How is a case brought before the Supreme Court of Canada?
In most cases, appeals are heard by the Court only if leave to appeal is given. Such leave, or permission, will be given by the Court when a case involves a question of public importance. There are cases, however, where leave is not required. In criminal cases, there is an automatic right of appeal where an acquittal has been set aside in the provincial court of appeal or where one judge in the provincial court of appeal dissents on a question of law. In addition, the Supreme Court of Canada has a special kind of “Reference” jurisdiction, original in character, given by s. 53 of the Supreme Court Act. The Governor in Council (federal government) may refer to the Court, for its opinion, constitutional or other questions.
