1989 reasons of the Supreme Court of Canada

Last updated

The list below consists of the reasons delivered from the bench by the Supreme Court of Canada during 1989. This list, however, does not include decisions on motions.

Supreme Court of Canada highest court of Canada

The Supreme Court of Canada is the highest court of Canada, the final court of appeals in the Canadian justice system. The court grants permission to between 40 and 75 litigants each year to appeal decisions rendered by provincial, territorial and federal appellate courts. Its decisions are the ultimate expression and application of Canadian law and binding upon all lower courts of Canada, except to the extent that they are overridden or otherwise made ineffective by an Act of Parliament or the Act of a provincial legislative assembly pursuant to section 33 of the Canadian Charter of Rights and Freedoms.

Reasons

  Delivered the Court's reason
  Joined the Court's reason
  Filed a concurrence
  Joined a concurrence
  Filed a dissent
  Joined a dissent
  Filed a concurrence/dissent
  Joined a concurrence/dissent
  Did not participate in the judgment
  Not a member of the Court at the time of hearing or delivering
  • Decisions that do not note a Justice delivering the Court's reason are per coram.
  • Multiple concurrences and dissents within a case are numbered, with joining votes numbered accordingly. Justices occasionally join multiple reasons in a single case; each vote is subdivided accordingly.
  • Multiple unnumbered reasons are jointly written or delivered.
  • Decisions that are given orally from the bench are denoted by a "V"; per coram decisions delivered orally from the bench only note a "V" on the most senior justice on the panel.
  • An asterisk ( * ) in the Court's opinion denotes that it was only a majority in part or a plurality.

Justices of the Supreme Court of Canada have the option of releasing reasons for a unanimous decision anonymously by simply attributing the judgment to "The Court". The practice began around 1979 by Chief Justice Laskin, borrowing from the US Supreme Court practice of anonymizing certain unanimous decisions. Unlike in the US, which uses it primarily for uncontroversial cases, in Canada, it is used almost always for important and controversial cases.

In law, a concurring opinion is in certain legal systems a written opinion by one or more judges of a court which agrees with the decision made by the majority of the court, but states different reasons as the basis for his or her decision. When no absolute majority of the court can agree on the basis for deciding the case, the decision of the court may be contained in a number of concurring opinions, and the concurring opinion joined by the greatest number of judges is referred to as the plurality opinion.

A dissenting opinion is an opinion in a legal case in certain legal systems written by one or more judges expressing disagreement with the majority opinion of the court which gives rise to its judgment. When not necessarily referring to a legal decision, this can also be referred to as a minority report.

