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)

How this entity was disambiguated

Statements (47)

Predicate Object
instanceOf Supreme Court of Canada decision ⓘ
constitutional reference ⓘ
alsoKnownAs Nadon Reference ⓘ
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, 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 Government of Canada ⓘ
originatingStatute Supreme Court Act ⓘ
provinceConcerned Quebec ⓘ
linked to: Quebec, Canada
questionType reference question ⓘ
relatedCase 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 Reference ⓘ
linked to: Supreme Court Act
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

Referenced by (3)

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 ⓘ
linked to: Reference re Supreme Court Act, ss. 5 and 6 (2014)
Nadon Reference → alsoKnownAs → Reference re Supreme Court Act, ss. 5 and 6 ⓘ
linked to: Reference re Supreme Court Act, ss. 5 and 6 (2014)