69-547: Politics Economy Roncarelli v. Duplessis , [1959] S.C.R. 121, was a landmark constitutional decision of the Supreme Court of Canada . The court held that in 1946 Maurice Duplessis , both Premier and Attorney General of Quebec , had overstepped his authority by ordering the manager of the Liquor Commission to revoke the liquor licence of Frank Roncarelli, a Montreal restaurant owner and Jehovah's Witness who
138-519: A 1% success rate for Charter claimants. Lamer was succeeded as the chief justice by Beverley McLachlin in January 2000. She was the first woman to hold that position. McLachlin's appointment resulted in a more centrist and unified court. Dissenting and concurring opinions were fewer than during the Dickson and Lamer courts. With the 2005 appointments of puisne justices Louise Charron and Rosalie Abella ,
207-518: A day. A quorum consists of five members for appeals, but a panel of nine justices hears most cases. On the bench, the chief justice of Canada or, in his or her absence, the senior puisne justice, presides from the centre chair with the other justices seated to his or her right and left by order of seniority of appointment. At sittings, the justices usually appear in black silk robes but they wear their ceremonial robes of bright scarlet trimmed with Canadian white mink in court on special occasions and in
276-575: A general election and minority parliament intervened with delays such that the Prime Minister recommended Justice Cromwell after consulting the leader of the Opposition . As of August 2016, Prime Minister Justin Trudeau opened the process of application to change from the above-noted appointment process. Under the revised process, "[any] Canadian lawyer or judge who fits specified criteria can apply for
345-637: A legislature sufficient time to enact a new replacement scheme of legislation. For example, in Reference Re Manitoba Language Rights , the court struck down Manitoba's laws because they were not enacted in the French language, as required by the Constitution. However, the Court stayed its judgment for five years to give Manitoba time to re-enact all its legislation in French. It turned out five years
414-571: A permit. The police arrested over a thousand young Jehovah's Witnesses between 1944 and 1946. All of these cases would eventually be thrown out of court. (see Saumur v. The City of Quebec . ) Frank (Francesco) Roncarelli was an Italian immigrant and a member of Jehovah's Witnesses . In 1946 he was the owner of the Quaff Cafe, a successful upscale restaurant on Crescent Street in Montreal started by his father in 1912. It had been continually licensed by
483-407: A point of contention. In 2006, an interview phase by an ad hoc committee of members of Parliament was added. Justice Marshall Rothstein became the first justice to undergo the new process. The prime minister still has the final say on who becomes the candidate that is recommended to the governor general for appointment to the court. The government proposed an interview phase again in 2008, but
552-724: A retired Under Treasurer of the Law Society of Upper Canada . The court was previously housed in the Railway Committee Room and a number of other committee rooms in the Centre Block on Parliament Hill. The court then sat in the Old Supreme Court building on Bank Street, between 1889 and 1945. That structure was demolished in 1955 and the site used as parking for Parliament Hill. Press conference A press conference , also called news conference or press briefing ,
621-671: A seat on the Supreme Court, through the Office of the Commissioner for Federal Judicial Affairs." Functional bilingualism is now a requirement. Justices were originally allowed to remain on the bench for life , but in 1927 a mandatory retirement age of 75 was instituted. They may choose to retire earlier, but can only be removed involuntarily before that age by a vote of the Senate and House of Commons . The current chief justice of Canada
690-498: A simple majority is determinative. By convention, this panel never explains why it grants or refuses leave in any particular case, but the court typically hears cases of national importance or where the case allows it to settle an important issue of law. Leave is rarely granted, meaning that for most litigants, provincial courts of appeal are courts of last resort. But leave to appeal is not required for some cases, primarily indictable criminal cases in which at least one appellate judge (on
759-541: A time, or even continuously, assignment editors have a steady appetite for ever-larger quantities of footage. News conferences are often held by politicians ; by sports teams; by celebrities or film studios; by commercial organizations to promote products; by attorneys to promote lawsuits ; and by almost anyone who finds benefit in the free publicity afforded by media coverage. Some people, including many police chiefs, hold press conferences reluctantly in order to avoid dealing with reporters individually. A press conference
