Supreme Court Jurisdiction

Supreme Court of Canada: Power and Jurisdiction

Introduction to Supreme Court Jurisdiction

The Constitution of Canada does not explicitly establish a Supreme Court. Section 101 of the Constitution Act of 1867 allowed for the creation of 'a General Court of Appeal for Canada.' It was not until 1875 that the federal government passed the Supreme Court and Exchequer Courts Act, which established the Supreme Court. Because constitutional acts do not specifically mention the Supreme Court or its functions or scope, the Court is not constitutionally entrenched (a Canadian term meaning given constitutional status) in a strictly legal sense. Nonetheless, by convention there is no dispute about the Court's authority and importance.

The jurisdiction of the Supreme Court of Canada is very broad. The Supreme Court is the final court for all legal disputes in Canada. In contrast, the jurisdiction of the Supreme Court of the United States is mostly limited to interpreting federal and constitutional law, thereby leaving ultimate authority on many issues to state courts.

The Supreme Court of Canada has the authority to review and invalidate any law that contradicts the Constitution of Canada-a power called judicial review. This power was expanded in the Constitution Act of 1982, which added the Canadian Charter of Rights and Freedoms to the Constitution. The charter includes a list of rights protected by the federal government, and it explicitly recommends that any infringements of those rights should be appealed through the courts. The charter significantly increased the power of the Canadian courts-and the Supreme Court in particular-to overturn laws passed by federal and provincial legislatures, if those laws conflict with the charter.” (1)

Resources

Notes and References

Information about Supreme Court Jurisdiction in the Encarta Online Encyclopedia

Guide to Supreme Court Jurisdiction

Law is our Passion

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This entry was last updated: August 24, 2014