Case nameArguedDecidedDicksonMcIntyreLamerWilsonLa ForestL'Heureux-DubéSopinkaGonthierCoryMcLachlin
R. v. Amway Corp., [1989] 1 SCR 21 January 19, 1989
R. v. Hayes, [1989] 1 SCR 44 January 19, 1989
R. v. Ross, [1989] 1 SCR 3 January 19, 1989
R. v. Genest, [1989] 1 SCR 59 January 26, 1989
R. v. Duguay, [1989] 1 SCR 93 January 26, 1989
Granger v. Canada (Canada Employment and Immigration Commission), [1989] 1 SCR 141 February 1, 1989
Reference re Workers' Compensation Act, 1983 (Nfld.) (Application to intervene), [1989] 2 SCR 335 February 2, 1989
Ontario (Attorney General) v. Pembina Exploration Canada Ltd., [1989] 1 SCR 206February 13, 1989
Andrews v. Law Society of British Columbia, [1989] 1 SCR 143 February 23, 1989
R. v. Roman, [1989] 1 SCR 230 February 23, 1989
R. v. Hébert, [1989] 1 SCR 233 February 23, 1989
American Airlines Inc. v. Canada (Competition Tribunal), [1989] 1 SCR 236 March 1, 1989
Sobeys Stores Ltd. v. Yeomans and Labour Standards Tribunal (N.S.), [1989] 1 SCR 238 March 2, 1989
B. (B.) v. Child and Family Services, [1989] 1 SCR 291 March 2, 1989
Arthur D. Little Inc. v. Coopers & Lybrand, [1989] 1 SCR 293March 2, 1989
Case nameArguedDecidedDicksonMcIntyreLamerWilsonLa ForestL'Heureux-DubéSopinkaGonthierCoryMcLachlin
R. v. Gill, [1989] 1 SCR 295March 3, 1989
Brosseau v. Alberta Securities Commission, [1989] 1 SCR 301March 9, 1989
Roberts v. Canada, [1989] 1 SCR 322March 9, 1989
Borowski v. Canada (Attorney General), [1989] 1 SCR 342March 9, 1989
R. v. Chaulk (Application), [1989] 1 SCR 369March 13, 1989
Greater Montreal Protestant School Board v. Quebec (Attorney General), [1989] 1 SCR 377March 16, 1989
Quebec (Attorney General) v. Belmoral Mines Ltée, [1989] 1 SCR 422March 16, 1989
R. v. Elias, [1989] 1 SCR 423March 17, 1989
R. v. Bayard, [1989] 1 SCR 425March 22, 1989
Hunter Engineering Co. v. Syncrude Canada Ltd., [1989] 1 SCR 426March 23, 1989
R. v. Potvin, [1989] 1 SCR 525March 23, 1989
Prassad v. Canada (Minister of Employment and Immigration), [1989] 1 SCR 560March 23, 1989
Neveu v. Côté Estate (Motion), [1989] 2 SCR 342April 11, 1989
R. v. Olson, [1989] 1 SCR 296 April 13, 1989
Québec Ready Mix Inc. v. Rocois Construction Inc., [1989] 1 SCR 695April 20, 1989
Case nameArguedDecidedDicksonMcIntyreLamerWilsonLa ForestL'Heureux-DubéSopinkaGonthierCoryMcLachlin
Laurentide Motels Ltd. v. Beauport (City), [1989] 1 SCR 705April 20, 1989
Veilleux v. Quebec (Commission de protection du territoire agricole), [1989] 1 SCR 839April 20, 1989
Gauthier v. Quebec (Commission de Protection du Territoire Agricole), [1989] 1 SCR 859April 20, 1989
Venne v. Quebec (Commission de la Protection du Territoire Agricole), [1989] 1 SCR 880April 20, 1989
Lebel v. Winzen Land Corp., [1989] 1 SCR 918April 20, 1989
Black v. Law Society of Alberta, [1989] 1 SCR 591April 20, 1989
General Motors of Canada Ltd. v. City National Leasing, [1989] 1 SCR 641April 20, 1989
Reference Re Workers' Compensation Act, 1983 (Nfld.), [1989] 1 SCR 922April 24, 1989
R. v. Mcginn, [1989] 1 SCR 1035April 26, 1989