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#1732851094186828-481: Is Richard Wagner. He was appointed to the court as a puisne judge on 5 October 2012 and appointed chief justice, 18 December 2017. The nine justices of the Wagner Court are: The following graphical timeline depicts the length of each current justice's tenure on the Supreme Court (not their position in the court's order of precedence) as of 28 November 2024. Andromache Karakatsanis has had the longest tenure of any of
897-432: Is a media event in which notable individuals or organizations invite journalists to hear them speak and ask questions. Press conferences are often held by politicians , corporations , non-governmental organizations , and organizers for newsworthy events. In a press conference, one or more speakers may make a statement, which may be followed by questions from reporters. Sometimes only questioning occurs; sometimes there
966-413: Is a special press conference event where rather than holding a conference after an event to field questions about the event that has recently transpired, a conference is held for the sole purpose of making newsmakers available to the media for general questions and photographs often before an event or series of events (such as an athletic season) occur. In athletics, teams and leagues host media days prior to
1035-479: Is a statement with no questions permitted. A media event at which no statements are made, and no questions allowed, is called a photo op . A government may wish to open their proceedings for the media to witness events, such as the passing of a piece of legislation from the government in parliament to the senate, via a media availability. American television stations and networks especially value press conferences: because today's TV news programs air for hours at
1104-621: Is often announced by sending an advisory or news release to assignment editors , preferably well in advance. Sometimes they are held spontaneously when several reporters gather around a newsmaker. News conferences can be held just about anywhere, in settings as formal as the White House room set aside for the purpose or as informal as the street in front of a crime scene. Hotel conference rooms and courthouses are often used for press conferences. Sometimes such gatherings are recorded for press use and later released on an interview disc . Media day
1173-536: The Charter of Rights and Freedoms , Parliament or the provincial legislatures may make that particular law temporarily valid again against by using the "override power" of the notwithstanding clause . In one case, the Quebec National Assembly invoked this power to override a Supreme Court decision ( Ford v Quebec (AG) ) that held that one of Quebec's language laws banning the display of English commercial signs
1242-753: The Catholic majority. Meetings were broken up, and members were beaten, ordered out of town, or even thrown out of the province. Protestant groups had traditionally limited themselves to winning converts among the English-speaking minority, and Jehovah's Witnesses aggressively attacked other faiths as paths to damnation, particularly Roman Catholicism , so they became the target of Quebec's powerful Catholic Church. In 1945, Maurice Duplessis acting as both Premier and Attorney General of Quebec, had provincial and municipal authorities take action against what they considered seditious and offensive behaviour, resulting in
1311-456: The Commission were to be considered quasi-judicial, in which case procedural fairness guarantees would apply, that still would not entitle the plaintiff to monetary damages. Supreme Court of Canada The Supreme Court of Canada ( SCC ; French : Cour suprême du Canada , CSC) is the highest court in the judicial system of Canada . It comprises nine justices , whose decisions are
1380-545: The Federal Court of Canada and Federal Court of Appeal, where it is optional. Every four years, the Judicial Compensation and Benefits Commission makes recommendations to the federal government about the salaries for federally appointed judges, including the judges of the Supreme Court. That recommendation is not legally binding on the federal government, but the federal government is generally required to comply with
1449-536: The Jehovah's Witness prisoners. Duplessis would declare their activities as seditious and compare their activities to those of Nazis and Communists. Roncarelli was told that he was barred from holding a liquor licence and that the action was a warning that others would similarly be stripped of provincial "privileges" if they persisted in their activities related to the Witnesses. Roncarelli tried to keep his business open without
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#17328510941861518-541: The Premier who spoke to Édouard Archambault, Chairman of the Quebec Liquour Commission. Roncarelli's licence was subsequently revoked by Premier Duplessis, who later called a press conference to announce that he had cancelled Roncarelli's licence because of his support of Witnesses. Extensive testimony showed the government actors believed that Roncarelli was disrupting the court system, causing civil disorder and so
1587-475: The Quebec Liquor Commission to serve alcohol for that period. Roncarelli used his wealth to secure bail bonds for the accused, eventually furnishing bail for Jehovah's Witnesses about 390 times putting up a total surety of $ 83 000. The defence and lawyers for the city and province agreed to proceed with a test case, but the large numbers of bonds led to a backlog of cases. The Chief Prosecutor of
