of any federal or provincial legislation, or the powers of Parliament or of the provincial legislatures or their respective governments or any other important question of law or fact concerning any matter. Where the government of any province has any special interest in any question put in reference, the Attorney General of the province shall be notified in order that he or she may be heard.


Constitutional questions may also be raised in regular appeals involving individual litigants or governments or governmental agencies. In such cases the federal and provincial governments are notified of the constitutional question and may intervene to argue it.


In light of the broad scope of the Supreme Court of Canada’s jurisdiction, it is clear that the Canadian judicial system differs from that of many continental European and Latin and South American countries, where it is not unusual for there to be separate courts of last resort for both constitutional law and administrative law cases in addition to a general court of appeal.


Federal Courts

The Federal Court of Appeal and the Federal Court have a long history. Since 2003, they are the successors of the appeal and trial divisions of the Federal Court of Canada, which in 1971 succeeded the Exchequer Court of Canada which itself was created in 1875 and had jurisdiction only over revenue, the Crown in Right of Canada as litigant, industrial and intellectual property, admiralty and a few other subject matters regulated by federal legislation. The Federal Court was given jurisdiction over these matters, but in addition was given the power of judicial review with respect to decisions of federal administrative tribunals and jurisdiction over claims with respect to several other matters falling within federal legislative jurisdiction, including inter-provincial transportation and communication undertakings, bills of exchange and aeronautics. These latter grants of new jurisdiction have spawned a good deal of litigation regarding the nature and scope of the federal government’s authority to grant jurisdiction to courts of its own making. Generally speaking, the Supreme Court of Canada has interpreted that power narrowly, with the result that the Federal Courts now exercise jurisdiction over a somewhat narrower range of disputes than was initially intended.


Tax Court of Canada

The Tax Court of Canada was established in 1983 and has as its primary responsibility, the hearing of appeals in the area of income tax. Its predecessor, the Tax Review Board, was an administrative tribunal.


Provincial and Territorial Superior Courts

The superior courts of each province and territory include both a court of general trial jurisdiction and a provincial court of appeal. A significant feature of these courts insofar as their jurisdiction is concerned is that that jurisdiction is not limited to matters over which the provincial governments have legislative jurisdiction. In this respect, they are very different from the state courts in the United States. Hence these courts have jurisdiction over disputes arising in many of the areas over which the federal government is granted legislative jurisdiction in the Constitution Act, 1867 - for example, criminal law and banking. Moreover, the power to decide disputes in such areas does not have to be explicitly assigned to these courts by the federal government in order for these courts to have jurisdiction over them. Hence, if federal legislation calls for the exercise at some point of judicial authority, but says nothing about which body is to exercise that authority, it is assumed that that authority will reside with these courts.


As noted above, therefore, these courts can fairly be described as the lynchpin of the Canadian judicial system.


Provincial and Territorial Courts

Although at the bottom of the hierarchy, these courts handle the overwhelming majority of cases that come into the Canadian court system. They deal with a broad range of criminal matters, much of the litigation in the area of family law, and all of the civil litigation in which the amount at issue is relatively small. If the average citizen has occasion to become involved in a dispute that requires adjudication on the part of a court, the likelihood is that he or she will appear before one of these courts.



Administrative Tribunals

Although not formally part of the Canadian judicial system, because they are not in a formal sense "courts", administrative tribunals are an integral component of the system that has been created in Canada by government to resolve disputes. No description of the latter system would be complete without mention being made of these important bodies. Some areas - for example, labour relations (both in the unionized and in the non-unionized sectors of the economy) and individual claims of discrimination in areas like employment, housing and access to services and facilities customarily available to the public - are dealt with almost exclusively by them.


In the case of some of these administrative tribunals, the courts are limited in their supervisory jurisdiction to ensuring that the tribunals do not exceed the jurisdiction given them by their enabling statutes; insofar as these tribunals are concerned, the final say on questions of law that arise within their jurisdiction rests with them, not with the courts. This is generally true in the case of labour relation tribunals. In the case of other tribunals, such as those established to deal with claims of discrimination, the courts exercise a broader supervisory authority which extends not only to ensuring that jurisdiction is not exceeded, but also to reviewing decisions on questions of law that arise within jurisdiction. However, even in the case of these latter tribunals, the courts have often, at least in recent years, tended to show a good deal of deference to these tribunals when reviewing decisions of the latter kind.


