THE SUPREME COURT ACT R.S., 1952, CHAPTER 259 An Act respecting the Supreme Court of Canada (1) SHORT TITLE 1. This Act may be cited as the Supreme Court Act. Short title. R.S., c. 35, s. 1. 2. In this Act, INTERPRETATION Definitions. (a) "appeal" includes any proceeding to set aside or vary “Appeal.” any judgment of the court appealed from; (b) "final judgment" means any judgment, rule, order or "Final decision that determines in whole or in part any judgment." substantive right of any of the parties in controversy in any judicial proceeding; (c) "judge" means a judge of the Supreme Court of "Judge." (d) "judgment," when used with reference to the court "Judgment." (e) "judicial proceeding" means and includes any action, "Judicial a regulative, administrative, or executive jurisdiction; (f) "Registrar" means the Registrar of the Supreme Court; "Registrar.” (1) From the discussions at the Imperial Conference of 1926 it became clear that it was no part of the policy of His Majesty's government in Great Britain that questions affecting judicial appeals should be determined otherwise than in accordance with the wishes of the part of the empire primarily affected. Appeals to the Privy Council in criminal matters were abolished by c. 53 (section 17) of the Statutes of 1932-33. After a Reference to the Supreme Court and to the Privy Council the Supreme Court was given exclusive ultimate appellate civil and criminal jurisdiction within and for Canada by c. 37 (s. 3) of the Statutes of 1949 (2nd Session). See s. 54 of the present Statute. "Supreme Court." "Witness." Original Court continued. Constitution of Court. Who may be appointed judges. Three judges from Province of Quebec. No other office to be held. Residence. Tenure of office. Cessation of office. Oath (h) "the Supreme Court" or "the Court" means the Supreme Court of Canada; (i) "witness" means any person, whether a party or not, to be examined under the provisions of this Act. R.S., c. 35, s. 2. THE COURT 3. The court of common law and equity in and for Canada now existing under the name of the Supreme Court of Canada is hereby continued under that name, as a general court of appeal for Canada, and as an additional court for the better administration of the laws of Canada, and shall continue to be a court of record. R.S., c. 35, s. 3. THE JUDGES 4. The Supreme Court shall consist of a chief justice to be called the Chief Justice of Canada, and eight puisne judges, who shall be appointed by the Governor in Council by letters patent under the Great Seal. 1949 (2nd Sess.), c. 37, s. 1. 5. Any person may be appointed a judge who is or has been a judge of a superior court of any of the provinces of Canada, or a barrister or advocate of at least ten years' standing at the bar of any of the said provinces. R.S., c. 35, s. 5. 6. Three at least of the judges shall be appointed from among the judges of the Court of Queen's Bench, or of the Superior Court, or the barristers or advocates of the Province of Quebec. 1949 (2nd Sess.), c. 37, s. 1. 7. No judge shall hold any other office of emolument either under the Government of Canada or under the government of any province of Canada. R.S., c. 35, s. 7. 8. The judges shall reside at the City of Ottawa, or within five miles thereof. R.S., c. 35, s. 8. 9. (1) Subject to subsection (2), the judges hold office during good behaviour, but are removable by the Governor General on address of the Senate and House of Commons. (2) A judge ceases to hold office upon attaining the age of seventy-five years. 1949 (2nd Sess.), c. 37, s. 1. 10. Every judge shall, before entering upon the duties of his office as such judge, take an oath in the following form: I, do solemnly and sincerely promise and swear that I will duly and faithfully, and to the best of my skill and knowledge, execute the powers and trusts reposed in me as Chief Justice (or as one of the judges) of the Supreme Court of Canada. So help me God. R.S., c. 35, s. 10. 11. The oath referred to in section 10 shall be administered How admin to the Chief Justice before the Governor General, or person istered. administering the Government of Canada, in Council, and to the puisne judges by the Chief Justice, or, in his absence or illness, by any other judge present at Ottawa. R.S., c. 35, s. 11. THE REGISTRAR AND OTHER OFFICERS 12. (1) The Governor in Council may by instruments | Appointunder the Great Seal appoint fit and proper persons, being ment of Registrar barristers of at least five years' standing, to be Registrar of the and Deputy Supreme Court and Deputy Registrar of the Supreme Court Registrar. respectively. (2) Such other officers, clerks and employees as are Staff. required for the purposes of the Court shall be appointed under the provisions of the Civil Service Act. 1956, c. 48, s. 1. and salary. 13. (1) The Registrar and Deputy Registrar shall be Tenure appointed to hold office during pleasure and shall each be paid a salary to be fixed by the Governor in Council. Secs. 12 to (2) The Registrar and Deputy Registrar shall devote their Duties. full time to their respective positions and shall not receive any pay, fee or allowances in any form in excess of the amount provided under subsection (1). 1956, c. 48, s. 1. 20 rep. & new 1956, c. 48, s. 1. residence. 14. The Registrar shall keep an office at the City of Office and Ottawa and the Registrar and Deputy Registrar shall reside at the City of Ottawa or within five miles thereof. 1956, c. 48, s. 1. 15. Subject to the direction of the Minister of Justice, the Functions Registrar shall superintend the officers, clerks and employees of Registrar. appointed to the Court. 