Supreme Court of Canada

  • November 15, 2021

SCC – SCC sets out expectations of interveners and scope of their submissions

November 15, 2021

SCC Justice Mahmud Jamal Sworn-In

July 1, 2021

The Honourable Justice Mahmud Jamal was sworn-in today as a judge of the Supreme Court of Canada before the Chief Justice of Canada, the Rt. Hon. Richard Wagner. 

True access to justice depends on having a judiciary that brings diverse experiences and perspectives. Justice Jamal is a universally respected jurist who has served the public with intelligence, humility and kindness, and his appointment is a critical step towards a Canadian judiciary that reflects those it serves.

ICYMI hear OBA President Charlene Theodore’s conversation with Chris Hall on CBC Radio One discussing the importance of this historic appointment and our commitment to continued advocacy for an Indigenous nominee to the highest court.

Supreme Court of Canada Begins Appointment Process

On February 19, 2021, Prime Minister Justin Trudeau launched the process to select the next justice of the Supreme Court of Canada in order to fill the vacancy created by the upcoming retirement of Madam Justice Rosalie Silberman Abella. The Prime Minister also announced the members of the Independent Advisory Board for Supreme Court of Canada Judicial Appointments, which is a non-partisan board that is responsible for identifying candidates to be considered by the Prime Minister. For more information, please see the SCC news release and the announcement from the Prime Minister’s Office.

Rules Amending the Rules of the Supreme Court of Canada

Daniel Power, Acting Registrar of the SCC, has announced the Rules Amending the Rules of the Supreme Court of Canada, SOR/2020-281, have been published in Part II of the Canada Gazette. These amendments will come into force on January 27, 2020 and will simplify the leave application process for appeals to the SCC:

  • Parties will no longer be required to use agents for appeals to the SCC, although they will still be permitted to use agents for all proceedings
  • An application for leave to appeal to the SCC will consist of the notice of application, lower court decisions, and the memorandum of argument
  • Service requirements will be less stringent, as the new process will facilitate e-filing of leave application materials
  • Parties will only need to file the original and two printed copies of the leave application, the response, and the reply with the Registrar
  • Parties seeking leave to appeal will not be required to provide an affidavit in support of their leave application

For cases where there is an appeal as of right, the appellant will be required to include the following items as a schedule to the notice of appeal:

  • A copy of the information/indictment
  • The reasons for judgment from the court of first instance
  • The notation on the indictment (or equivalent)
  • The judgment and reasons for judgment of the court appealed from

For more information please see the January 6th Notice to the Profession and the Guide to the 2021 Amendments to the Rules of the Supreme Court of Canada

SCC – Counsel to Appear by Virtual Means in November and December

Chief Justice Wagner has directed that all counsel are to appear via videoconference for SCC hearings scheduled in November and December, 2020. The SCC Justices will be present in the courtroom, and all proceedings will be livestreamed on the SCC’s website. For more information, please see the Supreme Court's Notice.

SCC Update on In-Person Hearings Resuming on Sept. 22

The SCC has posted a Question and Answer Page for the in-person hearings that will be resuming on September 22, 2020. In light of the ongoing pandemic, only counsel will be permitted to access the SCC building. Proceedings may be watched via live webcast.

Supreme Court of Canada: Fall Session to Begin on September 22

SCC will begin its fall session on September 22, 2020. Hearings that were previously postponed due to COVID-19 will be heard first before continuing on with the original schedule for the fall session. Hearings will be held in-person, and by way of video-conference for counsel who cannot attend in-person in Ottawa. The SCC building remains closed to visitors, but hearings will be available through livestream links on the SCC’s website. For more information, please see SCC News Release.

Supreme Court of Canada: Suspension of Deadlines to Expire on September 13

The SCC issued a Notice to the Profession  regarding the suspension of deadlines. Time limits established by federal legislation for civil legal proceedings were suspended by the Time Limits and Other Periods Act (COVID-19) (which came into force on July 27, 2020 and were applied retroactively to the period beginning on March 13, 2020). The suspension of deadlines in the Rules of the Supreme Court of Canada will expire at the end of the day on September 13, 2020. For more information, please see  the SCC Notice.