List of justices of the Supreme Court of Canada

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The Supreme Court of Canada is the highest court of Canada. It was established by the Parliament of Canada through the Supreme and Exchequer Court Act of 1875. [1] Since 1949, the Court has been the final court of appeal in the Canadian justice system. Originally composed of six justices (the Chief Justice of Canada and five puisne justices), the Court was expanded to seven justices by the creation of an additional puisne justice position in 1927, [2] and then to nine justices by the creation of two more puisne justice positions in 1949. [3]

Contents

The justices are appointed by the governor general on the advice of the prime minister. When a chief justice leaves office, the vacancy is traditionally filled by elevating an incumbent puisne justice to the position, which requires a separate appointment process. The first six justices of the Court were all appointed in 1875 by Governor General the Earl of Dufferin, on the advice of Prime Minister Alexander Mackenzie.

Of the nine justices, three positions are required by law to be held by judges who are either judges of the superior courts of Quebec, or members of the Bar of Quebec, at the time of their appointment. [4] [5] Traditionally, three of the remaining judges are appointed from Ontario, two from the four western provinces, and one from the Atlantic provinces. The judges from these provinces, other than Quebec, must have been a judge of a superior court, or a member of the bar of one of those provinces for ten or more years prior to the appointment. [6]

Justices hold office until age 75, during good behaviour. They are removable by the Governor General on address of the Canadian Senate and House of Commons. [7] When the Court was created in 1875, the justices had life tenure, but in 1927 this was converted to mandatory retirement at age 75. [8] Because the legislation did not contain a grandfather clause it immediately applied to any judge who was already over age 75 at the time it came into force. As a result, Justice John Idington, aged 86, was forced to retire from the Court.

Since the Supreme Court was created in 1875, 90 persons have served on the Court. The length of overall service on the Court for the 81 non-incumbent justices ranges from Sir Lyman Duff's 37 years, 101 days, to the 232-day tenure of John Douglas Armour. The length of service for the 9 incumbent justices ranges from that of Andromache Karakatsanis, 13 years, 101 days to Mary Moreau's 1 year, 85 days.

Justices

Richard Wagner, the current chief justice (since 2017) The Honourable Richard Wagner.jpg
Richard Wagner, the current chief justice (since 2017)
Beverley McLachlin, the first woman to serve as chief justice (2000-2017) Beverley McLachlin (crop).jpg
Beverley McLachlin, the first woman to serve as chief justice (2000–2017)

In the table below, the index numbers in the far left column denote the order in which the justices were appointed as a Supreme Court puisne justice (or, as chief justice where the individual was appointed directly as chief justice). Also, a shaded row— —denotes a current justice. Additionally, while many of the justices' positions prior to appointment are simply listed as "lawyer", many had part-time positions, such as teaching, or acted as counsel to various levels of government. The justices of the Supreme Court are:

Notes

  1. Age 69, mandatory retirement date: October 3, 2030
  2. Age 67, mandatory retirement date: April 2, 2032
  3. Age 66, mandatory retirement date: September 21, 2033
  4. Age 71, mandatory retirement date: June 27, 2028
  5. Age 68, mandatory retirement date: May 31, 2031
  6. Age 64, mandatory retirement date: February 20, 2035
  7. Age 57, mandatory retirement date: July 20, 2042
  8. Age 50; mandatory retirement May 2, 2049
  9. Age 68–69; [15] mandatory retirement 2030/2031

Timeline of justices

This graphical timeline depicts the progression of the justices on the Supreme Court. Information regarding each justice's predecessors, successors and fellow justices, as well as their tenure on the court can be gleaned (and comparisons between justices drawn) from it. There are no formal names or numbers for the individual seats of the puisne justices.

