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

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Act current to 2019-03-27 and last amended on 2013-12-12. Previous Versions

Supreme Court Act

R.S.C., 1985, c. S-26

An Act respecting the Supreme Court of Canada

Short Title

Marginal note:Short title

 This Act may be cited as the Supreme Court Act.

  • R.S., c. S-19, s. 1.

Interpretation

Marginal note:Definitions

  •  (1) In this Act,

    appeal

    appel

    appeal includes any proceeding to set aside or vary any judgment of the court appealed from; (appel)

    Court

    Cour suprême ou Cour

    Court means the Supreme Court of Canada continued by section 3; (Cour suprême ou Cour)

    court appealed from

    juridiction inférieure

    court appealed from means the court from which the appeal is brought directly to the Supreme Court, whether that court is one of original jurisdiction or a court of appeal; (juridiction inférieure)

    final judgment

    jugement définitif

    final judgment means any judgment, rule, order or decision that determines in whole or in part any substantive right of any of the parties in controversy in any judicial proceeding; (jugement définitif)

    judge

    juge

    judge means a judge of the Court and includes the Chief Justice; (juge)

    judgment

    jugement

    judgment, when used with reference to the court appealed from, includes any judgment, rule, order, decision, decree, decretal order or sentence thereof, and when used with reference to the Supreme Court, includes any judgment or order of that Court; (jugement)

    judicial proceeding

    procédure judiciaire

    judicial proceeding includes any action, suit, cause, matter or other proceeding in disposing of which the court appealed from has not exercised merely a regulative, administrative or executive jurisdiction; (procédure judiciaire)

    Registrar

    registraire

    Registrar means the Registrar of the Court; (registraire)

    Supreme Court

    Cour suprême ou Cour

    Supreme Court has the meaning given in this section to “Court”; (Cour suprême ou Cour)

    witness

    témoin

    witness means any person, whether a party or not, to be examined under this Act. (témoin)

  • Marginal note:Application to the territories

    (2) For the purposes of this Act, the expression "highest court of final resort in a province" includes, in Yukon, the Northwest Territories or Nunavut, the Court of Appeal of that territory.

  • R.S., 1985, c. S-26, s. 2;
  • 1993, c. 28, s. 78;
  • 2002, c. 7, s. 237(E).

The Court

Marginal note:Original Court continued

 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

  •  (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

 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:For greater certainty

 For greater certainty, for the purpose of section 5, a person may be appointed a judge if, at any time, they were a barrister or advocate of at least 10 years standing at the bar of a province.

  • 2013, c. 40, s. 471.

Marginal note:Three judges from Quebec

 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:For greater certainty

 For greater certainty, for the purpose of section 6, a judge is from among the advocates of the Province of Quebec if, at any time, they were an advocate of at least 10 years standing at the bar of that Province.

  • 2013, c. 40, s. 472.

Marginal note:No other office to be held

 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

 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

  •  (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

 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.

Marginal note:How administered

 The oath referred to in section 10 shall be administered to the Chief Justice before the Governor General in Council, and to the puisne judges by the Chief Justice or, in the case of absence or illness of the Chief Justice, by any other judge present at Ottawa.

  • R.S., 1985, c. S-26, s. 11;
  • 1993, c. 34, s. 116(F).

The Registrar and Other Officers

Marginal note:Appointment of Registrar and Deputy Registrar

  •  (1) The Governor in Council may by instruments under the Great Seal appoint fit and proper persons, being barristers or advocates of at least five years standing, to be Registrar of the Supreme Court and Deputy Registrar of the Supreme Court respectively.

  • Marginal note:Staff

    (2) Such other officers, clerks and employees as are required for the purposes of the Court shall be appointed under the Public Service Employment Act.

  • R.S., c. S-19, s. 12.

Marginal note:Tenure and salary

  •  (1) The Registrar and Deputy Registrar shall be appointed to hold office during pleasure and shall each be paid a salary to be fixed by the Governor in Council.

  • Marginal note:Duties

    (2) The Registrar and Deputy Registrar shall devote their full time to their respective positions and shall not receive any pay, fee or allowances in any form in excess of the amount provided under subsection (1).

  • R.S., c. S-19, s. 13.
 
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