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The history of the Supreme Court of Canada can be divided into three eras. Initially, from the Court's inception in 1975 to 1949, the Court remained largely reserved and conservative. It often struggled to maintain its supremacy as it was often overturned on major issues by the Privy Council. The second era spanned from the abolition of appeals to the Privy Council in 1949 until the introduction of the Charter in 1982. This period consisted of a gradual ligitimization of the Court as the supreme judicial body in the country, and a liberalization of much of its jurisprudence. The adoption of the Charter proved to be a dramatic change in the role of the Court in Canadian Society. Under the Charter, the Court moved aggressively into many areas of laws, creating broad protection of civil liberties, aboriginal rights, and equality rights. The Supreme Court Building in Ottawa The Supreme Court of Canada (French: Cour suprême du Canada) is highest court of Canada and is the final court of appeal for all litigants in the Canadian justice system. ...
The Judicial Committee of the Privy Council is one of the highest courts in the United Kingdom. ...
The Canadian Charter of Rights and Freedoms is a constitutionally entrenched bill of rights which forms part of the Constitution Act, 1982, added to the Constitution of Canada in 1982. ...
Origins
The creation of the Court was authorized by the Constitution Act, 1867 (formerly called the British North America Act 1867). The first bills for its creation, introduced in the Parliament of Canada in 1869 and in 1870, were withdrawn. On April 8, 1875, however, a new bill was finally passed. The statesmen most prominent in establishing the Supreme Court were Sir John A. Macdonald, Télesphore Fournier, Alexander Mackenzie, and Edward Blake. The Constitution Act, 1867, formerly known as the British North America Act, 1867, comprises a major part of the Constitution of Canada. ...
The British North America Acts 1867–1975 are a series of Acts of the British Parliament dealing with the government of Canada. ...
The Parliament of Canada (French: Parlement du Canada) is Canadas legislative branch, seated at Parliament Hill in Ottawa, Ontario. ...
April 8 is the 98th day of the year in the Gregorian calendar (99th in leap years). ...
1875 was a common year starting on Friday (see link for calendar). ...
The Right Honourable Sir John Alexander Macdonald, KCMG, GCB, QC, PC, DCL, LL.D (January 11, 1815 – June 6, 1891) was the first Prime Minister of Canada from July 1, 1867 – November 5, 1873 and October 17, 1878 – June 6, 1891. ...
The Honourable Télesphore Fournier (August 5, 1823 – May 10, 1896) was a Canadian politician and jurist. ...
for the explorer see Alexander MacKenzie The Honourable Alexander Mackenzie, PC (January 28, 1822 – April 17, 1892), a building contractor and writer, was the second Prime Minister of Canada from November 7, 1873 to October 8, 1878. ...
Edward Blake The Honourable Dominick Edward Blake, PC (October 13, 1833 – March 1, 1912), (known as Edward Blake ) was Premier of Ontario, Canada, from 1871 to 1872 and leader of the Liberal Party of Canada from 1880 to 1887. ...
Initially, there were only six judges on the Supreme Court. This eventually resulted in several even split decisions, and it was eventually increased to seven in 1921. It was not until 1949, with the abolition of appeals to the Judicial Committee of the Privy Council, that there was a full compliment of nine judges.
Image File history File links Original courtroom of the Supreme Court of Canada, Source:National Archives of Canada File history Legend: (cur) = this is the current file, (del) = delete this old version, (rev) = revert to this old version. ...
Image File history File links Original courtroom of the Supreme Court of Canada, Source:National Archives of Canada File history Legend: (cur) = this is the current file, (del) = delete this old version, (rev) = revert to this old version. ...
Under the Privy Council In the early days the Supreme Court was not the court of last resort for cases: all cases could be appealed to the Judicial Committee of the Privy Council in London. As well, cases could bypass the Court and go directly to London from the provincial courts of appeal. The decisions of the Supreme on the interpretation of the Constitution tended to support the popular view that it was intended to create a powerful central government. The Privy Council, however, held a distinctly opposite view of the Constitution as providing for strong provincial powers [1]. The decisions of Lords Haldane and Watson strongly reflected this view in their decisions which became increasingly unpopular. In many of their decisions they interpreted the Trade and Commerce power as well as the peace, order and good government power of the federal government to be exceptionally limited. Many of these decisions had the result of striking down a number of reforms proposed by both the Conservative Government of R. B. Bennett and the following Liberal government of MacKenzie King, despite public support. Consequently, provincial governments began to demand the federal government press the UK for judicial independence. The Supreme Court of Canada formally became the court of last resort for criminal appeals in 1933 and for all other appeals in 1949. The supreme court in some countries, provinces, and states, is the highest court in that jurisdiction and functions as a court of last resort whose rulings cannot be appealed. ...
The Judicial Committee of the Privy Council is one of the highest courts in the United Kingdom. ...
London is the capital city of the United Kingdom and of England. ...
Lord Watson can refer to: William Watson, Baron Watson (1827 - 1899) Mike Watson, Baron Watson of Invergowrie (born 1949) Alan Watson, Baron Watson of Richmond (born 1941) This is a disambiguation page: a list of articles associated with the same title. ...
In Canada, the phrase peace, order and good government (in French, paix, dordre et de bon gouvernement) is often used to describe the principles upon which that countrys confederation took place. ...
1933 (MCMXXXIII) was a common year starting on Sunday (link will take you to calendar). ...
1949 (MCMXLIX) is a common year starting on Saturday. ...
Laskin Court The appointment of Laskin as Chief Justice in 1973 represented a major turning point for the Court. Many of the Laskin Court justices were either academics or well respected practicioners, most had several years experience in appellate courts. Laskin's federalist and liberal views were an influence in many of the Court's decisions.
Dickson Court The beginning of the Dickson Court corresponds with the first of the Charter cases heard by the Supreme Court. The Charter cases
Lamer Court Lamer's criminal law background proved an influence on the number of criminal cases heard by the Court during his time as Chief Justice. Nonetheless, the Lamer Court was more conservative with Charter rights, with only about 1 percent success rate for Charter claimant.
McLachlin Court The appointment of McLachlin as Chief Justice has resulted in a more centrist and unified Court. Dissenting and concurring opinions are fewer than they were during the Dickson and Lamer Courts.
References - McCormick, P., "Supreme At Last. The Evolution of the Supreme Court of Canada" (Toronto: James Lorimer & Company Ltd., 2000).
External links - history of the Duff Court
- Charter trends of the Supreme Court of Canada
- statistics of case intake from 1994 - 2004
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