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The Supreme Court of Canada.

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notwithstanding anything in this Act, from servants of the Crown, the fountain of jus tice, sworn to administer the law without time to time provide for the constitution, fear, favor, or partiality to all citizens, to all maintenance, and organization of a General classes, to all sections and divisions of the Court of Appeal for Canada, and for the es tablishment of any additional courts for the Confederation. It is their duty to inter better administration of the laws of Canada." pret and apply all laws including the sta The Supreme Court of Canada lives and tutory law, whether of the Imperial Par liament, the Parliament of Canada, or the moves and nas its being in the creative and legislatures of the Provinces; and if in sustaining power contained in this section.

It was contended, at the performance of the time of the organi judicial functions any question may arise as zation of the court, by to the validity of a some constitutional law of the Parliament authorities, and it of Canada or of any must be admitted with legislature of a Prov much force, that this ince, if either the Par clause did not author liament or a legisla ize the constitution ture be shown to have, of a Court of Appeal, overstepped the limits except for the better fixed by the consti administration of the laws of Canada; that tution as laid down is, laws applicable to in the British North the Dominion at large America Act, then and to the rights and the judge is bound relations of Canadians to decide such ques as citizens of the Do tion. As Professor minion, as distin Dicey points out, in guished from the laws his " History of the applicable only to the Law of the Constitu tion," in Canada as in Provinces and to Cana the United States the dians as residents of a particular Province. judges necessarily be THE HON. SIR WILLIAM JOHNSTON RITCHIE. But this construction come the interpreters was not that which of the constitution. This being the position of confederation was considered by the Parliament of Canada and its judiciary, the creation of a Supreme the correct one, and the court was instituted as a general Court of Appeal for Canada for Court of Appeal was a necessary comple ment of the system. But it was not thought the better administration of all laws in force desirable to imitate the example of the in Canada and with a very wide appellate United States and to create a Federal Court jurisdiction. of Appeal which should deal only with ques The Supreme Court is composed of six tions arising under federal as distinct from judges, two of whom must be appointed provincial laws. Indeed, the terms of the from the Appellate or Superior Court, or provision under which the court was estab the bar of the Province of Quebec. Five lished were construed to mean something form a quorum for the hearing of appeals; much wider than this. That provision is as but any judge promoted from any of the in follows : " The Parliament of Canada may, ferior courts cannot sit in any case he may