Supreme Court Act · GlobalLawDB

Contents

1Short title#

This Act may be cited as the Supreme Court Act.^note

2Definitions#

(1)In this Act,

appeal includes any proceeding to set aside or vary any judgment of the court appealed from; (appel)

Court means the Supreme Court of Canada continued by section 3; (Cour suprême ou Cour)

court appealed from means the court from which the appeal is brought directly to the Supreme Court, whether that court is one of original jurisdiction or a court of appeal; (juridiction inférieure)

final judgment means any judgment, rule, order or decision that determines in whole or in part any substantive right of any of the parties in controversy in any judicial proceeding; (jugement définitif)

judge means a judge of the Court and includes the Chief Justice; (juge)

judgment, when used with reference to the court appealed from, includes any judgment, rule, order, decision, decree, decretal order or sentence thereof, and when used with reference to the Supreme Court, includes any judgment or order of that Court; (jugement)

judicial proceeding includes any action, suit, cause, matter or other proceeding in disposing of which the court appealed from has not exercised merely a regulative, administrative or executive jurisdiction; (procédure judiciaire)

Registrar means the Registrar of the Court; (registraire)

Supreme Court has the meaning given in this section to “Court”; (Cour suprême ou Cour)

witness means any person, whether a party or not, to be examined under this Act. (témoin)

(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.

The Court

3Original Court continued#

The court of law and equity in and for Canada now existing under the name of the Supreme Court of Canada is hereby continued under that name, as a general court of appeal for Canada, and as an additional court for the better administration of the laws of Canada, and shall continue to be a court of record.^note

The Judges

4Constitution of Court#

(1)The Court shall consist of a chief justice to be called the Chief Justice of Canada, and eight puisne judges.

(2)The judges shall be appointed by the Governor in Council by letters patent under the Great Seal.

^note

5Who may be appointed judges#

Any person may be appointed a judge who is or has been a judge of a superior court of a province or a barrister or advocate of at least ten years standing at the bar of a province.^note

5.1For greater certainty#

For greater certainty, for the purpose of section 5, a person may be appointed a judge if, at any time, they were a barrister or advocate of at least 10 years standing at the bar of a province.^note

6Three judges from Quebec#

At least three of the judges shall be appointed from among the judges of the Court of Appeal or of the Superior Court of the Province of Quebec or from among the advocates of that Province.^note

6.1For greater certainty#

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.^note

7No other office to be held#

No judge shall hold any other office of emolument under the Government of Canada or the government of a province.^note

8Residence#

The judges shall reside in the National Capital Region described in the schedule to the National Capital Act or within forty kilometres thereof.^note

9Tenure of office#

(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.

(2)A judge shall cease to hold office on attaining the age of seventy-five years.

^note

10Oath of office#

Every judge shall, before entering on the duties of the office of judge, take an oath in the following form:^note

11How administered#

The oath referred to in section 10 shall be administered to the Chief Justice before the Governor General in Council, and to the puisne judges by the Chief Justice or, in the case of absence or illness of the Chief Justice, by any other judge present at Ottawa.^note

The Registrar and Other Officers

12Appointment of Registrar and Deputy Registrar#

(1)The Governor in Council may by instruments under the Great Seal appoint fit and proper persons, being barristers or advocates of at least five years standing, to be Registrar of the Supreme Court and Deputy Registrar of the Supreme Court respectively.

(2)Such other officers, clerks and employees as are required for the purposes of the Court shall be appointed under the Public Service Employment Act.

^note

13Tenure and salary#

(1)The Registrar and Deputy Registrar shall be appointed to hold office during pleasure and shall each be paid a salary to be fixed by the Governor in Council.

(2)The Registrar and Deputy Registrar shall devote their full time to their respective positions and shall not receive any pay, fee or allowances in any form in excess of the amount provided under subsection (1).