Irwin Toy Ltd. v. Quebec (Attorney General), [1989] 1 SCR 927April 27, 1989
Cohnstaedt v. University of Regina, [1989] 1 SCR 1011April 27, 1989
Maurice v. Priel, [1989] 1 SCR 1023April 27, 1989
R. v. Lamb, [1989] 1 SCR 1036April 28, 1989
Slaight Communications Inc. v. Davidson, [1989] 1 SCR 1038May 4, 1989
Vorvis v. Insurance Corporation of British Columbia, [1989] 1 SCR 1085May 4, 1989
Case nameArguedDecidedDicksonMcIntyreLamerWilsonLa ForestL'Heureux-DubéSopinkaGonthierCoryMcLachlin
Canadian Pacific Air Lines Ltd. v. British Columbia, [1989] 1 SCR 1133May 4, 1989
Air Canada v. British Columbia, [1989] 1 SCR 1161May 4, 1989
Brooks v. Canada Safeway Ltd., [1989] 1 SCR 1219May 4, 1989
Janzen v. Platy Enterprises Ltd., [1989] 1 SCR 1252May 4, 1989
R. v. Turpin, [1989] 1 SCR 1296May 4, 1989
R. v. Zeolkowski, [1989] 1 SCR 1378May 18, 1989
R. v. Howard, [1989] 1 SCR 1337May 18, 1989
Elsom v. Elsom, [1989] 1 SCR 1367May 18, 1989
R. v. Mohl, [1989] 1 SCR 1389May 25, 1989
R. v. Lambretta; see also R. v. Adams, [1989] 1 SCR 1391May 26, 1989
R. v. Streu, [1989] 1 SCR 1521June 8, 1989
YMHA Jewish Community Centre of Winnipeg Inc. v. Brown, [1989] 1 SCR 1532June 8, 1989
Air Canada v. Mcdonnell Douglas Corp., [1989] 1 SCR 1554June 8, 1989
Moysa v. Alberta (Labour Relations Board), [1989] 1 SCR 1572June 8, 1989
R. v. Tutton, [1989] 1 SCR 1392June 8, 1989
Case nameArguedDecidedDicksonMcIntyreLamerWilsonLa ForestL'Heureux-DubéSopinkaGonthierCoryMcLachlin
R. v. Waite, [1989] 1 SCR 1436June 8, 1989
Scott v. Wawanesa Mutual Insurance Co., [1989] 1 SCR 1445June 8, 1989
United States of America v. Cotroni; United States of America v. El Zein, [1989] 1 SCR 1469June 8, 1989
R. v. Leblanc, [1989] 1 SCR 1583June 13, 1989
R. v. Gagné, [1989] 1 SCR 1584June 15, 1989
Service d'optique Élite ltée v. Ordre des optométristes du Québec, [1989] 1 SCR 1585June 16, 1989
R. v. Leduc, [1989] 1 SCR 1586June 16, 1989
Dupont v. Watier, [1989] 1 SCR 1588June 19, 1989
R. v. Lavigne, [1989] 1 SCR 1591June 19, 1989
Belcourt Construction Co. v. Roger Marchand Ltée, [1989] 1 SCR 1593June 21, 1989
R. v. Kalanj, [1989] 1 SCR 1594June 22, 1989
Pioneer Hi-Bred Ltd. v. Canada (Commissioner of Patents), [1989] 1 SCR 1623June 22, 1989
R. v. Pringle, [1989] 1 SCR 1645June 22, 1989
R. v. Conway, [1989] 1 SCR 1659June 22, 1989
Bell Canada v. Canada (Canadian Radio-Television and Telecommunications Commission), [1989] 1 SCR 1722June 22, 1989
Case nameArguedDecidedDicksonMcIntyreLamerWilsonLa ForestL'Heureux-DubéSopinkaGonthierCoryMcLachlin
R. v. Meltzer, [1989] 1 SCR 1764June 29, 1989
R. v. Heikel, [1989] 1 SCR 1776June 29, 1989
R. v. Ouellette, [1989] 1 SCR 1781June 29, 1989
British Columbia v. Henfrey Samson Belair Ltd., [1989] 2 SCR 24July 13, 1989
R. v. Provo, [1989] 2 SCR 3July 13, 1989
Canada (Auditor General) v. Canada (Minister of Energy, Mines and Resources), [1989] 2 SCR 49August 10, 1989
R. v. D. (L.E.), [1989] 2 SCR 111August 10, 1989
R. v. Black, [1989] 2 SCR 138August 10, 1989
Greater Montreal Protestant School Board v. Quebec (Attorney General), [1989] 2 SCR 167August 10, 1989
