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

Act current to 2013-04-29 and last amended on 2003-07-02. Previous Versions

THE COURT

Marginal note:Original Court continued

3. The court of law and equity in and for Canada now existing under the name of the Supreme Court of Canada is hereby continued under that name, as a general court of appeal for Canada, and as an additional court for the better administration of the laws of Canada, and shall continue to be a court of record.

  • R.S., 1985, c. S-26, s. 3;
  • 1993, c. 34, s. 115(F).

THE JUDGES

Marginal note:Constitution of Court

  • 4. (1) The Court shall consist of a chief justice to be called the Chief Justice of Canada, and eight puisne judges.

  • Marginal note:Appointment of judges

    (2) The judges shall be appointed by the Governor in Council by letters patent under the Great Seal.

  • R.S., c. S-19, s. 4.
Marginal note:Who may be appointed judges

5. Any person may be appointed a judge who is or has been a judge of a superior court of a province or a barrister or advocate of at least ten years standing at the bar of a province.

  • R.S., c. S-19, s. 5.
Marginal note:Three judges from Quebec

6. At least three of the judges shall be appointed from among the judges of the Court of Appeal or of the Superior Court of the Province of Quebec or from among the advocates of that Province.

  • R.S., c. S-19, s. 6;
  • 1974-75-76, c. 19, s. 2.
Marginal note:No other office to be held

7. No judge shall hold any other office of emolument under the Government of Canada or the government of a province.

  • R.S., c. S-19, s. 7.
Marginal note:Residence

8. The judges shall reside in the National Capital Region described in the schedule to the National Capital Act or within forty kilometres thereof.

  • R.S., c. S-19, s. 8;
  • 1974-75-76, c. 18, s. 1;
  • 1976-77, c. 25, s. 19.
Marginal note:Tenure of office

  • 9. (1) Subject to subsection (2), the judges hold office during good behaviour, but are removable by the Governor General on address of the Senate and House of Commons.

  • Marginal note:Cessation of office

    (2) A judge shall cease to hold office on attaining the age of seventy-five years.

  • R.S., c. S-19, s. 9.
Marginal note:Oath of office

10. Every judge shall, before entering on the duties of the office of judge, take an oath in the following form:

I, ..........., do solemnly and sincerely promise and swear that I will duly and faithfully, and to the best of my skill and knowledge, execute the powers and trusts reposed in me as Chief Justice (or as one of the judges) of the Supreme Court of Canada. So help me God.

  • R.S., c. S-19, s.10.