^note

14Office and residence#

The Registrar shall keep an office in the city of Ottawa and the Registrar and Deputy Registrar shall reside in the National Capital Region described in the schedule to the National Capital Act or within forty kilometres thereof.^note

15Functions of Registrar#

Subject to the direction of the Chief Justice, the Registrar shall superintend the officers, clerks and employees appointed to the Court.^note

16Library#

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.^note

17Reports#

The Registrar or the Deputy Registrar, as the Chief Justice directs, shall report and publish the judgments of the Court.^note

18Jurisdiction as judge in chambers#

The Registrar has such authority to exercise the jurisdiction of a judge sitting in chambers as may be conferred on the Registrar by general rules or orders made under this Act.^note

19Duties of Deputy Registrar#

The Deputy Registrar shall exercise and perform such of the powers and duties of the Registrar as are assigned to the Deputy Registrar by the Registrar, and may exercise and perform all the powers and duties of the Registrar in the event that the Registrar is absent or unable to act or the office of Registrar is vacant.^note

20Public Service Employment Act and Public Service Superannuation Act#

The Public Service Employment Act and the Public Service Superannuation Act, in so far as applicable, extend and apply to the Registrar and Deputy Registrar.^note

21Sheriff#

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.^note

Barristers, Advocates, Attorneys and Solicitors

22Barristers or advocates#

All persons who are barristers or advocates in a province may practise as barristers, advocates and counsel in the Court.^note

23Attorneys or solicitors#

All persons who are attorneys or solicitors of the superior courts in a province may practise as attorneys, solicitors and proctors in the Court.^note

24Officers of the Court#

All persons who may practise as barristers, advocates, counsel, attorneys, solicitors or proctors in the Court are officers of the Court.^note

Sessions and Quorum

25Quorum of judges#

Any five of the judges of the Court shall constitute a quorum and may lawfully hold the Court.^note

26Delivery of judgment#

(1)A judgment of the Supreme Court may be delivered

(a)in open court; or

(b)by depositing with the Registrar, for each judge who has heard the case, a written opinion, a copy, signed by the judge, of the written opinion with which the judge concurs or a statement certifying the judge’s concurrence.

(2)Where a judgment is delivered pursuant to paragraph (1)(a), a majority of the judges who have heard the case shall be present.

^note

27Opinion of absent judge#

(1)A judge who has heard a case for which judgment is delivered pursuant to paragraph 26(1)(a) and who is absent from the delivery of judgment may sign a copy of the opinion with which the judge concurs or, where the judge has written an opinion, give the opinion to a judge present at the delivery of judgment, which concurrence or opinion shall be announced or read in open court and then left with the Registrar or reporter of the Court.

(2)A judge who has resigned the office of judge, or who has ceased to hold office under section 9, shall, within six months thereafter, for the purposes of this section, be deemed to be absent at the delivery of judgment in any case heard by that judge in which judgment has not been delivered during his tenure of office.

(3)A judge who has heard a case for which judgment is delivered pursuant to paragraph 26(1)(b) and who has not written an opinion may sign and deposit with the Registrar a copy of the opinion with which the judge concurs or a statement certifying concurrence with an opinion.

(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.

^note

28When a judge may not sit#

(1)No judge against whose judgment an appeal is brought, or who took part in the trial of the cause or matter, or in the hearing in a court below, shall sit or take part in the hearing of or adjudication on the proceedings in the Supreme Court.

(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.

^note

29Four judges a quorum by consent#

Any four judges constitute a quorum and may lawfully hold the Court in cases where the parties consent to be heard before a court so composed.^note

30Appointment of ad hoc judge#

(1)Where at any time there is not a quorum of the judges available to hold or continue any session of the Court, owing to a vacancy or vacancies, or to the absence through illness or on leave or in the discharge of other duties assigned by statute or order in council, or to the disqualification of a judge or judges, the Chief Justice of Canada, or in the absence of the Chief Justice, the senior puisne judge, may in writing request the attendance at the sittings of the Court, as an ad hoc judge, for such period as may be necessary,

(a)of a judge of the Federal Court of Appeal, the Federal Court or the Tax Court of Canada; or

(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.

(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).

(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.

(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.

(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.

(6)In any case in which judgment is not delivered while an ad hoc judge is attending the sittings of the Court or a conference of the judges, the opinion of that judge shall be delivered as provided by section 27.

