Canada's Highest Court

As Canada’s final court of appeal, the Supreme Court has jurisdiction over disputes in every area of law.

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About the Supreme Court of Canada

Established in 1875, the Supreme Court is Canada’s final court of appeal. As the highest court in the land, it has final jurisdiction over disputes in every area of the law. Since its inception, the Court has played a crucial role in shaping Canada’s legal landscape, providing the foundation for a strong and secure democratic country founded on the Rule of Law.

The Supreme Court of Canada consists of nine judges, including the Chief Justice of Canada. All judges are appointed by the Governor-in-Council. By law, three judges must come from Québec, to ensure the Court can deal with civil cases from that province.

The nine judges hear and decide cases in both English and French on legal issues that are important to the public and help develop Canadian law. The Court is also bijural, which means it applies the law according to common law and civil law legal traditions.

There are no trials or juries at the Supreme Court. No one testifies or introduces new evidence. Judges consider written and oral arguments from lawyers for the main parties, and ask them questions. They may also hear from interveners who often represent members of the public with a special interest on a legal issue.

The Supreme Court of Canada is open, impartial and independent, and is respected around the world for its culture of judicial excellence. It is an active and valued member of several international judicial organizations, and it regularly participates in professional exchanges with top courts around the world. 

The Supreme Court of Canada Emblem

First adopted in March 2021, the Supreme Court of Canada emblem communicates the Court’s role and traditions while symbolizing the fundamental principle of judicial independence. Reflected in the design are Canada’s common law and civil law traditions, the bilingual nature of the court, the nine judges and the court’s central role as the final court of appeal. Also represented are Indigenous contributions to Canadian society and law, and Canada’s status as a constitutional monarchy. The emblem recalls the ideals of transparency and accessibility, excellence, mutual peace and respect, and finally, harmony and collegiality. It also bears the Court’s chosen motto “Justitia et Veritas,” or Justice and Truth, which are also the names of the two statues that stand vigil outside the Court.

Judges of the Supreme Court

The Rt. Hon. Richard Wagner, P.C. 
Chief Justice of Canada

Appointed to the Supreme Court in 2012
Appointed Chief Justice in 2017

The Hon. Andromache Karakatsanis

Appointed to the Supreme Court in 2011

The Hon. Suzanne Côté

Appointed to the Supreme Court in 2014

The Hon. Malcolm Rowe

Appointed to the Supreme Court in 2016

The Hon. Sheilah L. Martin

Appointed to the Supreme Court in 2017

The Hon. Nicholas Kasirer

Appointed to the Supreme Court in 2019

The Hon. Mahmud Jamal

Appointed to the Supreme Court in 2021

The Hon. Michelle O'Bonsawin

Appointed to the Supreme Court in 2022

The Hon. Mary Moreau

Appointed to the Supreme Court in 2023

The Honourable Mary T. Moreau is officially sworn in by the Right Honourable Richard
Wagner, Chief Justice of Canada on November 6, 2023.

Transitions at the Court

On November 6th, 2023, the Honourable Mary T. Moreau was officially sworn in as Justice of the Supreme Court of Canada at a private ceremony with the Chief Justice and her new colleagues. 

Justice Moreau was appointed as a judge of the Court of King’s Bench of Alberta in 1994. She was also appointed as a deputy judge of the Supreme Court of Yukon in 1996, and of the Supreme Court of the Northwest Territories in 2005. In 2017, she was appointed Chief Justice of the Court of King’s Bench of Alberta. Throughout her career, she has been extensively involved in judicial education, administration, and ethics, both in Canada and internationally.

With Justice Moreau’s appointment, the Supreme Court of Canada has a majority of women judges for the first time in its history.

The judges of the Supreme Court of Canada

Judicial Independence

A Hallmark of our System of Government

The Three Branches of Governance

Canada’s Constitution sets out the basic principles of our democracy when it defines the three branches of governance in this country:

•  the executive, which decides policy; 
•  the legislative, which makes and passes laws; and
•  the judiciary, which interprets and applies the law and the Constitution.

The three branches provide essential checks and balances on one another – they all serve different functions, but are equally important.

Judicial Independence

Keeping the judiciary separate from the other two branches helps ensure one of the hallmarks of our system: the principle of judicial independence. 

Judicial independence means that the judiciary has the ability to make decisions based solely on fact and law, free of any influence from government or outside parties.

Few principles are more important to the preservation of the Rule of Law, democratic values, and fostering public confidence in our institutions. 

In 2019, the Minister of Justice and the Chief Justice of Canada entered into an accord to strengthen the independence of the Supreme Court of Canada.

“…there is no democracy without judicial independence. These are principles that all of us need to uphold – from reporters to politicians, to lawyers, to judges, to members of the public.”

The Right Honourable Richard Wagner, P.C.

Chief Justice of Canada

Canada's Highest Court

Cases can come to the Supreme Court of Canada in three ways:

1

In most cases, a party has asked for leave (permission) to appeal a decision from a lower court. These include the provincial and territorial appeal courts, the Federal Court of Appeal or the Court Martial Appeal Court of Canada. The Supreme Court will only hear cases judges consider to be of public importance.

2

There are some instances where leave is not required as parties have an automatic right to appeal. For example, in some types of criminal cases, an appeal may be brought as of right when one judge in the court of appeal has dissented on a point of law.

3

The Court also hears references, which are requests from a government for an advisory legal opinion. Reference cases often ask if a proposed or existing legislation is constitutional, for example whether the federal government has the right to legislate certain activities. The Supreme Court has answered a wide variety of reference questions over the years, on topics such as climate change, same-sex marriage, Senate reform and more.

How the courts are organized

Open and Transparent

The Supreme Court of Canada is internationally respected for its openness and transparency. As one of Canada’s most important public institutions, the Court endeavours to make its work accessible to the public in a number of ways.

Accessing Hearings & Case Information

Supreme Court hearings are open to the public, and most are available via webcast either live or on-demand. 

Case summaries and decisions are made available on the Court’s website. In order to help more people understand the legal issues and outcome of its decisions, plain-language summaries are published for every judgment called Cases in brief. 

Keeping the Media & Public Informed

The Court supports journalists in their work of reporting on legal matters by informing them of hearings and judgments, fielding their inquiries, and holding briefings on appeals. In addition, Chief Justice Richard Wagner holds an annual news conference to update the media and public on the work of the Court. 

The Court summarizes its activities and initiatives each year in this report. The Court also provides timely updates on its activities on its social channels, which presently include Instagram, LinkedIn, Facebook and X, formerly known as Twitter.

Work is well underway on the next iteration of our website to make it even more accessible, open and transparent. The website will continue to provide timely, accurate and relevant information, with improved design and navigation, thus enhancing the visitor experience.

“From ensuring that hearings and case information are available in real-time, to keeping the media well-informed of hearings and judgments, to our many different outreach initiatives, our Court is recognized around the world for promoting openness and transparency.”

The Right Honourable Richard Wagner, P.C.

Chief Justice of Canada

The Right Honourable Richard Wagner, P.C., Chief Justice of Canada at the annual news conference, June 13, 2023.

Journalists ask questions to the Chief Justice at the annual news conference,
June 13, 2023.