Caseload
The Court’s caseload continued the decline noted since the start of the pandemic. For the third year in a row, the number of leave applications filed was below 500 and fewer than 35 leave applications were granted. The Court received 23 appeals as of right in 2022 but no reference questions. Judges heard 52 appeals and rendered 53 judgments.
Most of the applications for leave to appeal were filed by lawyers on behalf of their clients, but 28% were brought by self-represented litigants. This is an increase compared to 2021 when 22% of leave applications were filed by self-represented litigants. In 2022, 32% of the appeal judgments were delivered from the bench, immediately after the hearing. A majority of the appeal judgments were unanimous, and the average time between hearing of an appeal and judgment declined to less than five months.
Applications for Leave Referred for Decision
Number of Applications by Origin
From provinces, territories and the federal level
Applications by Category
| Category | Number Referred | Percentage |
|---|---|---|
| Public Law | 229 | 51% |
| Criminal Law | 124 | 27% |
| Private Law | 98 | 22% |
Categories of Law
Public law includes constitutional and administrative legal matters. In constitutional cases, the Court interprets Canada’s Constitution, including the Canadian Charter of Rights and Freedoms. Administrative law appeals come from non-court decisions by governments or their agencies and tribunals in areas such as labour relations, taxation and human rights.
Criminal law appeals come from prosecutions under the Criminal Code, or any other law that prohibits specific conduct, and impose fines or imprisonment upon those who break the law. These appeals may raise issues such as consent, sentencing and the admissibility of evidence.
Private law cases arise from disputes between individuals that are taken to a court for determination. Recent cases in the private law category in 2022 raised issues of expropriation, defamation and family law.
Appeals As of Right
Number of Appeals As of Right by Origin
From provinces, territories and the federal level
Definitions
Appeals Heard
Number of Appeals Heard by Origin
From provinces, territories and the federal level
Appeals Heard by Category
| Category | Number Referred | Percentage |
|---|---|---|
| Public Law | 12 | 23% |
| Criminal Law | 34 | 65% |
| Private Law | 6 | 12% |
Categories of Law
Public law includes constitutional and administrative legal matters. In constitutional cases, the Court interprets Canada’s Constitution, including the Canadian Charter of Rights and Freedoms. Administrative law appeals come from non-court decisions by governments or their agencies and tribunals in areas such as labour relations, taxation and human rights.
Criminal law appeals come from prosecutions under the Criminal Code, or any other law that prohibits specific conduct, and impose fines or imprisonment upon those who break the law. These appeals may raise issues such as consent, sentencing and the admissibility of evidence.
Private law cases arise from disputes between individuals that are taken to a court for determination. Recent cases in the private law category in 2022 raised issues of expropriation, defamation and family law.
Appeals Decided
Number of Appeals Decided by Origin
From provinces, territories and the federal level
Appeals Decided by Category
| Category | Number Referred | Percentage |
|---|---|---|
| Public Law | 10 | 19% |
| Criminal Law | 39 | 73% |
| Private Law | 4 | 8% |
Categories of Law
Public law includes constitutional and administrative legal matters. In constitutional cases, the Court interprets Canada’s Constitution, including the Canadian Charter of Rights and Freedoms. Administrative law appeals come from non-court decisions by governments or their agencies and tribunals in areas such as labour relations, taxation and human rights.
Criminal law appeals come from prosecutions under the Criminal Code, or any other law that prohibits specific conduct, and impose fines or imprisonment upon those who break the law. These appeals may raise issues such as consent, sentencing and the admissibility of evidence.
Private law cases arise from disputes between individuals that are taken to a court for determination. Recent cases in the private law category in 2022 raised issues of expropriation, defamation and family law.
Ten-Year Trends
This report sets out a statistical view of the work of the Supreme Court of Canada over the last decade, from 2013 to 2022. It is worth noting that due to widespread pandemic court closures across Canada in 2020 and 2021, some of the most recent data are irregular.
