GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Supreme Court Act — S-26 31
Admiralty appeal 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. Remuneration of assessors (2) The remuneration, if any, to be paid to the assessors referred to in subsection (1) shall be determined by the Court. R.S., c. S-19, s. 31
Supreme Court Act — S-26 32
Three sessions 32 (1) The Court, for the purpose of hearing and determining appeals, shall hold, in each year, in the city of Ottawa, three sessions. Dates of sessions (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. Dates may be varied (3) The dates in subsection (2), fixed for the beginning of each session, may be varied by the Governor in Council, or by the Court, if notice is given in the Canada Gazette not less than four weeks before the date that may be fixed for the beginning of any session. Length (4) Each session shall be continued until the business before the Court is disposed of. R.S., c. S-19, s. 32
Supreme Court Act — S-26 33
Power to adjourn 33 The Court may adjourn any session from time to time and meet again at the time appointed for the transaction of business. R.S., c. S-19, s. 33
Supreme Court Act — S-26 34
Court may be convened at any time 34 The Court may be convened at any time by the Chief Justice or, in the event of the absence or illness of the Chief Justice, by the senior puisne judge, in such manner as is prescribed by the rules of Court. R.S., c. S-19, s. 34
Supreme Court Act — S-26 35
Jurisdiction throughout Canada 35 The Court shall have and exercise an appellate, civil and criminal jurisdiction within and throughout Canada. R.S., c. S-19, s. 35
Supreme Court Act — S-26 35.1
Inter-governmental disputes 35.1 An appeal lies to the Court from a decision of the Federal Court of Appeal in the case of a controversy between Canada and a province or between two or more provinces. 1990, c. 8, s. 33
Supreme Court Act — S-26 36
Appeals from references by lieutenant governor in council 36 An appeal lies to the Court from an opinion pronounced by the highest court of final resort in a province on any matter referred to it for hearing and consideration by the lieutenant governor in council of that province whenever it has been by the statutes of that province declared that such opinion is to be deemed a judgment of the highest court of final resort and that an appeal lies therefrom as from a judgment in an action. R.S., c. S-19, s. 37
Supreme Court Act — S-26 37
Appeals with leave of provincial court 37 Subject to sections 39 and 42, an appeal to the Supreme Court lies with leave of the highest court of final resort in a province from a final judgment of that court where, in the opinion of that court, the question involved in the appeal is one that ought to be submitted to the Supreme Court for decision. R.S., c. S-19, s. 38
Supreme Court Act — S-26 37.1
Appeal with leave of Federal Court of Appeal 37.1 Subject to sections 39 and 42, an appeal to the Court lies with leave of the Federal Court of Appeal from a final judgment of the Federal Court of Appeal where, in its opinion, the question involved in the appeal is one that ought to be submitted to the Court for decision. 1990, c. 8, s. 34
Supreme Court Act — S-26 38
Appeals per saltum 38 Subject to sections 39 and 42, an appeal to the Supreme Court lies on a question of law alone with leave of that Court, from a final judgment of the Federal Court or of a court of a province other than the highest court of final resort therein, the judges of which are appointed by the Governor General, pronounced in a judicial proceeding where an appeal lies to the Federal Court of Appeal or to that highest court of final resort, if the consent in writing of the parties or their solicitors, verified by affidavit, is filed with the Registrar of the Supreme Court and with the registrar, clerk or prothonotary of the court from which the appeal is to be taken. R.S., 1985, c. S-26, s. 38; 1990, c. 8, s. 35; 2002, c. 8, s. 183
Supreme Court Act — S-26 39
Exceptions 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 (b) a writ of habeas corpus arising out of a claim for extradition made under a treaty. R.S., 1985, c. S-26, s. 39; 1990, c. 8, s. 36
Supreme Court Act — S-26 40
Appeals with leave of Supreme Court 40 (1) Subject to subsection (3), an appeal lies to the Supreme Court from any final or other judgment of the Federal Court of Appeal or of the highest court of final resort in a province, or a judge thereof, in which judgment can be had in the particular case sought to be appealed to the Supreme Court, whether or not leave to appeal to the Supreme Court has been refused by any other court, where, with respect to the particular case sought to be appealed, the Supreme Court is of the opinion that any question involved therein is, by reason of its public importance or the importance of any issue of law or any issue of mixed law and fact involved in that question, one that ought to be decided by the Supreme Court