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Keys to the Court

Docu-Course Content

About this Course
The Foundations of the Canadian Justice System
Discovering the Supreme Court of Canada
On the Bench: Supreme Court Justices
The Hearing
The Supreme Court Throughout its History
The Supreme Court's Reach in Canada and Abroad
Imagining the Supreme Court of the Future
Closing Arguments

Getting to the Supreme Court

The Path of a Case

Getting to the Supreme Court

Instructions

Click on the (+) to learn about each specific path enabling a case to reach the Supreme Court.

Instructions

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Generally, the lower court’s judgment remains in effect even after the application for leave to appeal is filed. 

However, depending on the circumstances, the Supreme Court may suspend (or “stay”) the application of the lower court’s judgment.

In Baier v. Alberta (2007), a case was brought to the Supreme Court regarding whether school board employees in Alberta could be elected as school trusteesin the same jurisdiction that employed them. 

The Alberta Court of Appeal had ruled that the provincial law prohibiting these employees from becoming trustees was valid and constitutional.  

The Supreme Court agreed to suspend (“stay”) the effect of the Alberta Court of Appeal’s decision until it had issued its own decision because it did not want to pre-emptively remove elected trustees.

By the numbers: Many leaves to appeal filed, much fewer granted

Even though there are two different paths to the appeal process, appeals as of right are much fewer and further between. The number of cases heard each year via appeals as of right is very small compared to the leave to appeal applications.

The criterion of “public importance” is very strictly applied by the Court. Even though a lot of leaves to appeal are filed every year, only a very limited number is granted.

Instructions

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