Supreme Court of Canada

 

At the very end of the court process, after the Quebec Court of Appeal, the last court to go to is the Supreme Court of Canada. This court is located in Ottawa, but it is possible to attend by videoconference from across Canada. It has only nine judges, and three of them must come from Quebec. The cases we are dealing with in the Supreme Court are appeals or referrals.

On appeal, the Supreme Court heard cases from the last Canadian provincial and territorial court and the Federal Court of Appeal. In many cases, the person who wants to submit a case to the Supreme Court must first ask permission to do so. Three judges of the Supreme Court will then decide whether or not this case should be seen by the Court.

The Government of Canada can refer the Supreme Court to ask questions directly

The Government of Canada can refer the Supreme Court to ask questions directly

The findings and directions of the Court will thus help to avoid making a mistake.

Each case is presented to at least five judges

Each case is presented to at least five judges

In fact, there are often seven and even nine when a file appears particularly important. All the evidence, all the evidence, all the conclusions of the previous courses are in the file. In practice, a hearing before the Supreme Court is therefore limited to a presentation by each of the lawyers.

The final judgment will be that of the majority of the judges, but each one of them can state the reasons which lead him to conclude one way or the other. These patterns will be read and applied throughout Canada in similar cases. For this reason, it is common for provinces, associations or even individuals to be allowed to participate in the hearing. Imagine, for example, that the Supreme Court is asked to declare void a Manitoba law preventing trout fishing. The judgment of the Supreme Court could therefore prevent all other provinces from passing a law to the same effect. It is normal then that other provinces or an association of sport fishermen want to make their point of view heard.

Important!
This article explains generally the law in force in Quebec and is not a legal opinion or advice. For rules specific to your situation, consult a lawyer or notary.