A day in Court

 Audio - A day in Court (1,406 kb)

Housed high on a cliff overlooking the Ottawa River, the Supreme Court of Canada is the country's highest tribunal for legal issues of federal and provincial jurisdiction.

The courthouse opened at its current location just west of Parliament Hill in January 1946. Except for the summer months, nine justices hear an average 100 appeal cases of national importance out of some 600 requests per year, ranging from major constitutional challenges to civil disputes between individuals.

When court is sitting, the justices begin their day by dressing in black robes. Red robes trimmed in Canadian white mink ermine are worn only for special occasions, such as the swearing in of a new judge. On most days, the justices assemble in a conference room behind the main courtroom for a brief discussion of the day's caseload.

As the doors to the courtroom swing open, an attendant proclaims in French and English, "La Cour; the Court." The justices enter the room and take their places behind the bench in order of seniority, with the chief justice in the centre chair. Also present are a court clerk, law clerks, court attendants, lawyers, the media and the public, whose numbers vary depending on the importance of the case being heard.

The court sits only in Ottawa, although litigants can present oral arguments from remote locations by means of a videoconference system. As part of a pilot project, most hearings are also telecast in their entirety in both official languages. When in session, the court sits from Monday to Friday and usually hears two appeals a day, although exceptionally complex matters may take as long as a week. The court customarily allows two hours to hear an appeal, with each party allotted one hour to present its arguments. During the argument, any justice may question the lawyers.

When all parties have been heard, the justices retire to the conference room to discuss the case, starting with the most junior judge. The decision of the court is sometimes rendered at the conclusion of the hearing, but judgment is usually reserved to enable the justices to write their reasons. Decisions of the court need not be unanimous; a majority may decide, with dissenting reasons given by the minority. Each justice may write reasons in any case if he or she chooses to do so.

Once a decision has been reached and documented, copies of the judgment in both official languages may be obtained at the process registry or consulted on the Internet. On average, decisions are released to the public six months after a case has been heard.