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

Marginal note:Appeals under other Acts

41 Notwithstanding anything in this Act, the Court has jurisdiction as provided in any other Act conferring jurisdiction.

Marginal note:No appeal from discretionary orders

• 42 (1) No appeal lies to the Court from a judgment or order made in the exercise of judicial discretion except in proceedings in the nature of a suit or proceeding in equity originating elsewhere than in the Province of Quebec and except in mandamus proceedings.

• Marginal note:Exception

  (2) This section does not apply to an appeal under section 40.

Marginal note:Applications for leave to appeal

• 43 (1) Notwithstanding any other Act of Parliament but subject to subsection (1.2), an application to the Supreme Court for leave to appeal shall be made to the Court in writing and the Court shall

  • (a) grant the application if it is clear from the written material that it does not warrant an oral hearing and that any question involved 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 the 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;

  • (b) dismiss the application if it is clear from the written material that it does not warrant an oral hearing and that there is no question involved as described in paragraph (a); and

  • (c) order an oral hearing to determine the application, in any other case.

• Marginal note:Remand of case

  (1.1) Notwithstanding subsection (1), the Court may, in its discretion, remand the whole or any part of the case to the court appealed from or the court of original jurisdiction and order any further proceedings that would be just in the circumstances.

• Marginal note:Mandatory oral hearing

  (1.2) On the request of the applicant, an oral hearing shall be ordered to determine an application for leave to appeal to the Court from a judgment of a court of appeal setting aside an acquittal of an indictable offence and ordering a new trial if there is no right of appeal on a question of law on which a judge of the court of appeal dissents.

• Marginal note:Time for oral hearing

  (2) Where the court makes an order for an oral hearing, the oral hearing shall be held within thirty days after the date of the order or such further time as the Court determines.

• Marginal note:Quorum

  (3) Any three judges of the Court constitute a quorum for the consideration and determination of an application for leave to appeal, whether or not an oral hearing is ordered.

• Marginal note:Exception

  (4) Notwithstanding subsection (3), five judges of the Court constitute a quorum in the case of an application for leave to appeal from a judgment of a court

  • (a) quashing a conviction of an offence punishable by death; or

  • (b) dismissing an appeal against an acquittal of an offence punishable by death, including an acquittal in respect of a principal offence where the accused has been convicted of an offence included in the principal offence.

Judgments

Marginal note:Quashing proceedings in certain cases

44 The Court may quash proceedings in cases brought before it in which an appeal does not lie, or whenever such proceedings are taken against good faith.

Marginal note:Appeal may be dismissed or judgment given

45 The Court may dismiss an appeal or give the judgment and award the process or other proceedings that the court whose decision is appealed against should have given or awarded.

Marginal note:New trial may be ordered

46 On any appeal, the Court may, in its discretion, order a new trial if the ends of justice seem to require it, although a new trial is deemed necessary on the ground that the verdict is against the weight of evidence.

Marginal note:Appeal may be remanded

46.1 The Court may, in its discretion, remand any appeal or any part of an appeal to the court appealed from or the court of original jurisdiction and order any further proceedings that would be just in the circumstances.

Costs

Marginal note:Payment of costs

47 The Court may, in its discretion, order the payment of the costs of the court appealed from, of the court of original jurisdiction, and of the appeal, or any part thereof, whether the judgment is affirmed, or is varied or reversed.

Amendments

Marginal note:Necessary amendments

• 48 (1) At any time during the pendency of an appeal before the Court, the Court may, on the application of any of the parties, or without any such application, make all such amendments as are necessary for the purpose of determining the appeal or the real question or controversy between the parties as disclosed by the pleadings, evidence or proceedings.

• Marginal note:At whose instance

  (2) An amendment referred to in subsection (1) may be made, whether the necessity for it is or is not occasioned by the defect, error, act, default or neglect of the party applying to amend.

Marginal note:Conditions

49 Every amendment shall be made on such terms as to payment of costs, postponing the hearing or otherwise as to the Court seem just.

Interest

Marginal note:Interest

50 Unless otherwise ordered by the Court, a judgment of the Court bears interest at the rate and from the date applicable to the judgment in the same matter of the court of original jurisdiction or at the rate and from the date that would have been applicable to that judgment if it had included a monetary award.

Certificate of Judgment

Marginal note:Judgment to be carried out by court below

51 The judgment of the Court in appeal shall be certified by the Registrar to the proper officer of the court of original jurisdiction, who shall make all proper and necessary entries thereof, and all subsequent proceedings may be taken thereon as if the judgment had been given or pronounced in the last mentioned court.

