Reference re Supreme Court Act, ss. 5 and 6 (2014)
E263993
Reference re Supreme Court Act, ss. 5 and 6 (2014) is a landmark Supreme Court of Canada decision that clarified the constitutional requirements and limits for reforming the Court’s composition and appointment process under Canada’s amending formula.
All labels observed (2)
| Label | Occurrences |
|---|---|
| Reference re Supreme Court Act, ss. 5 and 6 | 1 |
| Reference re Supreme Court Act, ss. 5 and 6 (2014) canonical | 1 |
How this entity was disambiguated
This entity first appeared as the object of triple T2412361 — resolving that mention is where its identity was fixed. The disambiguator weighed these candidate entities and picked the highlighted one (or “None”, minting a new entity). This is how homonymy is resolved: the same surface form can point to different entities.
Target entity: Reference re Supreme Court Act, ss. 5 and 6 (2014) Context triple: [Constitutional amending formula, notableCase, Reference re Supreme Court Act, ss. 5 and 6 (2014)]
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A.
Supreme Court Act 2003
The Supreme Court Act 2003 is the New Zealand statute that established the Supreme Court as the country’s highest appellate court, replacing appeals to the Judicial Committee of the Privy Council in London.
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B.
Judiciary Act 1903
The Judiciary Act 1903 is an Australian federal statute that structured the nation’s judicial system and defined the jurisdiction and operation of the High Court of Australia.
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C.
Senior Courts Act 2016
The Senior Courts Act 2016 is New Zealand legislation that reformed and codified the structure, jurisdiction, and operation of the country’s higher courts, including the Supreme Court, Court of Appeal, and High Court.
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D.
Courts Act 2003
The Courts Act 2003 is a key piece of UK legislation that modernised and reorganised the court system in England and Wales, defining the structure, administration, and operation of the judiciary.
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E.
Senior Courts Act 1981
The Senior Courts Act 1981 is a key piece of UK legislation that organizes and defines the structure, jurisdiction, and procedures of the senior courts of England and Wales.
- F. None of above. chosen
- G. Unsure - the case is ambiguous/there is not enough information to decide.
Target entity: Reference re Supreme Court Act, ss. 5 and 6 (2014) Target entity description: Reference re Supreme Court Act, ss. 5 and 6 (2014) is a landmark Supreme Court of Canada decision that clarified the constitutional requirements and limits for reforming the Court’s composition and appointment process under Canada’s amending formula.
-
A.
Supreme Court Act 2003
The Supreme Court Act 2003 is the New Zealand statute that established the Supreme Court as the country’s highest appellate court, replacing appeals to the Judicial Committee of the Privy Council in London.
-
B.
Judiciary Act 1903
The Judiciary Act 1903 is an Australian federal statute that structured the nation’s judicial system and defined the jurisdiction and operation of the High Court of Australia.
-
C.
Senior Courts Act 2016
The Senior Courts Act 2016 is New Zealand legislation that reformed and codified the structure, jurisdiction, and operation of the country’s higher courts, including the Supreme Court, Court of Appeal, and High Court.
-
D.
Courts Act 2003
The Courts Act 2003 is a key piece of UK legislation that modernised and reorganised the court system in England and Wales, defining the structure, administration, and operation of the judiciary.
-
E.
Senior Courts Act 1981
The Senior Courts Act 1981 is a key piece of UK legislation that organizes and defines the structure, jurisdiction, and procedures of the senior courts of England and Wales.
- F. None of above. chosen
Statements (47)
| Predicate | Object |
|---|---|
| instanceOf |
Supreme Court of Canada decision
ⓘ
constitutional reference ⓘ |
| alsoKnownAs |
Nadon Reference
ⓘ
Reference re Supreme Court Act, ss. 5 and 6 (2014) ⓘ
surface form:
Reference re Supreme Court Act, ss. 5 and 6
|
| bindingOn | all Canadian courts ⓘ |
| characterization |
landmark decision
ⓘ
leading case on constitutional amendment and Supreme Court composition ⓘ |
| citation | 2014 SCC 21 ⓘ |
| concernedProvision |
section 5 of the Supreme Court Act
ⓘ
section 6 of the Supreme Court Act ⓘ |
| constitutionalDoctrine |
amending formula under Part V of the Constitution Act, 1982
ⓘ
entrenchment of the Supreme Court of Canada’s composition ⓘ |
| constitutionalProvisionInterpreted |
Constitution Act, 1867
ⓘ
Constitution Act, 1982 ⓘ
surface form:
Constitution Act, 1982, Part V
|
| country | Canada ⓘ |
| court | Supreme Court of Canada ⓘ |
| decisionDate | 2014-03-21 ⓘ |
| decisionType | advisory opinion ⓘ |
| governsTopic |
constitutional limits on federal legislation affecting the Supreme Court of Canada
ⓘ
eligibility of Quebec appointees to the Supreme Court of Canada ⓘ |
| heldThat |
Parliament cannot unilaterally change the eligibility requirements for judges from Quebec on the Supreme Court of Canada
ⓘ
Parliament cannot unilaterally enact legislation to permit former advocates of the Quebec bar appointed to the Federal Court to be appointed to Quebec seats on the Supreme Court of Canada ⓘ changes to the composition of the Supreme Court of Canada require a constitutional amendment under the general amending formula in Part V of the Constitution Act, 1982 ⓘ sections 5 and 6 of the Supreme Court Act, as they relate to the composition of the Court, have constitutional status ⓘ |
| impact |
clarified that the Supreme Court of Canada has a constitutional status and composition that cannot be altered unilaterally by Parliament
ⓘ
influenced subsequent debates on Senate and Supreme Court reform ⓘ limited federal legislative power over eligibility criteria for Supreme Court of Canada judges ⓘ |
| jurisdiction | federal ⓘ |
| languageOfDecision |
English
ⓘ
French ⓘ |
| legalArea |
Canadian federalism
ⓘ
constitutional law ⓘ judicial appointments ⓘ |
| legalSystem | common law ⓘ |
| neutralCitation | 2014 SCC 21 ⓘ |
| originatingParty |
Canadian federal government (Ottawa)
ⓘ
surface form:
Government of Canada
|
| originatingStatute | Supreme Court Act ⓘ |
| provinceConcerned |
Quebec, Canada
ⓘ
surface form:
Quebec
|
| questionType | reference question ⓘ |
| relatedCase |
Reference re Senate Reform (2014)
ⓘ
surface form:
Reference re Senate Reform
|
| relatedTo |
entrenchment of the Supreme Court of Canada in the Constitution
ⓘ
reform of the Supreme Court of Canada ⓘ |
| shortName |
Supreme Court Act
ⓘ
surface form:
Supreme Court Act Reference
|
| subjectMatter |
constitutional requirements for appointment of Quebec judges to the Supreme Court of Canada
ⓘ
interpretation of sections 5 and 6 of the Supreme Court Act ⓘ limits on Parliament’s power to amend the composition of the Supreme Court of Canada ⓘ |
| yearDecided | 2014 ⓘ |
How these facts were elicited
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Subject: Reference re Supreme Court Act, ss. 5 and 6 (2014) Description of subject: Reference re Supreme Court Act, ss. 5 and 6 (2014) is a landmark Supreme Court of Canada decision that clarified the constitutional requirements and limits for reforming the Court’s composition and appointment process under Canada’s amending formula.
Referenced by (2)
Full triples — surface form annotated when it differs from this entity's canonical label.