United States Canada
Comparative Table of the Supreme Courts of the United States and Canada United States Canada Foundations Model State judiciaries vs. independent and Unitary model (single hierarchy) where parallel federal judiciary provinces appoint the lowest court in the province and the federal government appoints judges to all higher courts “The judicial Power of the United “Parliament of Canada may … provide for the States, shall be vested in one Constitution, Maintenance, and Organization of Constitutional supreme Court” Constitution of the a General Court of Appeal for Canada” Authority United States, Art. III, s. 1 Constitution Act, 1867, ss. 101 mandatory: “the judicial Power of optional: “Parliament of Canada may … provide the United States, shall be vested in for … a General Court of Appeal for Canada” (CA Creation and one supreme Court” Art III. s. 1 1867, s. 101; first Supreme Court Act in 1875, Retention of the (inferior courts are discretionary) after debate; not constitutionally entrenched by Supreme Court quasi-constitutional convention constitutionally entrenched Previous higher appeals to the Judicial Committee of the Privy judicial Council were abolished in 1949 authority Enabling Judiciary Act Supreme Court Act, R.S.C. 1985, c. S-26 Legislation “all Cases, in Law and Equity, arising “a General Court of Appeal for Canada” confers under this Constitution” Art III, s. 2 plenary and ultimate authority “the Laws of the United States and Treaties made … under their Authority” Art III, s. 2 “Ambassadors, other public Ministers and Consuls” (orig. jur.) Jurisdiction of Art III, s. 2 Supreme Court “all Cases of admiralty and maritime Jurisdiction” Art III, s.
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