Mary MoreauMichelle O'BonsawinMahmud JamalNicholas KasirerSheilah MartinMalcolm RoweRussell Brown (judge)Suzanne CôtéClément GasconRichard Wagner (judge)Andromache KarakatsanisMichael MoldaverThomas Cromwell (jurist)Marshall RothsteinLouise CharronRosalie AbellaMorris J. FishMarie DeschampsLouis LeBelLouise ArbourIan BinnieMichel BastaracheJohn C. MajorFrank IacobucciWilliam Stevenson (judge)Beverley McLachlinPeter CoryCharles GonthierJohn SopinkaClaire L'Heureux-DubéGérard La ForestGerald Le DainBertha WilsonAntonio LamerJulien ChouinardWilliam McIntyre (judge)Yves PratteWillard EsteyLouis-Philippe de GrandpréJean BeetzBrian DicksonBora LaskinLouis-Philippe PigeonWishart SpenceEmmett Matthew HallRoland RitchieWilfred JudsonRonald MartlandHenry Grattan NolanDouglas AbbottGérald FauteuxJohn Robert CartwrightCharles Holland LockeJames Wilfred EsteyRoy KellockIvan RandRobert TaschereauAlbert HudsonPatrick KerwinHenry Hague DavisFrank Joseph HughesOswald Smith CrocketLawrence Arthur Dumoulin CannonRobert Smith (Canadian judge)John Henderson LamontThibaudeau RinfretEdmund Leslie NewcombeArthur Cyrille Albert MalouinPierre-Basile MignaultLouis-Philippe BrodeurFrancis Alexander AnglinLyman DuffCharles FitzpatrickJames MaclennanJohn IdingtonAlbert Clements KillamWallace NesbittJohn Douglas ArmourDavid Mills (Canadian politician)Louis Henry DaviesDésiré GirouardGeorge Edwin KingRobert Sedgewick (judge)Christopher Salmon PattersonJohn Wellington GwynneHenri Elzéar TaschereauWilliam Alexander HenryTélesphore FournierJean-Thomas Taschereau (judge)Samuel Henry StrongWilliam Johnstone RitchieWilliam Buell RichardsList of justices of the Supreme Court of Canada
Colour key:
  Chief justice

Justices' birthplaces

PlaceNo.Justices
Canada (81): [a]
Alberta [b]
4
McLachlin; Moreau; Nolan; Stevenson
British Columbia
2
Brown; Iacobucci
Manitoba
2
Locke; Rothstein
New Brunswick
6
Anglin; Crocket; J. W. Estey; King; La Forest; Rand
Newfoundland and Labrador
1
Rowe
Nova Scotia
5
Henry; Killam; Newcombe; R. A. Richie; W. J. Ritchie
Ontario [c]
24
Armour; Cartwright; Charron; Cory; Cromwell; Davis; Duff; Hudson; Hughes; Idington; Karakatsanis; Kellock; Kerwin; Lamont; Laskin; Maclennan; Major; Mills; Moldaver; Nesbitt; O'Bonsawin; Richards; Smith; Spence
Prince Edward Island
1
Davies
Quebec [d]
34
Abbott; Arbour; Bastarache; Beetz; Binnie; Brodeur; Cannon; Chouinard; Côté; de Grandpré; Deschamps; Fauteux; Fish; Fitzpatrick; Fournier; Gascon; Girouard; Gonthier; Hall; Kasirer; Lamer; Le Dain; LeBel; L'Heureux-Dubé; Malouin; Martin; McIntyre; Pigeon; Pratte; Rinfret; H.-E. Taschereau; J.-T. Taschereau; R. Taschereau; Wagner
Saskatchewan
3
Dickson; W. Z. Estey; Sopinka
United Kingdom (7):
England
4
Judson; Martland; Patterson; Strong
Scotland
2
Sedgewick; Wilson
Ireland [e]
1
Gwynne
United States (1):
Massachusetts
1
Mignault
Germany (1):
Baden-Württemberg
1
Abella
Kenya (1):
Nairobi
1
Jamal
Total: 91

