Procedures of The Supreme Court of Canada - Leave To Appeal

Leave To Appeal

Initially, all civil and criminal cases had the right to appeal to the Supreme Court. An amendment to the Supreme Court Act in 1975 required that parties wishing to appeal must apply for "leave to appeal". The only exception is a select type of more serious criminal cases which were said to have leave "as of right", as well as reference questions submitted to the Court by the federal government.

Appeal applications are considered by the justices in groups of three. Only cases which raise questions of national importance are granted. However, the reasons for their decisions are never given.

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