(2) The rules and orders may extend to any matter of procedure or otherwise not provided for by this Act, but for which it is found necessary to provide, in order to ensure the proper working of this Act and the better attainment of the objects thereof. Appeal with leave of Federal Court of Appeal. 79 Unless otherwise ordered by the Chief Justice or one of the puisne judges at the Chief Justice’s direction, the appeals set down for hearing shall be, (a) entered by the Registrar on a list in the order in which they have been inscribed for hearing; and. Exclusive ultimate appellate jurisdiction. In the event that there is a question about the content of a judgment, the original in the court file takes precedence. 26 (1) A judgment of the Supreme Court may be delivered. As the press release (soon to be available on the CanLII blog) says: (3) Every commissioner empowered pursuant to subsection (1) shall be styled “a commissioner for administering oaths in the Supreme Court of Canada”. 98 Any moneys or costs awarded to the Crown shall be paid to the Receiver General, and the Minister of Finance shall cause to be paid out of any unappropriated moneys forming part of the Consolidated Revenue Fund any moneys or costs awarded to any person against the Crown. 60 (1) An appeal shall be brought, within the time prescribed by section 58 or allowed under section 59, by, (a) serving a notice of appeal on all parties directly affected; and. 91 (1) All examinations taken in Canada pursuant to this Act shall be returned to the Court. (e) a consul, vice-consul, acting consul, pro-consul or consular agent of Her Majesty exercising his functions in any foreign place and certified under his official seal. (5) Where the question relates to the constitutional validity of any Act passed by the legislature of any province, or of any provision in any such Act, or in case, for any reason, the government of any province has any special interest in any such question, the attorney general of the province shall be notified of the hearing in order that the attorney general may be heard if he thinks fit. Under the rule, parties cannot enforce contractual provisions, triggered on the insolvency or bankruptcy of a â¦ (7) The Court may, in its discretion, request any counsel to argue the case with respect to any interest that is affected and with respect to which counsel does not appear, and the reasonable expenses thereby occasioned may be paid by the Minister of Finance out of any moneys appropriated by Parliament for expenses of litigation. Such a right could only be exercised unilaterally under certain circumstances, under current international law. 78 In the event of the death of a sole plaintiff or sole defendant before the judgment of the court in which an action or appeal is pending is delivered, and if the judgment is in favour of the deceased party, the other party, on entering a suggestion of the death, is entitled to proceed with and prosecute an appeal in the Supreme Court against the legal representatives of the deceased party, but the time limited for appealing shall not run until the legal representatives are appointed. (5) An ad hoc judge who attends at sittings of the Court or any conference of the judges called for the consideration of judgments in cases in which that judge sat shall be paid his travel expenses and shall receive an allowance for living expenses for each day that that judge is necessarily absent from his place of residence, as provided by the Judges Act. (a) for regulating the procedure of and in the Court and the bringing of cases before it from courts appealed from or otherwise, and for the effectual execution and working of this Act and the attainment of the intention and objects thereof; (b) for allowing appeals in forma pauperis by leave, notwithstanding the provisions of this Act or any other Act requiring the giving of security for costs, and for allowing a respondent leave to defend in forma pauperis; (c) for empowering the Registrar to do any such thing and transact any such business as is specified in the rules or orders, and to exercise any authority and jurisdiction in respect of the rules or orders as may be done, transacted or exercised by a judge sitting in chambers by virtue of any statute or custom or by the practice of the Court; (d) for fixing the fees and costs to be taxed and allowed to, and received and taken by, and the rights and duties of, the officers of the Court; (e) for awarding and regulating costs in the Court in favour of and against the Crown, as well as the subject; and. (2) The month of July shall be excluded in the computation of a time period referred to in subsection (1). 59 (1) Notwithstanding anything in this Act or any other Act of Parliament, the court proposed to be appealed from or any judge thereof or the Supreme Court or a judge thereof may under special circumstances, either before or after the expiration of a time period prescribed by section 58, extend that time period. 