^note

31Admiralty appeal#

(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.

(2)The remuneration, if any, to be paid to the assessors referred to in subsection (1) shall be determined by the Court.

^note

32Three sessions#

(1)The Court, for the purpose of hearing and determining appeals, shall hold, in each year, in the city of Ottawa, three 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.

(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.

(4)Each session shall be continued until the business before the Court is disposed of.

^note

33Power to adjourn#

The Court may adjourn any session from time to time and meet again at the time appointed for the transaction of business.^note

34Court may be convened at any time#

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.^note

Appellate Jurisdiction

35Jurisdiction throughout Canada#

The Court shall have and exercise an appellate, civil and criminal jurisdiction within and throughout Canada.^note

35.1Inter-governmental disputes#

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.^note

36Appeals from references by lieutenant governor in council#

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.^note

37Appeals with leave of provincial court#

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.^note

37.1Appeal with leave of Federal Court of Appeal#

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.^note

38Appeals per saltum#

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.^note

39Exceptions#

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.

^note

40Appeals with leave of Supreme Court#

(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.

(2)An application for leave to appeal under this section shall be brought in accordance with paragraph 58(1)(a).

(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.

(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.

^note

41Appeals under other Acts#

Notwithstanding anything in this Act, the Court has jurisdiction as provided in any other Act conferring jurisdiction.^note

42No appeal from discretionary orders#

(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.

(2)This section does not apply to an appeal under section 40.

^note

43Applications for leave to appeal#

(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.

(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.

(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.

(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.

(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.

(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.

^note

Judgments

44Quashing proceedings in certain cases#

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.^note

45Appeal may be dismissed or judgment given#

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.^note

46New trial may be ordered#

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.^note

46.1Appeal may be remanded#

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.^note

Costs

47Payment of costs#

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.^note

Amendments

48Necessary amendments#

(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.

(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.

^note

49Conditions#

Every amendment shall be made on such terms as to payment of costs, postponing the hearing or otherwise as to the Court seem just.^note

Interest

50Interest#

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.^note

Certificate of Judgment

51Judgment to be carried out by court below#

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.^note

Judgment Final and Conclusive

52Exclusive ultimate appellate jurisdiction#

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.^note

Special Jurisdiction

References by Governor in Council

53Referring certain questions for opinion#

(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.

(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.

(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.

(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.

(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.

(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.

(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.

^note

References by Senate or House of Commons

54Report on private bill or petition#

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.^note

Certiorari

55Writ of certiorari#

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.^note

Procedure in Appeals

The Appeal

56Proceedings in appeal#

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.^note

57Limited appeal#

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.^note

58Time periods for appeals#

(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.

(2)The month of July shall be excluded in the computation of a time period referred to in subsection (1).

^note

59Extension of time for appeal#

(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.

(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.

(3)This section does not apply to appeals under section 532 of the Canada Elections Act.

(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.

^note

60Procedure on appeal#

(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.

(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.

(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.

(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.

^note

61When error in law alleged#

Whenever error in law is alleged, the proceedings in the Court shall be in the form of an appeal.^note

62Appeal to be on a stated case#

(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.

(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.

(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.

^note

63Transmission of record#

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.^note

64Exceptions#

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.^note

Stay of Execution

65Stay of execution#

(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

(a)where the judgment appealed from directs an assignment or delivery of documents or personal property, the execution of the judgment shall not be stayed until the things directed to be assigned or delivered have been brought into court, or placed in the custody of such officer or receiver as the court appoints, or until security has been given to the satisfaction of the court appealed from, or of a judge thereof, in such sum as that court or judge directs, that the appellant will obey the judgment of the Supreme Court;

(b)where the judgment appealed from directs the execution of a conveyance or any other instrument, the execution of the judgment shall not be stayed until the instrument has been executed and deposited with the proper officer of the court appealed from, to abide the judgment of the Supreme Court;

