Supreme Court Act
Encyclopedia
The Supreme Court Act is an Act passed by the Parliament of Canada
which established the Supreme Court of Canada
. It was originally passed in 1875 as the Supreme and Exchequer Courts Act. At the time, the Supreme Court was not the supreme authority on Canadian law, as Supreme Court cases could still be appealed to the Judicial Committee of the Privy Council
.
The Supreme Court Act is not a part of the Constitution of Canada
but rather was merely within Parliament's ability to pass by virtue of section 101 of the Constitution Act, 1867
. The Supreme Court Act also was not named as part of the Constitution during patriation
in 1982, although the Court itself is mentioned in the amending formula
. As the Court is defined in a regular statute
, in theory, the Court could be abolished by an act of the federal government. However, in practice, the Court is so well entrenched into the fabric of the government that jurists see the abolition of the Court to be extremely unlikely.
s. This has been controversial as the Constitution Act, 1867 provides for a general court of appeal, but not for a court that may receive reference questions; however, this provision has been upheld as constitutional.
In Reference re Secession of Quebec
, the Supreme Court examined the applicability of section 53. The Quebec government argued that the right to secede was an invalid basis for a reference question, but the Court disagreed.
Parliament of Canada
The Parliament of Canada is the federal legislative branch of Canada, seated at Parliament Hill in the national capital, Ottawa. Formally, the body consists of the Canadian monarch—represented by her governor general—the Senate, and the House of Commons, each element having its own officers and...
which established the Supreme Court of Canada
Supreme Court of Canada
The Supreme Court of Canada is the highest court of Canada and is the final court of appeals in the Canadian justice system. The court grants permission to between 40 and 75 litigants each year to appeal decisions rendered by provincial, territorial and federal appellate courts, and its decisions...
. It was originally passed in 1875 as the Supreme and Exchequer Courts Act. At the time, the Supreme Court was not the supreme authority on Canadian law, as Supreme Court cases could still be appealed to the Judicial Committee of the Privy Council
Judicial Committee of the Privy Council
The Judicial Committee of the Privy Council is one of the highest courts in the United Kingdom. Established by the Judicial Committee Act 1833 to hear appeals formerly heard by the King in Council The Judicial Committee of the Privy Council (JCPC) is one of the highest courts in the United...
.
The Supreme Court Act is not a part of the Constitution of Canada
Constitution of Canada
The Constitution of Canada is the supreme law in Canada; the country's constitution is an amalgamation of codified acts and uncodified traditions and conventions. It outlines Canada's system of government, as well as the civil rights of all Canadian citizens and those in Canada...
but rather was merely within Parliament's ability to pass by virtue of section 101 of the Constitution Act, 1867
Constitution Act, 1867
The Constitution Act, 1867 , is a major part of Canada's Constitution. The Act created a federal dominion and defines much of the operation of the Government of Canada, including its federal structure, the House of Commons, the Senate, the justice system, and the taxation system...
. The Supreme Court Act also was not named as part of the Constitution during patriation
Patriation
Patriation is a non-legal term used in Canada to describe a process of constitutional change also known as "homecoming" of the constitution. Up until 1982, Canada was governed by a constitution that was a British law and could be changed only by an Act of the British Parliament...
in 1982, although the Court itself is mentioned in the amending formula
Amendments to the Constitution of Canada
Amendments to the Constitution of Canada are changes to the Constitution of Canada initiated by the government. Only since 1982 has there been an official protocol to amend the Constitution.- History :...
. As the Court is defined in a regular statute
Statute
A statute is a formal written enactment of a legislative authority that governs a state, city, or county. Typically, statutes command or prohibit something, or declare policy. The word is often used to distinguish law made by legislative bodies from case law, decided by courts, and regulations...
, in theory, the Court could be abolished by an act of the federal government. However, in practice, the Court is so well entrenched into the fabric of the government that jurists see the abolition of the Court to be extremely unlikely.
Section 53
Section 53 gives the government the ability to submit Reference questionReference question
In Canadian law, a Reference Question is a submission by the federal or a provincial government to the courts asking for an advisory opinion on a major legal issue. Typically the question concerns the constitutionality of legislation....
s. This has been controversial as the Constitution Act, 1867 provides for a general court of appeal, but not for a court that may receive reference questions; however, this provision has been upheld as constitutional.
In Reference re Secession of Quebec
Reference re Secession of Quebec
Reference re Secession of Quebec, [1998] 2 S.C.R. 217 was an opinion of the Supreme Court of Canada regarding the legality, under both Canadian and international law, of a unilateral secession of Quebec from Canada....
, the Supreme Court examined the applicability of section 53. The Quebec government argued that the right to secede was an invalid basis for a reference question, but the Court disagreed.