Why Create a Supreme Court in 1875?
The Constitution Act of 1867 gave the new federal Parliament the power to create a general court of appeal for Canada. But what happened between Confederation and 1875?

Canada was a young country with a desire for national assertion and a practical need to harmonize the interpretation of federal laws across provinces with their own legal traditions. There were debates about necessity and form — some feared the Court would encroach on provincial powers or become too powerful. The idea was to have a national jurisdiction to standardize certain interpretations of the law.

The Path to Full Independence
At its creation, the Supreme Court wasn’t yet the court of last resort. The Judicial Committee of the Privy Council in London still had the final say. It wasn’t until 1933 that the Supreme Court became the final court of appeal for criminal matters, and 1949 for all other cases. That year marks the complete independence of the Canadian judicial system at its highest level.

The Reference Procedure
The Court doesn’t just decide disputes — it also has an important advisory role. The federal government can ask for its opinion on major legal questions, often related to the constitutionality of laws or the division of powers. Famous examples include the Patriation Reference in 1981 and the Quebec Secession Reference in 1998, moments where the Court played a crucial role in defining the country itself.

Nine Justices, One Court
In 1875, there were six judges. The number increased to seven in 1927, and finally to nine in 1949 — a number that has remained stable ever since. The quorum is five judges, but most important constitutional cases are heard by seven or all nine justices.

The Chief Justice presides, sitting in the centre, with other judges arranged by seniority of appointment. Despite sometimes diverging opinions, the nine justices work very collegially. Deliberations after hearings are secret and crucial. The Chief Justice also has a significant administrative role — somewhat like the CEO of the Court, its spokesperson, representing the Canadian judiciary nationally and internationally.

Appointment Process and Eligibility
Justices are appointed by the Governor General on the recommendation of the Prime Minister following consultation with a committee of jurists. Eligibility requires having been a judge of a provincial superior court or a lawyer who has been a member of the bar for at least 10 years.

A key rule: the Supreme Court Act guarantees that at least three of the nine judges must come from the bar or the Superior Judiciary of Quebec, ensuring representation of the civil law tradition.

Bilingual and Bijural: A Unique Court
The Supreme Court is not only bilingual but also bijural — it must master and apply both common law (prevailing in most of Canada, inherited from England) and Quebec civil law (inherited from France). This is unique in the world for a court of last resort.

By convention, regional balance is also maintained: three judges from Quebec, three from Ontario, two from the Western provinces (including the territories), and one from the Atlantic provinces. Justices serve until retirement or age 75.

Three Paths to the Supreme Court

1. Leave to Appeal — The most common path. Parties must convince the Court that their case raises an issue of public importance or a novel question of law never before decided, conflicting interpretations among provincial courts needing unification, or matters affecting a large number of Canadians.
2. Appeals as of Right — Rarer, provided directly by law in specific circumstances, often in criminal matters.
3. Reference Procedure — The government asks for a legal opinion on constitutional questions.

How the Court Works
The Supreme Court doesn’t conduct new trials, hear witnesses, or accept new evidence. It reviews records from lower courts, written arguments (factums), and hears oral arguments. These hearings are public and often webcast. Transparency is the principle, with exceptions for publication bans or closed hearings in sensitive cases.

The Court makes significant efforts to be accessible: plain-language summaries (Cases in Brief), guided tours, school programs, and judges actively participating in conferences and meeting with students, journalists, and the legal community.

A Living Institution
The Court is 150 years old but not frozen in time. Recent historic appointments reflect Canada’s evolution:

• Justice Mary T.Moreau (2023) — Creating the Court’s first female majority
• Justice Mahmud Jamal (2021) — The first judge of colour
• Justice Michelle O’Bonsawin (2022) — The first Indigenous justice

In 2021, the Court’s symbols were modernized with new armorial bearings featuring vertical red bands symbolizing bilingualism, bijuralism, and Indigenous contributions (recalling the Two Row Wampum belt), a central lozenge representing the nine judges, the royal crown, and the motto Justitia et Veritas (Justice and Truth).

The Building
The iconic building on Wellington Street in Ottawa, where the Court moved in 1946, is the work of Montréal architect Ernest Cormier. His Art Deco style, quality materials, and symbolic details — including the Justice and Truth statues at the entrance — make it more than an administrative building. Inside: the grand courtroom and one of the country’s most important law libraries.

150th Anniversary Theme
“One hundred and fifty years upholding the rule of law, inspiring public confidence, and serving the community.”

Exclusive Access
All nine currently sitting justices will participate in the series, each sharing their favourite decision — a unique and personal perspective on Canada’s legal history.