(c)where the judgment appealed from directs the sale or delivery of possession of real property or chattels real, the execution of the judgment shall not be stayed until security has been given to the satisfaction of the court appealed from, or a judge thereof, in such amount as that court or judge directs, that during the possession of the property by the appellant the appellant will not commit, or suffer to be committed, any waste on the property, and that if the judgment is affirmed, the appellant will pay the value of the use and occupation of the property from the time the appeal is brought until delivery of possession thereof, and also, if the judgment is for the sale of property and the payment of a deficiency arising on the sale, that the appellant will pay the deficiency; and

(d)where the judgment appealed from directs the payment of money, either as a debt or for damages or costs, the execution of the judgment shall not be stayed until the appellant has given security to the satisfaction of the court appealed from, or of a judge thereof, that, if the judgment or any part thereof is affirmed, the appellant will pay the amount thereby directed to be paid, or the part thereof with respect to which the judgment is affirmed, if it is affirmed only with respect to part, and all damages awarded against the appellant on the appeal.

(2)Where the court appealed from is a court of appeal, and the assignment or conveyance, document, instrument, property or thing referred to in subsection (1) has been deposited in the custody of the proper officer of the court in which the cause originated, the consent of the party desiring to appeal to the Supreme Court, that it shall so remain to abide the judgment of the Court, is binding on that party and shall be deemed a compliance with the requirements in that behalf of this section.

(3)In any case in which execution may be stayed on the giving of security under this section, the security may be given by the same instrument whereby the security prescribed in section 60 is given.

(4)The Court, the court appealed from or a judge of either of those courts may modify, vary or vacate a stay of execution imposed by subsection (1).

^note

65.1Stay of execution — application for leave to appeal#

(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.

(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.

(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.

^note

66Fiat to sheriff when security deposited#

(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.

(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.

(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.

^note

67Money levied and not paid over before fiat#

Where at the time of the receipt by the sheriff of a fiat, or of a copy thereof, the money has been made or received by the sheriff, but not paid over to the party who issued the execution, the party appealing may demand back from the sheriff the amount made or received under the execution, or so much thereof as is in the sheriff’s hands not paid over, and in default of payment by the sheriff, on that demand, the party appealing may recover the money from the sheriff in an action for money had and received or by means of an order or rule of the court appealed from.^note

68Perishable property#

Where a judgment appealed from directs the delivery of perishable property, the court appealed from, or a judge thereof, may order the property to be sold and the proceeds to be paid into court, to abide the judgment of the Supreme Court.^note

Discontinuance of Proceedings

69Notice#

(1)An appellant may discontinue the proceedings by giving to the Registrar and the respondent a notice entitled in the Court and in the cause, and signed by the appellant or the appellant’s attorney or solicitor, stating that the appellant discontinues the proceedings.

(2)On the notice referred to in subsection (1) being given, the respondent is at once entitled to the costs of and occasioned by the proceedings in appeal, and may, in the court of original jurisdiction, either sign judgment for those costs or obtain an order from that court or a judge thereof for their payment, and may take all further proceedings in that court as if no appeal had been brought.

^note

Consent to Reversal of Judgment

70Consent to reversal#

A respondent may consent to the reversal of the judgment appealed against by giving to the appellant a notice entitled in the Court and in the cause, and signed by the respondent or the respondent’s attorney or solicitor, stating that the respondent consents to the reversal of the judgment, and thereupon the Court or a judge shall pronounce judgment of reversal as of course.^note

Dismissal for Delay

71Dismissal for delay to proceed#

(1)Where an appellant unduly delays to prosecute the appeal, or fails to bring on the appeal to be heard at the first session of the Court, after the appeal is ripe for hearing, the respondent may, on notice to the appellant, move the Court, or a judge in chambers, for the dismissal of the appeal.

(2)Such order shall thereupon be made as the Court or judge deems just.

^note

Death of Parties

72Death of one of several appellants#

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.^note

73Death of sole appellant or all appellants#

(1)In the event of the death of a sole appellant, or of all the appellants, the legal representative of the sole appellant, or of the last surviving appellant, may, by leave of the Court or a judge, file a suggestion of the death, and that he is that legal representative, and the proceedings may thereupon be continued at the suit of and against the legal representative as the appellant.

(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.

