Supreme Court of Canada - Sessions of The Supreme Court of Canada

Sessions of The Supreme Court of Canada

The court sits for 18 weeks of the year beginning the first Monday of October and usually runs until the end of June and sometimes into July. Hearings only take place in Ottawa, although litigants can present oral arguments from remote locations by means of a video-conference system. The court's 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 a day. A quorum consists of five members for appeals. 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 of the court, 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 the Senate at the opening of each new session of parliament.

The decision of the court is sometimes—but rarely—rendered orally at the conclusion of 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, 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. Each justice may write reasons in any case if he or she chooses to do so.

A Puisne Justice of the Supreme Court of Canada is referred to as The Honourable Mr/Madam Justice and the chief justice as Right Honourable. At one time, judges were called My Lord/Lady during sessions of the court, but this style of address was disapproved of by the current Chief Justice, Beverly McLachlin, who has directed lawyers to use the simpler Your Honour or Justice. The designation My Lord/My Lady continues in many provincial superior courts and in 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 the recommendation unless there is a very good reason not to. The chief justice receives $361,300 while the puisne justices receive $334,500 annually.