1656-549: The Quebec Liquor Commission, but that required the support of the Attorney General to proceed, who was Duplessis. Duplessis responded at a February 7, 1947, press conference by saying that the licence was now suspended "forever". Roncarelli would bring on civil rights lawyers F. R. Scott to again petition the Chef Justice to sue Archambeault, to no avail. Roncarelli then sued Premier Duplessis directly, asking $ 118,741, but
1725-457: The Senate at the opening of each new session of Parliament. Counsel appearing before the court may use either English or French. The judges can also use either English or French. There is simultaneous translation available to the judges, counsel and to members of the public who are in the audience, or watching by livestream. The decision of the court is sometimes rendered orally at the conclusion of
1794-601: The Supreme Court has declined to answer a question from the Cabinet. In that case, the court said it would not decide if same-sex marriages were required by the Charter of Rights and Freedoms , because the government had announced it would change the law regardless of its opinion, and subsequently did. The Supreme Court thus performs a unique function. It can be asked by the Governor-in-Council to hear references considering important questions of law. Such referrals may concern
1863-437: The Supreme Court is referred to as The Honourable Mr/Madam Justice and the chief justice as Right Honourable . At one time, judges were addressed as "My Lord" or "My Lady" during sessions of the court, but it has since discouraged this style of address and has directed lawyers to use the simpler "Justice", "Mr Justice" or "Madam Justice". The designation "My Lord/My Lady" continues in many provincial superior courts and in
1932-526: The Supreme Court of Canada are located on the laws-lois.justice.gc.ca website, as well as in the Canada Gazette , as SOR/2002-216 (plus amendments), made pursuant to subsection 97(1) of the Supreme Court Act . Fees and taxes are stipulated near the end. Since 1967, the court has hired law clerks to assist in legal research. Between 1967 and 1982, each puisne justice was assisted by one law clerk and
2001-469: The Supreme Court of Canada. It also contains two courtrooms used by the Federal Court and the Federal Court of Appeal . The building was designed by Ernest Cormier and is known for its Art Deco style —including two candelabrum-style fluted metal lamp standards that flank the entrance and the marble walls and floors of the lobby —contrasting with the châteauesque roof. Construction began in 1939, with
2070-399: The Supreme Court of Canada. Roncarelli's son maintained that it was also a significant moral victory in his father's struggle against the system. Roncarelli's legal counsel throughout were A. L. Stein and Professor Frank Scott . Cartwright wrote a dissenting judgement which argued that it was within the power of the commission to refuse to grant Roncarelli a permit, as the act only fettered
2139-619: The arrest of groups of Jehovah's Witnesses in Montreal for distributing pamphlets and literature. A Montreal city bylaw had been enacted in 1945 requiring a licence "for peddling any kind of wares" to curtail their activity. This carried a fine of $ 40 or 60 days imprisonment. The accused pleaded 'not guilty", maintaining that under the Quebec Freedom of Worship Act they were ministers of the Gospel and could visit homes and distribute literature without
Roncarelli v Duplessis - Misplaced Pages Continue
2208-519: The bar or superior judiciary of Quebec, by law, must hold three of the nine positions on the Supreme Court of Canada. This is justified on the basis that Quebec uses civil law , rather than common law , as in the rest of the country. As explained in the reasons in Reference Re Supreme Court Act, ss. 5 and 6 , sitting judges of the Federal Court and Federal Court of Appeal cannot be appointed to any of Quebec's three seats. By convention,
2277-511: The bench reached its current composition of nine justices. Prior to 1949, most of the appointees to the court owed their position to political patronage . Each judge had strong ties to the party in power at the time of their appointment. In 1973, the appointment of a constitutional law professor Bora Laskin as chief justice represented a major turning point for the court. Laskin's federalist and liberal views were shared by Prime Minister Pierre Trudeau , who recommended Laskin's appointment to
2346-401: The cancellation outside his authority as premier; two judges stated that although Duplessis had the power to order the cancellation, he had done so in bad faith; and the sixth judge concluded the premier was not entitled to immunity as a public official. Justice Ivan Rand wrote in his often-quoted reasons that the unwritten constitutional principle of the " rule of law " meant no public official
