List of Justices of the Supreme Court of Canada by Position

List of Justices of the Supreme Court of Canada by Position

This article traces the succession of justices appointed to the Supreme Court of Canada since it was created by an Act of Parliament in 1875,[1] as authorized by s. 101 of the Constitution Act, 1867.[2] When the Court was created, it consisted of the Chief Justice and five puisne justices, for a total of six justices.[3] A sixth puisne justice position was created in 1927, bringing the Court to a total of seven justices.[4] Two additional positions were created in 1949,[5] bringing the Court to a total of nine justices, which is its current complement.[6]

There are no formal names for the individual positions for the puisne justices, which are listed in this article simply by number, as well as by the name of the first puisne justice to occupy that chair on the Court. The names of incumbents are in bold.

Each time a justice leaves a position, a new justice is appointed to that position, hence this article, tracing the appointments to each position. Note that in Canada, the position of Chief Justice is traditionally appointed from the current members of the Court. That is not simply a change in title, but a change in position, from puisne justice to chief justice.[6] Other than the first Chief Justice, the only person appointed directly as Chief Justice was Sir Charles Fitzpatrick.

The complete list of the chief justices and puisne justices is available on the web-page of the Supreme Court.[7]


References

  1. Supreme and Exchequer Court Act, SC 1875, c. 11, s. 1.
  2. Constitution Act, 1867, s. 101.
  3. Supreme and Exchequer Court Act, s. 3.
  4. An Act to amend the Supreme Court Act, SC 1927, c. 38, s. 1.
  5. An Act to amend the Supreme Court Act, SC 1949, c. 37, s. 1.
  6. 1 2 Supreme Court Act, RSC 1985, c. S-26, s. 4.
  7. Supreme Court of Canada: Alphabetical List of All Chief Justices and Judges.
  8. 1 2 3 4 Justice Iacobucci and Justice Arbour retired on the same day, June 30, 2004. Their successors, Justice Abella and Justice Charron were appointed on the same day, August 30, 2004. Since Justice Iacobucci was senior to Justice Arbour in the Supreme Court precedence, and Justice Abella was senior to Justice Charron in the Supreme Court precedence, for the purposes of this table Justice Abella is deemed to have succeeded Justice Iacobucci, and Justice Charron to have succeeded Justice Arbour.
  9. 1 2 3 4 Justice Binnie and Charron both retired in 2011, and their sucessors, Justice Moldaver and Justice Karakatsanis, were both appointed on the same day, October 21, 2011. Since Justice Binnie was senior to Justice Charron in the Supreme Court precedence, and Justice Moldaver is senior to Justice Karakatsanis in the Supreme Court precedence, for the purposes of this table Justice Moldaver is deemed to have succeeded Justice Binnie, and Justice Karakatstanis to have succeeded Justice Charron.

See also

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