History of the Supreme Court of Canada
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of Canada |
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| The Court |
| History · Act · Process |
| Current members |
| Beverley McLachlin |
| Michel Bastarache · Ian Binnie |
| Louis LeBel · Marie Deschamps |
| Morris Fish · Rosalie Abella |
| Louise Charron · Marshall Rothstein |
| All members |
| Past Chief Justices · Past Puisne Justices |
| by Court composition · by time in office |
| Judgments |
The history of the Supreme Court of Canada can be divided into three eras. Initially, from the Court's inception in 1875 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.
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[edit] Origins
With the formation of the Dominion of Canada in 1867 there was a growing movement to create a final court of appeal for the new country. John A. Macdonald, along with Télésphore Fournier, Alexander Mackenzie, and Edward Blake championed the creation of a Supreme Court. However, those strongly loyal to the English tradition opposed it and managed to get bills withdrawn in both 1869 and 1870. Additionally, there was resistance from Quebec until the Guibord case demonstrated to them that JCPC cases could not always be sensitive to their religious culture. It was not until April 8, 1875 that the bill was finally passed.
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 complement of nine judges.
The Court was inaugurated in November 18, 1875. Initially they sat in the Railway Committee Room inside the Parliament buildings. They moved around among several vacant rooms until 1882 when they were relocated to a newly renovated building at the entrance of Parliament that had been used as a carriage house. It was only in 1949 that they were relocated in the Court House where they preside today.
The Court's first sitting was on January 17th, but since there were no cases to be heard they adjourned until spring. That April the Court was given a reference question from the Canadian Senate (In Re "The Brothers of the Christian Schools in Canada"). The Senate wanted to know if a bill entitled "An Act to incorporate the Brothers of the Christian Schools in Canada" was constitutional and within the authority of the federal government. Only Ritchie, Strong and Fournier JJ. were in attendance, each only giving a short judgement. It was not until June that the Court heard its first case with Kelly v. Sullivan.
[edit] 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 . 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.
[edit] 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 practitioners, most had several years experience in appellate courts. Laskin's federalist and liberal views were an influence in many of the Court's decisions.
[edit] Dickson Court
The beginning of the Dickson Court corresponds to the first of the Charter cases heard by the Supreme Court.
[edit] 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 a one-percent success rate for Charter claimants.
[edit] 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 during the Dickson and Lamer Courts.
[edit] References
- McCormick, P., "Supreme At Last. The Evolution of the Supreme Court of Canada" (Toronto: James Lorimer & Company Ltd., 2000).