Judgment Final and Conclusive

Marginal note:Exclusive ultimate appellate jurisdiction

52 The Court shall have and exercise exclusive ultimate appellate civil and criminal jurisdiction within and for Canada, and the judgment of the Court is, in all cases, final and conclusive.

Special Jurisdiction

References by Governor in Council

Marginal note:Referring certain questions for opinion

• 53 (1) The Governor in Council may refer to the Court for hearing and consideration important questions of law or fact concerning

  • (a) the interpretation of the Constitution Acts;

  • (b) the constitutionality or interpretation of any federal or provincial legislation;

  • (c) the appellate jurisdiction respecting educational matters, by the Constitution Act, 1867, or by any other Act or law vested in the Governor in Council; or

  • (d) the powers of the Parliament of Canada, or of the legislatures of the provinces, or of the respective governments thereof, whether or not the particular power in question has been or is proposed to be exercised.

• Marginal note:Other questions

  (2) The Governor in Council may refer to the Court for hearing and consideration important questions of law or fact concerning any matter, whether or not in the opinion of the Court ejusdem generis with the enumerations contained in subsection (1), with reference to which the Governor in Council sees fit to submit any such question.

• Marginal note:Questions deemed important

  (3) Any question concerning any of the matters mentioned in subsections (1) and (2), and referred to the Court by the Governor in Council, shall be conclusively deemed to be an important question.

• Marginal note:Opinion of Court

  (4) Where a reference is made to the Court under subsection (1) or (2), it is the duty of the Court to hear and consider it and to answer each question so referred, and the Court shall certify to the Governor in Council, for his information, its opinion on each question, with the reasons for each answer, and the opinion shall be pronounced in like manner as in the case of a judgment on an appeal to the Court, and any judges who differ from the opinion of the majority shall in like manner certify their opinions and their reasons.

• Marginal note:Notice to be given to provinces interested

  (5) Where the question relates to the constitutional validity of any Act passed by the legislature of any province, or of any provision in any such Act, or in case, for any reason, the government of any province has any special interest in any such question, the attorney general of the province shall be notified of the hearing in order that the attorney general may be heard if he thinks fit.

• Marginal note:Notice to interested persons

  (6) The Court has power to direct that any person interested or, where there is a class of persons interested, any one or more persons as representatives of that class shall be notified of the hearing on any reference under this section, and those persons are entitled to be heard thereon.

• Marginal note:Appointment of counsel by Court

  (7) The Court may, in its discretion, request any counsel to argue the case with respect to any interest that is affected and with respect to which counsel does not appear, and the reasonable expenses thereby occasioned may be paid by the Minister of Finance out of any moneys appropriated by Parliament for expenses of litigation.

References by Senate or House of Commons

Marginal note:Report on private bill or petition

54 The Court, or any two of the judges, shall examine and report on any private bill or petition for a private bill presented to the Senate or House of Commons and referred to the Court under any rules or orders made by the Senate or House of Commons.

Certiorari

Marginal note:Writ of certiorari

55 A writ of certiorari may, by order of the Court or a judge, issue out of the Court to bring up any papers or other proceedings had or taken before any court, judge or justice of the peace, and that are considered necessary with a view to any inquiry, appeal or other proceeding had or to be had before the Court.

Procedure in Appeals

The Appeal

Marginal note:Proceedings in appeal

56 Proceedings on an appeal shall, when not otherwise provided for by this Act, the Act providing for the appeal or the general rules and orders of the Court, be in conformity with any order made, on application by a party to the appeal, by the Chief Justice or, in the absence of the Chief Justice, by the senior puisne judge present.

Marginal note:Limited appeal

57 The appellant may appeal from the whole or any part of any judgment or order and, if the appellant intends to limit the appeal, the notice of appeal shall so specify.

Marginal note:Time periods for appeals

• 58 (1) Subject to this Act or any other Act of Parliament, the following provisions with respect to time periods apply to proceedings in appeals:

  • (a) in the case of an appeal for which leave to appeal is required, the notice of application for leave to appeal and all materials necessary for the application shall be served on all other parties to the case and filed with the Registrar of the Court within sixty days after the date of the judgment appealed from; and

  • (b) in the case of an appeal for which leave to appeal is not required or in the case of an appeal for which leave to appeal is required and has been granted, a notice of appeal shall be served on all other parties to the case and filed with the Registrar of the Court within thirty days after the date of the judgment appealed from or the date of the judgment granting leave, as the case may be.

• Marginal note:Computation of time periods

  (2) The month of July shall be excluded in the computation of a time period referred to in subsection (1).