The first category of data shows how many applications were filed at the Court for applications for leave to appeal and notices of appeal as of right. The data also indicate how many of those cases the Court dismissed and granted. The first table represents the number of cases heard by the Court that were as of right and by leave. The second table establishes the caseload status at the end of the 2022 calendar year by showing how many appeals were dismissed, allowed or remained on reserve at the end of the 2022 calendar year.
Below, you will find four tables. The first provides a 10-year view on how many appeals the Court has allowed and dismissed. The second table indicates how many decisions the Court delivered from the bench or reserved for further deliberation. The final two tables illustrate how often the judges agree on their reasons for a judgment.
For information about the number of hearing days, see the table explaining how long it takes cases to make their way through different processes at the Supreme Court of Canada.
Breakdown of Cases Filed at the Court
Types of Cases
| Year | Applications for leave to appeal |
Notices of appeal as of right |
|---|---|---|
| 2013 | 490 | 18 |
| 2014 | 561 | 16 |
| 2015 | 542 | 21 |
| 2016 | 577 | 15 |
| 2017 | 526 | 17 |
| 2018 | 531 | 26 |
| 2019 | 533 | 25 |
| 2020 | 481 | 25 |
| 2021 | 490 | 21 |
| 2022 | 478 | 23 |
Outcomes of Leave Applications Referred for Decision
| Year | Dismissed | Granted | Pending |
|---|---|---|---|
| 2013 | 456 | 53 | - |
| 2014 | 430 | 50 | - |
| 2015 | 424 | 43 | - |
| 2016 | 526 | 50 | - |
| 2017 | 426 | 50 | - |
| 2018 | 431 | 42 | - |
| 2019 | 498 | 36 | - |
| 2020 | 390 | 34 | - |
| 2021 | 385 | 34 | 1 |
| 2022 | 408 | 30 | 3 |
Statistics do not include cases that were sent back to a lower court, discontinued, quashed, adjourned, or where there was a request for more time that wasn't allowed.
Breakdown of Appeals Heard
Types of Appeals
| Year | By Leave | As of Right |
|---|---|---|
| 2013 | 63 | 12 |
| 2014 | 58 | 22 |
| 2015 | 48 | 15 |
| 2016 | 48 | 15 |
| 2017 | 49 | 17 |
| 2018 | 45 | 21 |
| 2019 | 45 | 24 |
| 2020 | 22 | 19 |
| 2021 | 32 | 26 |
| 2022 | 33 | 19 |
Not all appeals heard in one year were decided in that year. Some cases were decided in the calendar year after the hearing. For example, most appeals heard in the fall of one year are decided in the winter or spring of the following year. This means statistics about appeals heard and appeals decided are slightly different.
Appeals with issues in common may be decided in the same reasons, even if the Court hears them separately.
Outcomes of Appeals Heard
| Year | Dismissed | Allowed | On Reserve |
|---|---|---|---|
| 2013 | 45 | 29 | - |
| 2014 | 44 | 35 | - |
| 2015 | 39 | 24 | - |
| 2016 | 31 | 32 | - |
| 2017 | 35 | 31 | - |
| 2018 | 31 | 35 | - |
| 2019 | 33 | 36 | - |
| 2020 | 21 | 20 | - |
| 2021 | 35 | 23 | - |
| 2022 | 25 | 11 | 16 |
Appeals aren't counted in these statistics if there was a rehearing or remand ordered, or they were discontinued after the hearing, or they were references under s. 53 of the Supreme Court Act. There were no situations like this in 2022.
Ceremonial robes in the judges' robing room
Breakdown of Decisions
Outcomes of Appeals Decided
The appeals to which these judgments relate may have been heard in a previous year. Opinions on references under s. 53 of the Supreme Court Act are not included.
Delivery of Decisions
Agreement of Decisions
This refers to whether all judges agree on the result, either for the same reasons or for different reasons, or whether they disagree on the result. A "unanimous" decision may therefore have more than one set of reasons.
Percentage of Unanimous Decisions
Timing
Number of Hearing Days
Average Time of Process Leading to Judgment in months
Between filing and decision on application for leave to appeal
Between granting of leave or filing of notice of appeal as of right and hearing
Between hearing and judgment