39 No appeal to the Court lies under section 37, 37.1 or 38 from a judgment in a criminal cause, in proceedings for or on, (a) a writ of habeas corpus, certiorari or prohibition arising out of a criminal charge; or. Acting and Additional Judges; Former Judges; Speeches; Admission as a legal practitioner. 57 The appellant may appeal from the whole or any part of any judgment or order and, if the appellant intends to limit the appeal, the notice of appeal shall so specify. Canada,  4 SCR 695, 1993 CanLII 55 (SCC); Thibaudeau v. Canada,  2 SCR 627, 1995 CanLII 99 (SCC)). 86 Every person authorized to take the examination of any witness pursuant to this Act shall take the examination on the oath of the witness, or on solemn affirmation, in any case in which solemn affirmation instead of oath is allowed by law. (4) Where judgment is delivered in a case pursuant to paragraph 26(1)(b), the Registrar shall send notices of the deposit of judgment to the solicitors of record for the case or their agents. 100 All fees payable to the Registrar under this Act shall be paid into the Consolidated Revenue Fund and the Registrar shall regulate the collection of those fees. Regulations made under this Act. (2) Where a judgment is delivered pursuant to paragraph (1)(a), a majority of the judges who have heard the case shall be present. (2) Unless two of the judges available fulfil the requirements of section 6, the ad hoc judge for the hearing of an appeal from a judgment rendered in the Province of Quebec shall be a judge of the Court of Appeal or a judge of the Superior Court of that Province designated in accordance with subsection (1). pursuant to sections 40(1) and 43(1) of the Supreme Court Act and rule 25(1) of the Rules of the Supreme Court of Canada from the judgment of the Federal Court of Appeal in file numbered A-408-09 made on April 29, 2011, and for an order: Setting aside paragraph 2(2) of the aforesaid judgment in which the Court answers ânoâ 64 The provisions of this Act requiring the deposit of security for costs do not apply to appeals by or on behalf of the Crown or in election cases, in cases in the Federal Court of Appeal or the Federal Court, in criminal cases or in proceedings for or on a writ of habeas corpus. 95 Every commissioner for administering oaths in the Supreme Court, who resides within Canada, may take and receive acknowledgments and any kind of recognizance in the Court. (4) It is the duty of the judge whose attendance has been so requested or who has been so designated, in priority to other duties of the office of that judge, to attend the sittings of the Court at the time and for the period for which his attendance is required, and while so attending that judge possesses the powers and privileges and shall discharge the duties of a puisne judge of the Court. Stay of execution — application for leave to appeal. 245 (SCC);8 NR 91;1976 CanLII â¦ The court held that: (2) Where the court appealed from is a court of appeal and execution has been already stayed in the case, the stay of execution continues without any new fiat until the decision of the appeal by the Supreme Court. 24 All persons who may practise as barristers, advocates, counsel, attorneys, solicitors or proctors in the Court are officers of the Court. 72 In the event of the death of one of several appellants, pending the appeal to the Court, a suggestion may be filed of the death, and the proceedings may thereupon be continued at the suit of and against the surviving appellant as if the surviving appellant were the sole appellant. (3) A duplicate of the requisition of the Chief Justice or senior puisne judge and, where a judge of a provincial court is designated to act, the letter designating that judge shall be filed with the Registrar and is conclusive evidence of the authority of the judge named therein to act under this section. (2) The first session shall begin on the fourth Tuesday in January, the second on the fourth Tuesday in April and the third on the first Tuesday in October, in each year. 61 Whenever error in law is alleged, the proceedings in the Court shall be in the form of an appeal. 16 The Registrar shall, under the supervision of the Chief Justice, manage and control the library of the Court and the purchase of all books therefor. (a) a commissioner authorized to take and receive affidavits to be used in Her Majesty’s High Court of Justice in England; (b) a notary public and certified under his hand and official seal; (c) a mayor or chief magistrate of any city, borough or town corporate in any part of the Commonwealth and Dependent Territories other than Canada, or in any foreign country, and certified under the common seal of that city, borough or town corporate; (d) a judge of any court of superior jurisdiction in any part of the Commonwealth and Dependent Territories other than Canada and certified under the seal of the court of which he is a judge; or. Gerard Mitchell is a graduate of UNB Law School. (4) The notice of appeal with evidence of service thereof shall be filed with the Registrar and a copy of the notice shall be filed with the clerk or other proper officer of the court appealed from within twenty-one days from the time prescribed by section 58 or allowed under section 59. 