Notes

  1. At least one Supreme Court justice has been born in each of Canada's current 10 provinces; none however, have been born in its current territories (the Northwest Territories, Nunavut, and Yukon).
  2. Includes territory previously in the Northwest Territories prior to 1905
  3. Includes the former colony of Upper Canada, and Canada West in the former Province of Canada
  4. Includes the former colony of Lower Canada, and Canada East in the former Province of Canada
  5. Includes all of Ireland as part of the United Kingdom, prior to 1922

Of the 91 justices who have served on the court, just over half, 49, had previously served on provincial appellate courts, although not all of these were serving in that capacity immediately prior to their appointment (e.g. Beverley McLachlin had served on the British Columbia Court of Appeal before being named Chief Justice of the Supreme Court of British Columbia; Louise Arbour had served on the Court of Appeal for Ontario before being named Chief Prosecutor of the International Criminal Tribunals for Rwanda and the former Yugoslavia). Three served on the appellate division of the Federal Court of Canada: Frank Iacobucci as Chief Justice of the Court, and Gerald Le Dain and Marshall Rothstein as appellate justices.

Twenty-eight justices were named to the Supreme Court directly from the bar without having previously served as judges, including one Chief Justice (Charles Fitzpatrick). Of those, eleven had served or were serving in various federal government capacities, including member of Parliament, cabinet minister, or deputy minister, prior to their appointment. A further 12 served on provincial superior trial courts.

Of the 31 justices appointed since 1980, only three had no prior judicial experience: John Sopinka, Ian Binnie and Suzanne Côté.

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References

  1. Supreme and Exchequer Court Act, S.C. 1875, c. 11.
  2. An Act to amend the Supreme Court Act, S.C. 1927, c. 38, s. 1
  3. An Act to amend the Supreme Court Act, S.C. 1949, c. 37, s.1
  4. Supreme Court Act, R.S.C. 1985, c. S‑26, s. 6.
  5. Reference re Supreme Court Act, ss. 5 and 6, 2014 SCC 21.
  6. Supreme Court Act, R.S.C. 1985, c. S-26, s. 5.
  7. Supreme Court Act, R.S.C. 1985, c. S-26, s. 9.
  8. An Act to amend the Supreme Court Act, S.C. 1927, c. 38, s. 2.
  9. "Current and Former Chief Justices". Ottawa, Ontario: Supreme Court of Canada. January 2001. Retrieved November 13, 2018.
  10. "Current and Former Judges". Ottawa, Ontario: Supreme Court of Canada. January 2001. Retrieved November 13, 2018.
  11. Zimonjic, Peter (April 15, 2019). "Supreme Court Justice Clement Gascon announces retirement". CBC News . Canada. Retrieved April 15, 2019.
  12. Tasker, John paul (June 12, 2023). "Russell Brown steps down from Supreme Court after probe launched into misconduct claim". CBC News. Retrieved June 12, 2023.
  13. 1 2 3 "The Honourable Michelle O'Bonsawin". Supreme Court of Canada. September 1, 2022. Archived from the original on September 2, 2022. Retrieved September 1, 2022. Justice O'Bonsawin holds a Bachelor of Arts from Laurentian University, a Bachelor of Law from the University of Ottawa, a Master of Law from Osgoode Hall Law School, and a Doctorate in Law from the University of Ottawa.
  14. "Nomination of the Honourable Michelle O'Bonsawin, alumna, to the Supreme Court of Canada". University of Ottawa Gazette. August 23, 2022. Archived from the original on September 2, 2022. Retrieved September 1, 2022. Justice O'Bonsawin also has strong ties to the University of Ottawa, having earned an LL.B. in Common Law in 1998 from the University and a PhD in 2022.
  15. 1 2 Fine, Sean (November 1, 2023) [first published 2023-11-01]. "'I consider her a fighter': Supreme Court pick Mary Moreau hailed as a voice for minority rights". The Globe and Mail . Retrieved November 11, 2023. On Thursday, the 67-year-old is to answer questions from a Parliamentary committee.
  16. "Chief Justice Wagner Welcomes the Appointment of the Honourable Mary T. Moreau". Supreme Court of Canada (Press release). November 6, 2023. Retrieved November 6, 2023.

Bibliography