The Judiciary

All members of the judiciary in Canada, regardless of the court, are drawn from the legal profession. In the case of those judges appointed by the federal government, which includes the judges of all of the courts apart from those at the bottom of the hierarchy and described generally as provincial courts, are required by federal statute to have been a member of a provincial or territorial bar for at least ten years. Lawyers wishing to become judges must apply to do so and their applications are vetted initially by committees established within the various jurisdictions for that purpose, with the ultimate power of decision residing with the federal cabinet. Analogous systems operate within the respective provinces for appointments to the provincial courts.


All judges in Canada are subject to mandatory retirement. In the case of some of the judges appointed by the federal government, the age of retirement is fixed by the Constitution Act, 1867, at 75. In the case of all other judges, both federally and provincially appointed, the age is fixed by statute, at either 75 or 70, depending on the court.


The independence of the judiciary in Canada is guaranteed both explicitly and implicitly by different parts of the Constitution of Canada. This independence is understood to consist in security of tenure, security of financial remuneration and institutional administrative independence.

Role of the Supreme Court of Canada



Role of the Court

 

The Court's Jurisdiction

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 the Chief Justice and eight puisne judges. 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 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 a panel of three judges of the Supreme 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.


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.


Leave to Appeal

Most appeals are heard by the Court only if leave is first given. Leave to appeal is granted by the Court if the case involves a question of public importance or if it raises an important issue of law (or an issue of both law and fact) that warrants consideration by the Court. The Court’s decision whether to grant leave to appeal is based on its assessment of the public importance of the legal issues raised in the case in question. The Court thus has control over its docket and is able to supervise the growth and development of Canadian jurisprudence.


The majority of applications for leave to appeal are decided by the Court on the basis of written submissions filed by the parties. The Court considers an average of between 500 and 600 applications for leave to appeal each year. The Court generally does not give reasons for its decisions on applications for leave to appeal.



Appeals as of Right

There are a few instances where leave is not required. In some types of criminal cases, for example, an appeal may be brought as of right where one judge in the court of appeal has dissented on a point of law.


References

In addition to being Canada's court of final appeal, the Supreme Court performs a unique function. It can be asked by the Governor in Council to hear references, that is, to consider important questions of law such as the constitutionality or interpretation of federal or provincial legislation and to give its opinion on the question.



Constitutional Questions

Constitutional questions may also be raised by the parties in appeals involving individual litigants or governments or government agencies. In such cases, the federal and provincial governments must be notified of the constitutional questions and can intervene to present arguments with respect to them.


Hearings of Appeals

An appeal is heard after the parties and any interveners have prepared and filed with the Court the required documents, including a record of evidence and documentation from the lower court files and factums stating the issues as well as the arguments to be presented. These documents are filed in both paper and electronic versions. Hearings of appeals are scheduled by the Registrar.


The Supreme Court holds three sessions a year and hears on average between 65 and 80 appeals a year. Each session lasts three months. The first session begins in January, the second begins in April and the third begins in October. In recent years, it has been the Court's practice to start each session on a Monday.


Although the Court sits only in Ottawa, litigants can present oral arguments from remote locations by means of a videoconference system. The Court's hearings are open to the public and most hearings are recorded for delayed telecast. When in session, the Court sits Monday to Friday. A quorum consists of five members, but most appeals are heard by panels of seven or nine judges.


On the bench, the Chief Justice, or in the Chief Justice’s absence the senior puisne judge, presides from the centre chair with the other judges seated to the presiding judge’s right and left by order of seniority of appointment. At sittings of the Court, the judges usually wear black silk robes. They also have ceremonial robes of bright scarlet trimmed with Canadian white mink, which they wear in Court on special occasions as well as in the Senate at the opening of each new session of Parliament.


Except by special leave of the Court, the only persons who may argue a case before the Court, apart from the litigants themselves, are lawyers from any Canadian province or territory. As a general rule, the Court allows two hours for the hearing of an appeal. Each side is given one hour to present its arguments. Interveners may also be given the opportunity to be heard. At the hearing of an appeal, the judges often question the lawyers.


Judgments of the Supreme Court of Canada

In some cases, the Court will render its decision orally at the conclusion of the hearing, but most of the time it reserves judgment to enable the judges to write considered reasons. Decisions of the Court need not be unanimous: a majority may decide, in which case the minority will give dissenting reasons. Each judge may write reasons in any case if he or she chooses to do so.


When a judgment is delivered in a case reserved for decision, the parties are given notice of it and the formal judgment is deposited with the Registrar together with all the written reasons and a headnote. Judgments are published simultaneously in both official languages in the Canada Supreme Court Reports.


