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.

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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

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Referenced by (2)

Full triples — surface form annotated when it differs from this entity's canonical label.

Constitutional amending formula notableCase Reference re Supreme Court Act, ss. 5 and 6 (2014)
Reference re Supreme Court Act, ss. 5 and 6 (2014) alsoKnownAs Reference re Supreme Court Act, ss. 5 and 6 (2014)
this entity surface form: Reference re Supreme Court Act, ss. 5 and 6