2415-502: The central cases in the constitutional theory later called the " Implied Bill of Rights ." Justice Morris Fish would describe it as "Canada's most important decision on the rule of law ." The Jehovah's Witnesses began to aggressively evangelize and seek converts among Catholic French Canadians in the mid-1940's. Methods included home services, public lectures, and distributing pamphlets and selling periodicals such as The Watchtower and Awake! door to door. These were unpopular with
2484-463: The chief justice had two. From 1982, the number was increased to two law clerks for each justice. Currently, each justice has up to three law clerks. The Supreme Court of Canada Building ( French : L'édifice de la Cour suprême du Canada ) is located just west of Parliament Hill , at 301 Wellington Street . It is situated on a bluff high above the Ottawa River in downtown Ottawa and is home to
2553-616: The chief justice is Richard Wagner . Along with the German Federal Constitutional Court and the European Court of Human Rights , the Supreme Court of Canada is among the most frequently cited courts in the world. The structure of the Canadian court system is pyramidal, a broad base being formed by the various provincial and territorial courts whose judges are appointed by the provincial or territorial governments. At
2622-478: The city, Oscar Gagnon, was overwhelmed by the number of Witnesses being arrested and then set free by Roncarelli's intervention. On November 25, 1946, city courts decided that the property bonds posted for bail by Roncarelli would no longer be accepted. In response, the Jehovah's Witnesses circulated "Quebec's Burning Hate", a pamphlet with a blistering attack in the Church and Duplessis government. Gagnon would contact
2691-409: The commission by delineating circumstances under which the granting of a permit was forbidden and circumstances in which the cancellation of a permit was mandatory. Cartwright argued that as the Commission was an administrative tribunal, not a judicial one, it was "a law unto itself" and did not need to base its decision on anything more than policy and expediency. Cartwright went on to argue that even if
2760-583: The common law, on the interpretation of statutes, or on any other application of law, can, in effect, be nullified by legislation, unless the particular decision of the court in question involves application of the Canadian Constitution , in which case, the decision (in most cases) is completely binding on the legislative branch. This is especially true of decisions which touch upon the Canadian Charter of Rights and Freedoms , which cannot be altered by
2829-448: The constitutionality or interpretation of federal or provincial legislation, or the division of powers between federal and provincial spheres of government. Any point of law may be referred in this manner. However, the Court is not often called upon to hear references. References have been used to re-examine criminal convictions that have concerned the country as in the cases of David Milgaard and Steven Truscott . The Supreme Court has
Roncarelli v Duplessis - Misplaced Pages Continue
2898-580: The cornerstone laid by Queen Elizabeth , consort of King George VI and later known as the Queen Mother. In her speech, she said, "perhaps it is not inappropriate that this task should be performed by a woman; for woman's position in a civilized society has depended upon the growth of law." The court began hearing cases in the new building by January 1946. In 2000, the edifice was named by the Royal Architectural Institute of Canada as one of
2967-513: The court became the world's most gender-balanced national high court with four of its nine members being female. Justice Marie Deschamps ' retirement on 7 August 2012 caused the number to fall to three; however, the appointment of Suzanne Côté on 1 December 2014 restored the number to four. After serving on the court for 28 years, 259 days ( 17 years, 341 days as chief justice), McLachlin retired in December 2017. Her successor as
3036-460: The court may not call on counsel for the appellant and instead calls directly on counsel for the respondent. However, in most cases, the court hears from all counsel and then reserves judgment to enable the justices to write considered reasons. Decisions of the court need not be unanimous – a majority may decide, with dissenting reasons given by the minority. Justices may write separate or joint opinions for any case. A puisne justice of
3105-536: The court of last resort for criminal appeals in 1933 and for all other appeals in 1949. Cases that were begun prior to those dates remained appealable to the Judicial Committee, and the last case on appeal from the Supreme Court of Canada was not decided until 1959. The increase in the importance of the Supreme Court was mirrored by the numbers of its members; it was established first with six judges, and these were augmented by an additional member in 1927. In 1949,
3174-447: The court under Chief Justice Brian Dickson (1984–1990) through to that of Antonio Lamer (1990–2000) witnessed a continuing vigour in the protection of civil liberties. Lamer's criminal law background proved an influence on the number of criminal cases heard by the Court during his time as chief justice. Nonetheless, the Lamer court was more conservative with Charter rights, with only about