Supreme Court of Canada’s Web Site

The Supreme Court of Canada’s Internet site provides a wealth of information on Canada’s highest court. Visitors to the site can learn about the role of the Court in Canada’s judicial system and can browse through biographies of Supreme Court judges past and present. The site provides information on booking tours of the Supreme Court building for those who wish to do so along with a collection of electronic resources for teachers and a virtual tour that makes it possible to view the building from anywhere. The Frequently Asked Questions page also serves as a useful resource for the public. In addition, the site provides a link to an external site where the Court’s judgments can be consulted electronically. Visitors to the Court's site can find information on scheduled hearings of the Court and search an online database of information on all the Court's cases. Counsel and self-represented litigants can access information on electronic filing procedures and instructions for bringing an application for leave to appeal. In most instances, the Court's hearings are broadcast live on the site.

Wednesday, January 09, 2013

Answers to Questions About Leave to Appeal to Supreme Court of Canada

 

 

When can I apply for leave to appeal?

 

Criminal cases

 

You may bring an: 'Application For Leave To Appeal' from a judgment of a Court of Appeal that either
  • allowed an appeal by the Crown or
  • dismissed your appeal from the judgment at trial.

The situations in which the Supreme Court of Canada has “jurisdiction” to grant 'Leave To Appeal' in a case involving an indictable offence can be found in section 691 of the Criminal Code. If your case concerns a summary conviction offence or if you wish to appeal a sentence, on the other hand, the Court's jurisdiction is set out in section 40 of the Supreme Court Act.

 

Civil cases

 

Under section 40 of the Supreme Court Act, you may bring an application for 'Leave To Appeal' from a final judgment of a court of appeal in a civil case.

If the judgment in your case was rendered by only one judge of the court of appeal, you should contact the Court Of Appeal, to ask whether anything remains at that time to be done, before you bring your case to the Supreme Court of Canada.

There are cases in which 'Leave To Appeal' can be sought from a judgment of a court lower, rather than a Court of Appeal, if no further appeal to the Court of Appeal is possible.


 

Are there cases in which I might appeal to the Court without first applying for Leave to Appeal?

 

Yes, but this is possible only in certain criminal cases. In an appeal relating to an indictable offence, you may appeal as of right (that is, without first applying for leave to appeal) if

  • there is a “dissent” by one of the judges of the court of appeal on a question of law, or
  • you were acquitted at trial but the court of appeal then changed the verdict to guilty.

In such a case, your notice of appeal must be filed and served within 30 days of the court of appeal's judgment, together with a copy of the court of appeal's reasons.
If you think you have an appeal as of right, you should contact a lawyer.



 

Is the judgment I am appealing still in effect after I file an application for leave to appeal?

 

In most cases, the judgment you are appealing remains in effect even after you have filed an application for leave to appeal. However, this is not always the case. Section 65.1 of the Supreme Court Act allows you to apply for a “stay” of the judgment until the application for leave to appeal is decided. An application for a stay must be made to the court of appeal. If you have any questions about this, you should speak to a lawyer.


 

Is there a form I can use for an application for leave?

 

Yes. We encourage you to use the application for leave to appeal sample book (and the reply sample book for your reply). You may either write or type on the designated lines. If you write the information by hand, please write clearly and legibly. You do not have to use the Forms from the Rules if you use the application for leave to appeal sample book.

OR

You may choose to put together your own application for leave to appeal. If you choose this option, you should refer to the following:

  1. Rules of the Supreme Court of Canada, rules 14, 20 to 28, 32, and 47 to 51, and; forms 14, 20, 25A, 25B, and 25C, and 47;
  2. Relevant excepts from the Guidelines for Preparing Documents to be filed with the Supreme Court of Canada (Print and Electronic)
    1. Preparing the Original Printed Version
    2. Specific Requirements for Documents
    3. Guide for Numbering Pages
    4. Checklists for Documents

Tuesday, January 01, 2013

Is the judgment I am appealing still in effect after I file an application for leave to appeal?

 

 

Is the judgment I am appealing still in effect after I file an application for leave to appeal?

 

In most cases, the judgment you are appealing remains in effect even after you have filed an application for leave to appeal. However, this is not always the case. Section 65.1 of the Supreme Court Act allows you to apply for a “stay” of the judgment until the application for leave to appeal is decided. An application for a stay must be made to the court of appeal.

A 'Stay' is a temporary stopping or suspension of a judgment by order of a court.

Section  (1) of Supreme Court Act (R.S.C., 1985, c. S-26) allows that "The Court, the court appealed from or a judge of either of those courts may, on the request of the party who has served and filed a notice of application for leave to appeal, order that proceedings be stayed with respect to the judgment from which leave to appeal is being sought, on the terms deemed appropriate". So the Motion may be made to the Provincial Court of Appeal or the Supreme Court of Canada. 