1956, c. 48, s. 1. 16. The Registrar shall, under the supervision of the Library. Minister of Justice, manage and control the library of the Court and the purchase of all books therefor. 1956, c. 48, s. 1. 17. The Registrar or the Deputy Registrar, as the Minister Reports. directs, shall report and publish the judgments of the Court. 1956, c. 48, s. 1. 18. The Registrar has such authority to exercise the juris- Jurisdiction diction of a judge sitting in chambers as may be conferred upon as judge in him by general rules or orders made under this Act. 1956, c. 48, s. 1. chambers. Duties of 19. The Deputy Registrar shall exercise and perform such of the powers and duties of the Registrar as are assigned to him Registrar. by the Registrar, and may exercise and perform all the powers Application of Civil Service Act and Superannuation Act. Sheriff. Who may practise as barristers. And solicitors. Practitioners to be officers of the Court. Quorum of judges. As to delivery of judgments. Opinion of absent judge may be read. and duties of the Registrar in the event that the Registrar is absent or unable to act or the office of Registrar is vacant. 1956, c. 48, s. 1. 20. The provisions of the Civil Service Act and the Public Service Superannuation Act, so far as applicable, extend and apply to the Registrar and Deputy Registrar. 1956, c. 48, s. 1. 21. The Sheriff of the County of Carleton, in the Province of Ontario, is ex officio an officer of the Court and shall perform the duties and functions of a sheriff in connection therewith. R.S., c. 35, s. 21. BARRISTERS AND SOLICITORS 22. All persons who are barristers or advocates in any of the provinces of Canada may practise as barristers, advocates and counsel in the Supreme Court. R.S., c. 35, s. 22. 23. All persons who are attorneys or solicitors of the superior courts in any of the provinces of Canada may practise as attorneys, solicitors and proctors in the Supreme Court. R.S., c. 35, s. 23. 24. All persons who may practise as barristers, advocates, counsel, attorneys, solicitors or proctors in the Supreme Court are officers of the Court. R.S., c. 35, s. 24. SESSIONS AND QUORUM 25. Any five of the judges of the Supreme Court shall constitute a quorum and may lawfully hold the Court. R.S., c. 35, s. 25. 26. It is not necessary for all the judges who have heard the argument in any case to be present in order to constitute the Court for delivery of judgment in that case, but in the absence of any judge, from illness or any other cause, judgment may be delivered by a majority of the judges who were present at the hearing. R.S., c. 35, s. 26. 27. (1) Any judge who has heard the case and is absent at the delivery of judgment, may hand his opinion in writing to any judge present at the delivery of judgment, to be read or announced in open court, and then to be left with the Registrar or reporter of the Court. (2) A judge who has resigned his office, or who has ceased to hold office under the provisions of section 9 shall, within six months thereafter, for the purposes of this section, be deemed to be absent at the delivery of judgment in any case heard by him in which judgment has not been delivered during his tenure of office. R.S., c. 35, s. 27; 1929, c. 58, s. 1. When opinion of judge who is retired or hold office may be read. ceases to judge may not sit. 28. (1) No judge against whose judgment an appeal is When a brought, or who took part in the trial of the cause or matter, or in the hearing in a court below, shall sit or take part in the hearing of or adjudication upon the proceedings in the Supreme Court. (2) In any cause or matter in which a judge is unable to sit or take part in consequence of this section, any four of the other judges of the Supreme Court constitute a quorum and may lawfully hold the Court. R.S., c. 35, s. 28. Quorum in such case. 29. Any four judges constitute a quorum and may lawfully Four judges hold the Court in cases where the parties consent to be heard before a court so composed. R.S., c. 35, s. 29. 30. (1) Where at any time there is not a quorum of the judges of the Supreme Court available to hold or continue any session of the Court, owing to a vacancy or vacancies, or to the absence through illness or on leave or in the discharge of other duties assigned by statute or order in council, or to the disqualification of a judge or judges, the Chief Justice, or, in his absence, the senior puisne judge, may in writing request the attendance at the sittings of the Court, as an ad hoc judge, for such period as may be necessary, of a judge of the Exchequer Court, or, should the judges of the said court be absent from Ottawa or for any reason unable to sit, of a judge of a provincial superior court to be designated in writing by the Chief Justice or in his absence by any Acting Chief Justice or the senior puisne judge of such provincial court upon such request being made to him in writing. a quorum by consent. Appoint ment of (2) Unless two of the judges of the Supreme Court available Quebec fulfil the requirements of section 6, the ad hoc judge for the appeals. hearing of an appeal from a judgment rendered in the Province of Quebec shall be a judge of the Court of Queen's Bench or a judge of the Superior Court of that Province designated as above provided. ment. (3) A duplicate of the requisition of the Chief Justice or Evidence. senior puisne judge and where a judge of a provincial court is of appointdesignated to act, the letter designating him shall be filed with the registrar and is conclusive evidence of the authority of the |