or is, for any other reason, of such a nature or significance as to warrant decision by it, and leave to appeal from that judgment is accordingly granted by the Supreme Court. Application for leave (2) An application for leave to appeal under this section shall be brought in accordance with paragraph 58(1)(a). Appeals in respect of offences (3) No appeal to the Court lies under this section from the judgment of any court acquitting or convicting or setting aside or affirming a conviction or acquittal of an indictable offence or, except in respect of a question of law or jurisdiction, of an offence other than an indictable offence. Extending time for allowing appeal (4) Whenever the Court has granted leave to appeal, the Court or a judge may, notwithstanding anything in this Act, extend the time within which the appeal may be allowed. R.S., 1985, c. S-26, s. 40; R.S., 1985, c. 34 (3rd Supp.), s. 3; 1990, c. 8, s. 37
Supreme Court Act — S-26 41
Appeals under other Acts 41 Notwithstanding anything in this Act, the Court has jurisdiction as provided in any other Act conferring jurisdiction. R.S., c. S-19, s. 42
Supreme Court Act — S-26 42
No appeal from discretionary orders 42 (1) No appeal lies to the Court from a judgment or order made in the exercise of judicial discretion except in proceedings in the nature of a suit or proceeding in equity originating elsewhere than in the Province of Quebec and except in mandamus proceedings. Exception (2) This section does not apply to an appeal under section 40. R.S., 1985, c. S-26, s. 42; 1993, c. 34, s. 117(F)
Supreme Court Act — S-26 43
Applications for leave to appeal 43 (1) Notwithstanding any other Act of Parliament but subject to subsection (1.2), an application to the Supreme Court for leave to appeal shall be made to the Court in writing and the Court shall (a) grant the application if it is clear from the written material that it does not warrant an oral hearing and that any question involved is, by reason of its public importance or the importance of any issue of law or any issue of mixed law and fact involved in the question, one that ought to be decided by the Supreme Court or is, for any other reason, of such a nature or significance as to warrant decision by it; (b) dismiss the application if it is clear from the written material that it does not warrant an oral hearing and that there is no question involved as described in paragraph (a); and (c) order an oral hearing to determine the application, in any other case. Remand of case (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. Mandatory oral hearing (1.2) On the request of the applicant, an oral hearing shall be ordered to determine an application for leave to appeal to the Court from a judgment of a court of appeal setting aside an acquittal of an indictable offence and ordering a new trial if there is no right of appeal on a question of law on which a judge of the court of appeal dissents. Time for oral hearing (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. Quorum (3) Any three judges of the Court constitute a quorum for the consideration and determination of an application for leave to appeal, whether or not an oral hearing is ordered. Exception (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 (b) dismissing an appeal against an acquittal of an offence punishable by death, including an acquittal in respect of a principal offence where the accused has been convicted of an offence included in the principal offence. R.S., 1985, c. S-26, s. 43; R.S., 1985, c. 34 (3rd Supp.), s. 4; 1990, c. 8, s. 38; 1994, c. 44, s. 98; 1997, c. 18, s. 138
Supreme Court Act — S-26 44
Quashing proceedings in certain cases 44 The Court may quash proceedings in cases brought before it in which an appeal does not lie, or whenever such proceedings are taken against good faith. R.S., c. S-19, s. 46
Supreme Court Act — S-26 45
Appeal may be dismissed or judgment given 45 The Court may dismiss an appeal or give the judgment and award the process or other proceedings that the court whose decision is appealed against should have given or awarded. R.S., c. S-19, s. 47
Supreme Court Act — S-26 46
New trial may be ordered 46 On any appeal, the Court may, in its discretion, order a new trial if the ends of justice seem to require it, although a new trial is deemed necessary on the ground that the verdict is against the weight of evidence. R.S., c. S-19, s. 48
Supreme Court Act — S-26 46.1
Appeal may be remanded 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. 1994, c. 44, s. 99
Supreme Court Act — S-26 47
Payment of costs 47 The Court may, in its discretion, order the payment of the costs of the court appealed from, of the court of original jurisdiction, and of the appeal, or any part thereof, whether the judgment is affirmed, or is varied or reversed. R.S., c. S-19, s. 49
Supreme Court Act — S-26 48