 Please find provided, herein below, an Example of a 'Motion for Stay of Proceedings' and supporting 'Affidavit' which was filed to Stay a Dismissal Order issued by the Court of Appeal of New Brunswick.

Notice of Motion and sporting Affidavit for a Stay of Proceedings

The above link is to a Supreme Court of Canada file which is:
number 34642,   Notice of Motion and sporting Affidavit for a Stay of Proceedings, Dated November 29, 2011, filed with Court of Appeal of New Brunswick, requesting Orders Staying the Impugned Order of Appellate Judge Richard Bell, who erroneously dismissed a Motion for Leave to Appeal to the Court of Appeal of New Brunswick



Please find below the relevant section of Supreme Court Act (R.S.C., 1985, c. S-26):

 Section 65.1
Stay of execution — application for leave to appeal
  •  (1) The Court, appealed from or a judge of either of those Courts may, on the request of the party who has served and filed a: 'Notice of Application for Leave to Appeal', for that reason may order that proceedings be stayed, with respect to the judgment, from which leave to appeal is being sought, on any terms deemed appropriate.
  • Marginal note:Additional power for court appealed from
    (2) The court appealed from or a judge of that court may exercise the power conferred by subsection (1) before the serving and filing of the notice of application for leave to appeal, if satisfied that the party seeking the stay intends to apply for leave to appeal and that delay would result in a miscarriage of justice.
  • Marginal note:Modification
    (3) The Court, appealed from or a judge of either of those courts may modify, vary or vacate a stay order made under this section.

 Reference:
http://laws-lois.justice.gc.ca/eng/acts/S-26/page-15.html#docCont

Answers to Basic Questions about Supreme Court of Canada

 

 

What is an application for leave to appeal?

 

In order to appeal a decision of a Court of Appeal to the “Supreme Court of Canada”, you must, in any civil case and most criminal cases, ask the Supreme Court of Canada for leave (permission) to do so.
This means that you (the “applicant”) must successfully apply to the Supreme Court of Canada for 'Leave to Appeal' before the appeal itself can be heard. An application for 'Leave to Appeal' is a document by which you request 'Leave'. It must be Filed “filed” with the Registrar and “served” on all other parties.

 Below is a link to an example of a filed 'Notice of Application for Leave to Appeal' to the Supreme Court of Canada (FORM 25A) Dated November  28, 2011 file number 34642

http://www.scribd.com/doc/118377532/34642-November-28-2011-Notice-of-Application-for-Leave-to-Appeal-to-the-Supreme-Court-of-Canada-FORM-25A




 

What are the criteria for granting leave to appeal?

 

The Supreme Court Act states that an application for leave to appeal may be granted if the Supreme Court of Canada finds that the case
  • raises an issue of public importance and
  • should be decided by the Supreme Court of Canada.
The case must raise an issue that goes beyond the immediate interests of the parties to the case.


 

Who decides an application for leave to appeal?

 

Applications for leave to appeal are usually decided by a panel of three “judges” of the Supreme Court of Canada.


 

How many 'Applications for Leave to Appeal' are granted?

 

As many as 1000 'Applications for Leave to Appeal' are filed with the Supreme Court of Canada each year however the Supreme Court of Canada has a policy, that, each year they will not hear more than 80 eighty of the subject 'Applications for Leave to Appeal', furthermore they prefer to not hear more than sixty' Applications for Leave to Appeal' regardless of the validity.


 

Can I go to the Supreme Court of Canada without a lawyer?

 

Yes. You have the right to represent yourself in the Supreme Court of Canada. You do not, however, have the right to act for another one. Therefore, if you are applying for 'Leave to Appeal' together with other individuals named as applicants, each of those individuals must sign a 'Notice of Application for Leave to Appeal'.

According to Rule 15(3), you may represent a corporation only if
  • you were permitted to do so in the court of appeal, or
  • you are permitted to do so by a judge of the Supreme Court of Canada.  To obtain permission from a judge of the Supreme Court of Canada, you must file a “motion” with the Registrar.

Although you may represent yourself in the Supreme Court of Canada, it would be a good idea to study well in advance, as the procedure is complicated.

Where can I get more information?

 

 

 

Where can I get more information?

 

You may contact the Registry either by telephone at 613-996-8666 or 1-888-551-1185 between 9:00 a.m. and 5:00 p.m. EST, Monday to Friday, except on holidays, or by e-mail at registry-greffe@scc-csc.ca, if you have questions about your 'Application For Leave to Appeal'.


Although every effort will be made to assist you by providing information about the procedure to be followed in an 'Application For Leave to Appeal', Supreme Court of Canada staff are not inclined to give you legal advice.
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