THE ROLE AND FUNCTIONS OF FINAL APPELLATE COURTS: THE SUPREME COURT OF CANADA

Authors

  • BORA LASKIN

Abstract

In order to consider the Supreme Court of Canada’s roles and functions, this article explores the interaction between judicial discretion and institutional strictures such as the Court’s size and appellate authority, chosen from a number of models. The author states and analyses the rationale for investing the Supreme Court with the power to preside over appeals arising out of all provincial appellate courts and regarding provincial matters, and argues it has become a supervisory tribunal rather than appellate court in the traditional sense. He discusses the formula for granting leave to appeal and the purpose of the Court for granting such leave. Finally, he considers how this function of the Court is affected by the kind of business that comes before it, the status of bare concurrences and the effect of the rule of law.

Keywords:

Courts, Supreme Court

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Published

1975-09-01

Issue

Section

Speech

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