1 The Supreme Court of Canada, and the Exchequer Court of Canada, or the Supreme Court of Canada alone, according to the provisions of the Act of the Parliament of Canada, known as "The Supreme and Exchequer Court Act," shall have jurisdiction in the following cases, - (a) Of controversies between the Dominion of Canada â¦ 33 The Court may adjourn any session from time to time and meet again at the time appointed for the transaction of business. (3) The Court or a judge may, in the discretion of the Court or the judge, on special grounds and by special leave, receive further evidence on any question of fact, such evidence to be taken in the manner authorized by this Act, either by oral examination, by affidavit or by deposition, as the Court or the judge may direct. 85 (1) If a party to any proceeding had or to be had in the Court is desirous of having therein the evidence of any person, whether a party or not or whether resident within or outside Canada, the Court or a judge, if in the opinion of the Court or judge it is, owing to the absence, age or infirmity or the distance of the residence of that â¦ 31 (1) The Court may, in any Admiralty appeal, in which it may think it expedient to do so, call in the aid of one or more assessors specially qualified and try and hear that appeal, wholly or partially with the assistance of those assessors. After sorting, you will see the highest level of court that has dealt with the same case. (2) Such order shall thereupon be made as the Court or judge deems just. On April 4, 2018, Cheema applied to the Supreme Court of Canada for leave to appeal the decision of the Federal Court of Appeal. 90 Where the parties in any case pending in the Court consent in writing that a witness may be examined within or outside Canada by interrogatories or otherwise, the consent and the proceedings had under it are as valid in all respects as if an order had been made and the proceedings had under the order. Video about the Supreme Court and its work, Accord to strengthen the independence of the SCC, Policy for Access to Supreme Court of Canada Court Records, Additional Information about Court Records available on this website, Request for Registered Access to Court Records, Alphabetical List of all Chief Justices and Judges, Form 23A (Combined 23A and 23B Dynamic PDF), Notice to the Profession - Amendments to the, Answers to your questions in regards to the ending of the suspension period caused by COVID-19, Guidelines for Preparing Documents to be Filed with the Supreme Court of Canada (Print and Electronic), Filing electronic documents (CD/DVD-ROM or email attachments), How to Calculate Deadlines for Serving and Filing Documents, Filing Documents after Leave has been Granted or After Notice of Appeal as of Right has been Filed, Information and resources for self-represented litigants who may wish to apply for leave to appeal, Important information about seeking leave to appeal to the Supreme Court of Canada, Information and resources for self-represented litigants who have been named as a respondent on an application for leave to appeal, Important information you need to know if you have been served with an application for leave to appeal, Sources of Legal Information Available to the General Public, News Releases, Decisions and Case Information, Access to Court Facilities, Media Briefings and Lock-ups, Access to Court Documents, Photographs and Recordings, Publication Bans and Other Limitations on Access, Request to Use Court Photographs, Webcasts or Audio/Video Recordings. (b) a writ of habeas corpus arising out of a claim for extradition made under a treaty. Examination on interrogatories or by commission. An Act to give effect to the requirement for clarity as set out in the opinion of the Supreme Court of Canada in the Quebec Secession Reference. (b) if the judges of the Federal Court of Appeal, the Federal Court or the Tax Court of Canada are absent from Ottawa or for any reason are unable to sit, of a judge of a provincial superior court to be designated in writing by the chief justice, or in the absence of the chief justice, by any acting chief justice or the senior puisne judge of that provincial court on that request being made to that acting chief justice or that senior puisne judge in writing. Death of sole appellant or all appellants. Lax Kw'alaams Indian Band v. Canada (Attorney General),  3 SCR 535, 2011 SCC 56 Summary: This case concerns the distinction between pre- and post-contact practices of First Nations in a particular region of the B.C. 65 (1) On filing and serving the notice of appeal and depositing security as required by section 60, execution shall be stayed in the original cause, except that. (2) Where a court or judge grants an extension of time under subsection (1), that court or judge shall impose such terms as to security or otherwise as seem proper under the circumstances. 