Supreme Court of Canada

In 1973, the appointment of a constitutional law professor Bora Laskin as chief justice represented a major turning point for the court.Laskin's federalist and liberal views were shared by Prime Minister Pierre Trudeau, who recommended Laskin's appointment to the court, but from that appointment onward appointees increasingly either came from academic backgrounds or were well-respected practitioners with several years' experience in appellate courts.The evolution from the court under Chief Justice Brian Dickson (1984–1990) through to that of Antonio Lamer (1990–2000) witnessed a continuing vigour in the protection of civil liberties.Motions for leave to appeal to the court are generally heard by a panel of three of its judges and a simple majority is determinative.In such cases, the Supreme Court is required to give an opinion on questions referred to it by the Governor in Council (the Cabinet).However, in many cases, including the most recent same-sex marriage reference, the Supreme Court has declined to answer a question from the Cabinet.In that case, the court said it would not decide if same-sex marriages were required by the Charter of Rights and Freedoms, because the government had announced it would change the law regardless of its opinion, and subsequently did.References have been used to re-examine criminal convictions that have concerned the country as in the cases of David Milgaard and Steven Truscott.The Supreme Court has the ultimate power of judicial review over Canadian federal and provincial laws' constitutional validity.In some cases, the court may stay the effect of its judgments so that unconstitutional laws continue in force for a period of time.However, the Court stayed its judgment for five years to give Manitoba time to re-enact all its legislation in French.In such cases the federal and provincial governments must be notified of any constitutional questions and may intervene to submit a brief and attend oral argument at the court.Hearings only take place in Ottawa, although litigants can present oral arguments from remote locations by means of a video-conference system.[17] However, in most cases, the court hears from all counsel and then reserves judgment to enable the justices to write considered reasons.Members of the bar or superior judiciary of Quebec, by law, must hold three of the nine positions on the Supreme Court of Canada.The government proposed an interview phase again in 2008, but a general election and minority parliament intervened with delays such that the Prime Minister recommended Justice Cromwell after consulting the leader of the Opposition.Under the revised process, "[any] Canadian lawyer or judge who fits specified criteria can apply for a seat on the Supreme Court, through the Office of the Commissioner for Federal Judicial Affairs.The building was designed by Ernest Cormier and is known for its Art Deco style[46]—including two candelabrum-style fluted metal lamp standards that flank the entrance and the marble walls and floors of the lobby[47]—contrasting with the châteauesque roof.[49] Canada Post issued a commemorative stamp on 9 June 2011, as part of the Architecture Art Déco series.Also located on the grounds are several statues, including one of Prime Minister Louis St. Laurent, by Elek Imredy in 1976, and two—Veritas (Truth) and Justitia (Justice)—by Canadian sculptor Walter S. Allward.Inside there are busts of several chief justices: John Robert Cartwright (1967–1970), Bora Laskin (1973–1983), Brian Dickson (1984–1990), and Antonio Lamer (1990–2000), all sculpted by Kenneth Phillips Jarvis, a retired Under Treasurer of the Law Society of Upper Canada.