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

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.

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.