Reference Re Supreme Court Act, ss 5 and 6

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Reference Re Supreme Court Act, ss. 5 and 6
Supreme Court of Canada
Hearing: 15 January 2014 Judgment: 21 March 2014
Full case name	In the Matter of a Reference by the Governor in Council concerning sections 5 and 6 of the Supreme Court Act, R.S.C. 1985, c. S-26, as set out in Order in Council P.C. 2013-1105 dated October 22, 2013
Citations	2014 SCC 21 (LEXUM), 2014 SCC 21 (CanLII)
Docket No.	35586 [1]
Holding
Only current members of the superior courts of Quebec or current members of the Bar of Quebec with at least ten years' standing may be appointed to the Quebec seats on the Supreme Court. An amendment to the Supreme Court Act to permit appointments of former members of the Bar of Quebec is unconstitutional.
Court membership
Chief Justice	McLachlin CJ
Puisne Justices	LeBel, Abella, Rothstein, Cromwell, Moldaver, Karakatsanis and Wagner JJ
Reasons given
Majority	McLachlin CJ and LeBel, Abella, Cromwell, Karakatsanis and Wagner JJ
Dissent	Moldaver J
Rothstein J took no part in the consideration or decision of the case.
Laws applied
Supreme Court Act, ss. 5 and 6

Reference Re Supreme Court Act, ss. 5 and 6, 2014 SCC 21 is a decision of the Supreme Court of Canada concerning the eligibility of members of the Quebec courts and the Quebec Bar to be appointed to the three seats on the Supreme Court reserved for Quebec. The case also considers the constitutional status of the Supreme Court, holding that the Court has been constitutionally entrenched by the Constitution Act, 1982, and that the composition of the Court, including eligibility for appointment, can only be amended by unanimous consent of the House of Commons, Senate and all provincial legislative assemblies.^[2]