3243-536: The court, but from that appointment onward appointees increasingly either came from academic backgrounds or were well-respected practitioners with several years' experience in appellate courts. The Constitution Act, 1982 , greatly expanded the role of the court in Canadian society by the addition of the Canadian Charter of Rights and Freedoms , which greatly broadened the scope of judicial review. The evolution from
3312-447: The court. Usually the other governments are given the right to argue their case in the court, although on rare occasions this has been curtailed and prevented by order of one of the court's judges. The Supreme Court sits in three sessions in each calendar year. The first session begins on the fourth Tuesday in January, the second session on the fourth Tuesday in April, and the third session on
3381-720: The current members of the court, having been appointed in October 2011. Richard Wagner's cumulative tenure is 12 years, 54 days— 5 years, 74 days as puisne justice, and 6 years, 346 days as chief justice. Mary Moreau has the briefest tenure, having been appointed 1 year, 22 days ago. The length of tenure for the other justices are: Suzanne Côté, 9 years, 363 days; Malcom Rowe, 8 years, 31 days; Sheilah Martin, 6 years, 346 days; Nicholas Kasirer, 5 years, 73 days; Mahmud Jamal, 3 years, 150 days; and Michelle O'Bonsawin, 2 years, 88 days. The Rules of
3450-462: The first Tuesday in October. The Court determines how long each session will be. Hearings only take place in Ottawa , although litigants can present oral arguments from remote locations by means of a video-conference system. Hearings are open to the public. Most hearings are taped for delayed telecast in both of Canada's official languages. When in session, the court sits Monday to Friday, hearing two appeals
3519-406: The hearing. In these cases, the court may simply refer to the decision of the court below to explain its own reasons. In other cases, the court may announce its decision at the conclusion of the hearing, with reasons to follow. As well, in some cases, the court may not call on counsel for the respondent, if it has not been convinced by the arguments of counsel for the appellant. In very rare cases,
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#17328510941863588-585: The legislative branch unless the decision is overridden pursuant to section 33 (the " notwithstanding clause "). The creation of the Supreme Court of Canada was provided for by the British North America Act, 1867 , renamed in 1982 the Constitution Act, 1867 . The first bills for the creation of a federal supreme court, introduced in the Parliament of Canada in 1869 and in 1870, were withdrawn. It
3657-573: The licence, but it was not profitable, and he put it up for sale within six months. Roncarelli would sue for damages. He employed Stein & Stein, a law firm involved in many civil rights cases, to sue Archambault. But the Quebec Alcoholic Liquor Act says the QLC chairman could not be sued without the permission of the Chief Justice of Quebec , who did not give his consent. He attempted to sue
3726-529: The next level are the provincial and territorial superior trial courts, where judges are appointed by the federal government. Judgments from the superior courts may be appealed to a still higher level, the provincial or territorial superior courts of appeal. Several federal courts also exist: the Tax Court , the Federal Court , the Federal Court of Appeal , and the Court Martial Appeal Court . Unlike
3795-417: The provincial or territorial courts of appeal, and the Federal Court of Appeal, although in some matters appeals come straight from the trial courts, as in the case of publication bans and other orders that are otherwise not appealable. In most cases, permission to appeal must first be obtained from the court. Motions for leave to appeal to the court are generally heard by a panel of three of its judges and
3864-420: The provincial superior courts, which exercise inherent or general jurisdiction , the jurisdiction of federal courts and provincially appointed provincial courts are limited by statute. In all, there are over 1,000 federally appointed judges at various levels across Canada. The Supreme Court rests at the apex of the judicial pyramid. This institution hears appeals from the provincial courts of last resort, usually
3933-427: The recommendation unless there is a very good reason to not do so. The chief justice receives $ 370,300 while the puisne justices receive $ 342,800 annually. Justices of the Supreme Court of Canada are appointed on the advice of the prime minister. The Supreme Court Act limits eligibility for appointment to persons who have been judges of a superior court or members of the bar for ten or more years. Members of
4002-575: The relevant provincial court of appeal) dissented on a point of law, and appeals from provincial reference cases . A final source of cases is the power of the federal government to submit reference cases. In such cases, the Supreme Court is required to give an opinion on questions referred to it by the Governor in Council (the Cabinet ). However, in many cases, including the most recent same-sex marriage reference ,