^note

74Death of one of several respondents#

In the event of the death of one of several respondents, a suggestion may be filed of the death and the proceedings may be continued against the surviving respondents.^note

75If suggestion of death untrue#

A suggestion of the death of one of several appellants, of a sole appellant, of all the appellants or of one of several respondents, if untrue, may on motion be set aside by the Court or a judge.^note

76Death of sole respondent or all respondents#

In the event of the death of a sole respondent or of all the respondents, the appellant may proceed, on giving one month’s notice of the appeal and of the appellant’s intention to continue the appeal, to the representative of the deceased party, or, if no such notice can be given, on such notice to the parties interested as a judge of the Court directs.^note

77Death of party where judgment against deceased#

In the event of the death of a sole plaintiff or defendant before the judgment of the court in which an action or appeal is pending is delivered, and if the judgment is against the deceased party, the legal representatives of the deceased party, on entering a suggestion of the death, are entitled to proceed with and prosecute an appeal in the Supreme Court in the same manner as if they were the original parties to the suit.^note

78Death of party where judgment in favour of deceased#

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.^note

Entry of Causes

79Entry of appeals and order of hearing#

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

(b)heard in the order that the Registrar considers appropriate and disposed of.

^note

Evidence

80Affidavits#

All persons authorized to administer affidavits to be used in any of the superior courts of any province may administer oaths and take and receive affidavits, declarations and solemn affirmations in that province to be used in the Court.^note

81Appointment of commissioners#

(1)The Governor in Council may, by commission, empower such persons as the Governor in Council thinks necessary, within or outside Canada, to administer oaths and take and receive affidavits, declarations and solemn affirmations in or concerning any proceeding had or to be had in the Court.

(2)Every oath, affidavit, declaration or solemn affirmation taken or made pursuant to subsection (1) is as valid and of the like effect, to all intents, as if it had been administered, taken, sworn, made or affirmed before the Court or before any judge or competent officer thereof in Canada.

(3)Every commissioner empowered pursuant to subsection (1) shall be styled “a commissioner for administering oaths in the Supreme Court of Canada”.

^note

82How affidavits, declarations or affirmations may be made outside Canada#

Any oath, affidavit, declaration or solemn affirmation concerning any proceeding had or to be had in the Court administered, taken, sworn, made or affirmed outside Canada is as valid and of the same effect to all intents as if it had been administered, taken, sworn, made or afffirmed before a commissioner appointed under this Act, if it is so administered, taken, sworn, made or affirmed outside Canada before

(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

(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.

^note

83No proof required of signature or seal of commissioner#

Every document purporting to have affixed, imprinted or subscribed thereon or thereto the signature of

(a)a commissioner appointed under this Act,

(b)a person authorized to take affidavits to be used in any of the superior courts of any province, or

(c)any one of the persons referred to in paragraphs 82(a) to (e), whose signature is certified in the manner therein provided,

in testimony of any oath, affidavit, declaration or solemn affirmation having been administered, taken, sworn, made or affirmed by or before that person, shall be admitted in evidence without proof of the signature or seal or official character of that person.^note

84Informality not an objection#

No informality in the heading or other formal requisites of any affidavit, declaration or solemn affirmation, made or taken before any person under any provision of this Act or any other Act, shall be an objection to its admission in evidence in the Court, if the court or judge before which or whom it is tendered thinks proper to admit it, and if it is actually sworn to, declared or affirmed by the person making it before any person duly authorized thereto and is admitted in evidence, no such informality shall be set up to defeat an indictment for perjury.^note

85Examination on interrogatories or by commission#

(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 person from the place of trial, the expense of taking the evidence otherwise, or for any other reason, convenient to do so, may, on the application of that party, order the examination of that person on oath, by interrogatories or otherwise, before the Registrar, any commissioner for taking affidavits in the Court or any other person or persons to be named in the order, or may order the issue of a commission under the seal of the Court for the examination.

(2)The Court or a judge may, by the order described in subsection (1) or any subsequent order, give all such directions concerning the time, place and manner of the examination, the attendance of the witnesses and the production of papers at the examination, and all matters connected therewith, as appears reasonable.

