Courting Justice

Written by Nicholas Hamilton Posted February 28, 2025

The Supreme Court of Canada (SCC) is the highest in our judicial system, but it was not always as supreme as its name suggests. Since 1875 Canada’s final court of appeal has grown in importance alongside the country’s increasingly independent legal landscape. In celebration of the SCC’s 150th anniversary, here are five ways the court has evolved — or stayed the same — over its lifetime:

Adjourned before it began

At its first sitting on January 17, 1876, the court had exactly zero cases on its docket. Case number one, Kelly v. Sulivan — which concerned the disputed purchase of Charlotte Antonia Sulivan’s estate — would be heard six months later in June 1876.

Dressed to impress

Those judges’ red robes trimmed with white mink are perfect for festive occasions — like the opening of a new session of Parliament. The garment’s design is rooted in British legal tradition, although modern heating and ventilation have made the heavy item unpopular among new judges.

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Justice has many faces

Since its inception, the SCC has had ninety judges. Before 1982 they all were white men, but this changed with the appointment of Bertha Wilson that year. The SCC’s first person of colour to be appointed judge, Mahmud Jamal, took his seat in 2021, while 2022 welcomed Michelle O’Bonsawin, the first Indigenous SCC judge.

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Commonwealth connections 

The statues in front of the SCC building were originally meant for another purpose. The figures of Veritas (truth) and Justitia (justice) were created for a monument to King Edward VII that never came to be. They found a home at the court in 1970.

Superior at best

When it was established, the SCC could be overruled by the Judicial Committee of the Privy Council in Britain, as seen in the famous Persons Case — when the SCC ruled that women were not legally “persons” in 1928, a decision the Privy Council reversed the following year. Appeals to the Privy Council were abolished in 1949, allowing the Supreme Court to finally live up to its name.

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This article originally appeared in the April-May 2025 issue of Canada’s History.

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