32 (1) The Court, for the purpose of hearing and determining appeals, shall hold, in each year, in the city of Ottawa, three sessions. Admission Days; Important Information for Admission Applicants; Court of Appeal. (3) In any case where the sheriff is disqualified, the process shall be directed to any of the coroners of the county or district. 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. The Supreme Court of Canadaâs decision in Baker v. Canada is the most important decision in Canadian administrative law in twenty years. Shaded provisions are not in force. 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. ACT Court of Appeal Court Procedure; Appealing a decision; â¦ (4) Notwithstanding subsection (3), five judges of the Court constitute a quorum in the case of an application for leave to appeal from a judgment of a court, (a) quashing a conviction of an offence punishable by death; or. (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 constitute a quorum and may lawfully hold the Court. (4) Copies of all rules and orders made under this section shall be laid before each House of Parliament on any of the first fifteen days after the making thereof on which that House is sitting. (2) The costs recovered by or on behalf of Her Majesty in any case referred to in subsection (1) shall be paid into the Consolidated Revenue Fund. (2) For the purposes of this Act, the expression “highest court of final resort in a province” includes, in Yukon, the Northwest Territories or Nunavut, the Court of Appeal of that territory. 66 (1) When security has been given as required by sections 60 and 65, any judge of the court appealed from may issue his fiat to the sheriff, to whom any execution on the judgment has issued, to stay the execution, and the execution shall be thereby stayed whether a levy has been made under it or not. The Supreme Court Law Review provides expert commentary and analysis of the Supreme Court of Canadaâs constitutional jurisprudence. He was appointed a Provincial Court Judge in 1975. (1.1) Notwithstanding subsection (1), the Court may, in its discretion, remand the whole or any part of the case to the court appealed from or the court of original jurisdiction and order any further proceedings that would be just in the circumstances. (6) The Court has power to direct that any person interested or, where there is a class of persons interested, any one or more persons as representatives of that class shall be notified of the hearing on any reference under this section, and those persons are entitled to be heard thereon. Opinion of judge who is retired or ceases to hold office. (2) If the suggestion referred to in subsection (1) is not made, the respondent may proceed to an affirmance of the judgment, according to the practice of the Court, or take such other proceedings as the respondent is entitled to take. All of these newly-added SCC decisions can also be found in the CanLII database. 56 Proceedings on an appeal shall, when not otherwise provided for by this Act, the Act providing for the appeal or the general rules and orders of the Court, be in conformity with any order made, on application by a party to the appeal, by the Chief Justice or, in the absence of the Chief Justice, by the senior puisne judge present. Of the Supreme Court of Canada and the Exchequer Court of Canada. 17 The Registrar or the Deputy Registrar, as the Chief Justice directs, shall report and publish the judgments of the Court. What happens when the Court of Appeal labels the decisions below Kafkaesque? (2) The Governor in Council may refer to the Court for hearing and consideration important questions of law or fact concerning any matter, whether or not in the opinion of the Court ejusdem generis with the enumerations contained in subsection (1), with reference to which the Governor in Council sees fit to submit any such question. 6.1 For greater certainty, for the purpose of section 6, a judge is from among the advocates of the Province of Quebec if, at any time, they were an advocate of at least 10 years standing at the bar of that Province. Appeals from references by lieutenant governor in council. (2) Where the court makes an order for an oral hearing, the oral hearing shall be held within thirty days after the date of the order or such further time as the Court determines. (2) Where the security deposited is other than money, it shall be to the satisfaction of the court proposed to be appealed from or a judge thereof or to the satisfaction of the Supreme Court or a judge thereof. 88 Such notice of the time and place of examination as is prescribed in the order made under section 87 shall be given to the adverse party. 46.1 The Court may, in its discretion, remand any appeal or any part of an appeal to the court appealed from or the court of original jurisdiction and order any further proceedings that would be just in the circumstances.
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