^note

86Duty of persons taking such examination#

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.^note

87Further examination#

The Court or a judge may, if it is considered for the ends of justice expedient to do so, order the further examination, before either the Court or a judge, or other person, of any witness, and if the party on whose behalf the evidence is tendered neglects or refuses to obtain such further examination, the Court or judge, in its or his discretion, may decline to act on the evidence.^note

88Notice to adverse party#

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.^note

89Neglect or refusal to attend#

(1)Where an order is made for the examination of a witness and a copy of the order, together with a notice of the time and place of attendance, signed by the person or one of the persons to take the examination, has been duly served on the witness within Canada, and the witness has been tendered the legal fees for attendance and travel, the refusal or neglect of the witness to attend for examination or to answer any proper question put on examination, or to produce any paper that the witness has been notified to produce, shall be deemed a contempt of court and may be punished by the same process as other contempts of court.

(2)In the course of the examination referred to in subsection (1), the witness shall not be compelled to produce any paper that he would not be compelled to produce or to answer any question that he would not be bound to answer in court.

^note

90Effect of consent of parties to examination of witness#

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.^note

91Examinations taken in Canada#

(1)All examinations taken in Canada pursuant to this Act shall be returned to the Court.

(2)The depositions taken in the course of an examination referred to in subsection (1), certified under the hands of the person or one of the persons taking them, may, without further proof, be used in evidence, saving all just exceptions.

^note

92Examinations taken outside Canada#

(1)All examinations taken outside Canada pursuant to this Act shall be proved by affidavit of the due taking of the examinations, sworn before a commissioner or other person authorized under this Act or any other Act to take the affidavit, at the place where the examination has been taken, and shall be returned to the Court.

(2)The depositions returned to the Court under subsection (1), together with the affidavit, and the order or commission, closed under the hand and seal of the person or one of the persons authorized to take the examination, may, without further proof, be used in evidence, saving all just exceptions.

^note

93Reading of examination#

Where any examination has been returned, any party may give notice of the return, and no objection to the examination being read has effect unless taken within the time and in the manner prescribed by general order.^note

General

94Process of the Court#

(1)The process of the Court runs throughout Canada and shall be tested in the name of the Chief Justice or, in case of a vacancy in the office of Chief Justice, in the name of the senior puisne judge, and shall be directed to the sheriff of any county or other judicial division into which any province is divided.

(2)The sheriffs of the counties or other judicial divisions of the provinces are ex officio officers of the Court and shall perform the duties and functions of sheriffs in connection with the Court.

(3)In any case where the sheriff is disqualified, the process shall be directed to any of the coroners of the county or district.

^note

95Further powers of commissioners#

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.^note

96Orders for payment of money#

(1)An order in the Court for payment of money, whether for costs or otherwise, may be enforced by such writs of execution as the Court prescribes.

(2)No attachment as for contempt shall issue in the Court for the non-payment of money only.

^note

97Judges may make rules and orders#

(1)The judges, or any five of them, may make general rules and orders

(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

(f)with respect to matters coming within the jurisdiction of the Court, with respect to references to the Court by the Governor in Council, and in particular with respect to investigations of questions of fact involved in any such reference.

(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.

(3)All rules not inconsistent with the express provisions of this Act have force and effect as if herein enacted.

(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.

^note

98Payment of costs due to or by Crown#

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.^note

99Crown entitled to costs notwithstanding solicitor or counsel salaried officer#

(1)In any proceeding to which Her Majesty is a party, either as represented by the Attorney General of Canada or otherwise, costs adjudged to Her Majesty shall not be disallowed or reduced on taxation merely because the solicitor or the counsel who earned the costs, or in respect of whose services the costs are charged, was a salaried officer of the Crown performing such services in the discharge of his duty and remunerated therefor by his salary, or for that or any other reason not entitled to recover any costs from the Crown in respect of the services so rendered.

(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.

^note

100Fees payable#

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.^note

Federal laws of Canada reproduced under the Reproduction of Federal Law Order (SI/97-5); not the official version. Source: Justice Laws Website.