The Supreme Court at 150

The Supreme Court of Canada turns 150 this year! From modest beginnings in 1875, the Supreme Court has evolved into the trusted final authority on Canadian law and the Constitution. Learn more about the Court’s early days.

Presented in collaboration with Library and Archives Canada and the Senate of Canada.

On this page

• Founding an institution
• Setting precedents
• Proclaiming the new Constitution

Founding an institution

The Fathers of Confederation intended “a General Court of Appeal,” but Parliament only established such a court in 1875 after 2 previous attempts. Until 1949, however, the Court’s decisions could be appealed to the Judicial Committee of the Privy Council in London, United Kingdom.

Parliament rejected an early Supreme Court proposal in 1869; critics worried that the court would have no Francophone judges and would unfairly strengthen federal power.

The Supreme and Exchequer Court Act received royal assent on April 8, 1875. The Governor General—the Marquess of Dufferin and Ava—and the clerks of the Senate and the House of Commons signed the original French and English copies.

Quebec’s Attorney-General commented on proposed amendments to the Supreme Court Act, which would have changed how the Court heard cases from his province.

Setting precedents

The Supreme Court considered important questions of the day in its first cases. Practical tasks, such as building a court library and buying furniture, also kept court staff busy.

In its first decision, on a question from Parliament, the Court ruled that incorporating a religious teaching order was a provincial, not federal, responsibility.

The Court’s first appeal clarified the scope of a controversial Prince Edward Island law forcing absentee landlords to sell their land to the government.

The new Court’s mandate was ambitious, but its first expenses were modest: stamps, telegrams and cleaning supplies for the caretaker.

Writing to the Department of Justice, the Registrar requested furniture for the Court’s quarters, including chairs for the judges.

Can you find a book by Adolphe-Basile Routhier in this ledger? A respected judge and legal scholar, Routhier is best known for having written the French lyrics to O Canada.

Proclaiming the new Constitution

The Constitution Act, 1982 gave Canada the power to amend its own foundational law without consulting the United Kingdom. See the royal proclamation that enacted the new Constitution and learn why there are 2 copies.

Signed in duplicate

On April 17, 1982, Queen Elizabeth II signed the royal proclamation enacting the Constitution Act, 1982. The new Constitution included an amendment process and the Canadian Charter of Rights and Freedoms. The Charter sets out the Supreme Court of Canada’s role as guardian of the Constitution.

The Queen signed 2 copies of the proclamation. Raindrops damaged the first copy during the ceremony, and in 1983, an activist damaged the second copy by throwing paint on it to protest missile tests in northern Canada. Unintentionally imperfect, the 2 proclamations symbolize the process of making a better country.