Necessary amendments 48 (1) At any time during the pendency of an appeal before the Court, the Court may, on the application of any of the parties, or without any such application, make all such amendments as are necessary for the purpose of determining the appeal or the real question or controversy between the parties as disclosed by the pleadings, evidence or proceedings. At whose instance (2) An amendment referred to in subsection (1) may be made, whether the necessity for it is or is not occasioned by the defect, error, act, default or neglect of the party applying to amend. R.S., c. S-19, s. 50
Supreme Court Act — S-26 49
Conditions 49 Every amendment shall be made on such terms as to payment of costs, postponing the hearing or otherwise as to the Court seem just. R.S., c. S-19, s. 51
Supreme Court Act — S-26 50
Interest 50 Unless otherwise ordered by the Court, a judgment of the Court bears interest at the rate and from the date applicable to the judgment in the same matter of the court of original jurisdiction or at the rate and from the date that would have been applicable to that judgment if it had included a monetary award. R.S., c. S-19, s. 52; 1974-75-76, c. 18, s. 7
Supreme Court Act — S-26 51
Judgment to be carried out by court below 51 The judgment of the Court in appeal shall be certified by the Registrar to the proper officer of the court of original jurisdiction, who shall make all proper and necessary entries thereof, and all subsequent proceedings may be taken thereon as if the judgment had been given or pronounced in the last mentioned court. R.S., c. S-19, s. 53
Supreme Court Act — S-26 52
Exclusive ultimate appellate jurisdiction 52 The Court shall have and exercise exclusive ultimate appellate civil and criminal jurisdiction within and for Canada, and the judgment of the Court is, in all cases, final and conclusive. R.S., c. S-19, s. 54
Supreme Court Act — S-26 53
Referring certain questions for opinion 53 (1) The Governor in Council may refer to the Court for hearing and consideration important questions of law or fact concerning (a) the interpretation of the Constitution Acts ; (b) the constitutionality or interpretation of any federal or provincial legislation; (c) the appellate jurisdiction respecting educational matters, by the Constitution Act, 1867 , or by any other Act or law vested in the Governor in Council; or (d) the powers of the Parliament of Canada, or of the legislatures of the provinces, or of the respective governments thereof, whether or not the particular power in question has been or is proposed to be exercised. Other questions (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. Questions deemed important (3) Any question concerning any of the matters mentioned in subsections (1) and (2), and referred to the Court by the Governor in Council, shall be conclusively deemed to be an important question. Opinion of Court (4) Where a reference is made to the Court under subsection (1) or (2), it is the duty of the Court to hear and consider it and to answer each question so referred, and the Court shall certify to the Governor in Council, for his information, its opinion on each question, with the reasons for each answer, and the opinion shall be pronounced in like manner as in the case of a judgment on an appeal to the Court, and any judges who differ from the opinion of the majority shall in like manner certify their opinions and their reasons. Notice to be given to provinces interested (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. Notice to interested persons (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. Appointment of counsel by Court (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. R.S., c. S-19, s. 55
Supreme Court Act — S-26 54
Report on private bill or petition 54 The Court, or any two of the judges, shall examine and report on any private bill or petition for a private bill presented to the Senate or House of Commons and referred to the Court under any rules or orders made by the Senate or House of Commons. R.S., c. S-19, s. 56
Supreme Court Act — S-26 55
Writ of certiorari 55 A writ of certiorari may, by order of the Court or a judge, issue out of the Court to bring up any papers or other proceedings had or taken before any court, judge or justice of the peace, and that are considered necessary with a view to any inquiry, appeal or other proceeding had or to be had before the Court. R.S., c. S-19, s. 61
Supreme Court Act — S-26 56
Proceedings in appeal 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. R.S., c. S-19, s. 63; R.S., c. 44(1st Supp.), s. 5
Supreme Court Act — S-26 57
Limited appeal 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. R.S., c. S-19, s. 64
Supreme Court Act — S-26 58