4071-519: The remaining six positions are divided in the following manner: three from Ontario; two from the western provinces, typically one from British Columbia and one from the prairie provinces, which rotate among themselves (although Alberta is known to cause skips in the rotation); and one from the Atlantic provinces, almost always from Nova Scotia or New Brunswick. Parliament and the provincial governments have no constitutional role in such appointments, sometimes
4140-887: The top 500 buildings produced in Canada during the last millennium. Canada Post issued a commemorative stamp on 9 June 2011, as part of the Architecture Art Déco series. Two flagstaffs have been erected in front of the building. A flag on one is flown daily, while the other is hoisted only on those days when the court is in session. Also located on the grounds are several statues, including one of Prime Minister Louis St. Laurent , by Elek Imredy in 1976, and two— Veritas (Truth) and Justitia (Justice)—by Canadian sculptor Walter S. Allward . Inside there are busts of several chief justices: John Robert Cartwright (1967–1970), Bora Laskin (1973–1983), Brian Dickson (1984–1990), and Antonio Lamer (1990–2000), all sculpted by Kenneth Phillips Jarvis,
4209-436: The ultimate application of Canadian law , and grants permission to between 40 and 75 litigants each year to appeal decisions rendered by provincial, territorial and federal appellate courts . The Supreme Court is bijural, hearing cases from two major legal traditions ( common law and civil law ) and bilingual, hearing cases in both official languages of Canada (English and French). The effects of any judicial decision on
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#17328510941864278-434: The ultimate power of judicial review over Canadian federal and provincial laws' constitutional validity. If a federal or provincial law has been held contrary to the division of power provisions of one of the various constitution acts, the legislature or parliament must either live with the result, amend the law so that it complies, or obtain an amendment to the constitution. If a law is declared contrary to certain sections of
4347-411: Was above the law and so could neither suspend nor dispense it. Although Duplessis had authority under the relevant legislation, his decision was not based on any factors related to the operation of the licence but was made for unrelated reasons and so was held to be exercised arbitrarily and without good faith. Roncarelli was awarded $ 33,123.53 in damages as well as costs in the Court of Queen's Bench and
4416-516: Was an outspoken critic of the Roman Catholic Church in Quebec. Roncarelli provided bail for Jehovah's Witnesses arrested for distributing pamphlets attacking the Roman Catholic Church. The Supreme Court found Duplessis personally liable for $ 33,123.56 in damages plus Roncarelli's court costs. A significant decision on civil liberties in the pre- Charter era, Roncarelli became known as one of
4485-583: Was awarded $ 8000 when he won his case in Superior Court. Both parties appealed and the Quebec Court of Appeal overturned the case with one judge dissenting. In a 6–3 decision, the Supreme Court of Canada reinstated the trial decision, holding that Duplessis wrongfully caused the revocation of Roncarelli's liquor licence. The six judges who sided with Roncarelli used different legal reasoning to reach their decision. Three judges wrote that Duplessis had ordered
4554-404: Was inconsistent with the Charter . Saskatchewan has also used it to uphold its labour laws. This override power can be exercised for five years, after which time the override must be renewed or the decision comes into force. In some cases, the court may stay the effect of its judgments so that unconstitutional laws continue in force for a period of time. Usually, this is done to give Parliament or
4623-421: Was insufficient so the court was asked, and agreed, to give more time. Constitutional questions may, of course, also be raised in the normal case of appeals involving individual litigants, governments, government agencies or Crown corporations . In such cases the federal and provincial governments must be notified of any constitutional questions and may intervene to submit a brief and attend oral argument at
4692-464: Was not entitled to the liquor licence. On December 4, 1946, shortly before 2 p.m., constables of the Quebec Liquor Police entered the Quaff Cafe while it was full of diners, and confiscated all the liquor. On the same day, Premier Duplessis convened a press conference announcing that he had ordered the Quebec Liquor Commission to suspend Roncarelli's liquor licence because of his support of
4761-624: Was not until 8 April 1875 that a bill was finally passed providing for the creation of a Supreme Court of Canada. However, prior to 1949, the Supreme Court did not constitute the court of last resort : litigants could appeal SCC decisions to the Judicial Committee of the Privy Council in London. Some cases could bypass the Supreme Court and go directly to the Judicial Committee from the provincial courts of appeal. The Supreme Court formally became
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