Time periods for appeals 58 (1) Subject to this Act or any other Act of Parliament, the following provisions with respect to time periods apply to proceedings in appeals: (a) in the case of an appeal for which leave to appeal is required, the notice of application for leave to appeal and all materials necessary for the application shall be served on all other parties to the case and filed with the Registrar of the Court within sixty days after the date of the judgment appealed from; and (b) in the case of an appeal for which leave to appeal is not required or in the case of an appeal for which leave to appeal is required and has been granted, a notice of appeal shall be served on all other parties to the case and filed with the Registrar of the Court within thirty days after the date of the judgment appealed from or the date of the judgment granting leave, as the case may be. Computation of time periods (2) The month of July shall be excluded in the computation of a time period referred to in subsection (1). R.S., 1985, c. S-26, s. 58; R.S., 1985, c. 34 (3rd Supp.), s. 5; 1997, c. 18, s. 139
Supreme Court Act — S-26 59
Extension of time for appeal 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. Terms (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. Non-application to election cases (3) This section does not apply to appeals under section 532 of the Canada Elections Act . Appeals in forma pauperis (4) Notwithstanding anything in this Act, a judge may, on an application for leave to appeal in forma pauperis , allow an appeal by giving the applicant leave to serve notice of appeal although the time prescribed by section 58 has expired. R.S., 1985, c. S-26, s. 59; R.S., 1985, c. 34 (3rd Supp.), s. 6; 2000, c. 9, s. 572
Supreme Court Act — S-26 60
Procedure on appeal 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 (b) depositing with the Registrar security to the value of five hundred dollars that the appellant will effectually prosecute the appeal and pay such costs and damages as may be awarded against the appellant by the Court. Approval of security (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. Notice of security (3) Within seven days from the deposit of the security or, where subsection (2) applies, from the later of the deposit of the security and its approval as required by that subsection, the appellant shall notify all parties directly affected. Service and filing of notice of appeal (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. R.S., c. S-19, s. 66; R.S., c. 44(1st Supp.), s. 6
Supreme Court Act — S-26 61
When error in law alleged 61 Whenever error in law is alleged, the proceedings in the Court shall be in the form of an appeal. R.S., c. 44(1st Supp.), s. 6
Supreme Court Act — S-26 62
Appeal to be on a stated case 62 (1) An appeal shall be on a case to be stated by the parties or, in the event of difference, to be settled by the court appealed from or a judge thereof. Elements of case (2) The case shall set out the judgment objected to and so much of the pleadings, evidence, affidavits and documents as is necessary to raise the question for the decision of the Court. Further evidence (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. R.S., 1985, c. S-26, s. 62; 1990, c. 8, s. 39
Supreme Court Act — S-26 63
Transmission of record 63 The clerk or other proper officer of the court appealed from shall, on payment to that clerk or officer of the proper fees and expenses of transmission, transmit the case, as soon as may be after service on the clerk or officer of the notice of appeal, to the Registrar, and further proceedings shall thereupon be had according to the practice of the Supreme Court. R.S., c. S-19, s. 68
Supreme Court Act — S-26 64
Exceptions 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 . R.S., 1985, c. S-26, s. 64; 2002, c. 8, s. 176
Supreme Court Act — S-26 65.1
Stay of execution — application for leave to appeal 65.1 (1) The Court, the court appealed from or a judge of either of those courts may, on the request of the party who has served and filed a notice of application for leave to appeal, order that proceedings be stayed with respect to the judgment from which leave to appeal is being sought, on the terms deemed appropriate. Additional power for court appealed from (2) The court appealed from or a judge of that court may exercise the power conferred by subsection (1) before the serving and filing of the notice of application for leave to appeal if satisfied that the party seeking the stay intends to apply for leave to appeal and that delay would result in a miscarriage of justice. Modification (3) The Court, the court appealed from or a judge of either of those courts may modify, vary or vacate a stay order made under this section. 1990, c. 8, s. 40; 1994, c. 44, s. 101
Supreme Court Act — S-26 66
Fiat to sheriff when security deposited 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. Where court appealed from is a court of appeal (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. Poundage (3) Unless a judge of the court appealed from otherwise orders, no poundage shall be allowed against the appellant, on any judgment appealed from, on which any execution is issued before the judge’s fiat to stay the execution is obtained. R.S., c. S-19, s. 71; R.S., c. 44(1st Supp.), s. 7