Lac Minerals Ltd. v. International Corona Resources Ltd., [1989] 2 SCR 574August 11, 1989
Nelles v. Ontario, [1989] 2 SCR 170August 14, 1989
Alberta Government Telephones v. (Canada) Canadian Radio-television and Telecommunications Commission, [1989] 2 SCR 225August 14, 1989
IBEW v. Alberta Government Telephones, [1989] 2 SCR 318August 14, 1989
R. v. Cassidy, [1989] 2 SCR 345September 14, 1989
Mackay v. Manitoba, [1989] 2 SCR 357September 14, 1989
Case nameArguedDecidedDicksonMcIntyreLamerWilsonLa ForestL'Heureux-DubéSopinkaGonthierCoryMcLachlin
R. v. Smith, [1989] 2 SCR 368September 14, 1989
R. v. Leaney, [1989] 2 SCR 393September 14, 1989
Dallaire v. Paul-Émile Martel Inc, [1989] 2 SCR 419September 14, 1989
Bank of Montreal v. Kuet Leong Ng, [1989] 2 SCR 429September 28, 1989
R. v. M. (S.H.), [1989] 2 SCR 446September 28, 1989
R. v. L. (J.E.), [1989] 2 SCR 510September 28, 1989
Q.N.s. paper co. v. Chartwell shipping ltd., [1989] 2 SCR 683September 28, 1989
Watkins v. Olafson, [1989] 2 SCR 750September 28, 1989
Scarff v. Wilson, [1989] 2 SCR 776September 28, 1989
Falk Bros. Industries Ltd. v. Elance Steel Fabricating Co., [1989] 2 SCR 778September 28, 1989
Nova Scotia (Attorney General) v. Nova Scotia (Royal Commission into Marshall Prosecution), [1989] 2 SCR 788October 5, 1989
Mackeigan v. Hickman, [1989] 2 SCR 796October 5, 1989
R. v. D. (G.C.), [1989] 2 SCR 878October 5, 1989
Chandler v. Alberta Association of Architects, [1989] 2 SCR 848October 12, 1989
Syndicat des Employés de Production d Québec et et l'Acadie v. Canada (Canadian Human Rights Commission), [1989] 2 SCR 879October 12, 1989
Case nameArguedDecidedDicksonMcIntyreLamerWilsonLa ForestL'Heureux-DubéSopinkaGonthierCoryMcLachlin
R. v. Docherty, [1989] 2 SCR 941October 12, 1989
Hémond v. Coopérative fédérée du Québec, [1989] 2 SCR 962October 12, 1989
R. v. Pinske, [1989] 2 SCR 979October 12, 1989
Arthur D. Little Inc. v. Coopers & Lybrand (Application), [1989] 2 SCR 981October 13, 1989
Caimaw v. Paccar of Canada Ltd., [1989] 2 SCR 983October 26, 1989
Lejeune v. Cumis Insurance Society Inc., [1989] 2 SCR 1048October 26, 1989
R. v. Hare, [1989] 2 SCR 1065November 2, 1989
Canadian Pacific Air Lines Ltd. v. British Columbia (Re-hearing), [1989] 2 SCR 1067November 6, 1989
Oregon Jack Creek Indian Band v. Canadian National Railway Co., [1989] 2 SCR 1069November 7, 1989
R. v. Ionson, [1989] 2 SCR 1073November 8, 1989
R. v. Nygaard, [1989] 2 SCR 1074November 9, 1989
Tremblay v. Daigle, [1989] 2 SCR 530November 16, 1989
Tétreault-Gadoury v. Canada (Employment and Immigration Commission), [1989] 2 SCR 1110November 17, 1989
R. v. Szlovak, [1989] 2 SCR 1114November 28, 1989
R. v. Stensrud, [1989] 2 SCR 1115November 30, 1989
Case nameArguedDecidedDicksonMcIntyreLamerWilsonLa ForestL'Heureux-DubéSopinkaGonthierCoryMcLachlin
R. v. Hall, [1989] 2 SCR 1117November 30, 1989
R. v. Sarvaria, [1989] 2 SCR 1118December 1, 1989
R. v. Smith, [1989] 2 SCR 1120December 7, 1989
R. v. Debot, [1989] 2 SCR 1140December 7, 1989
Tock v. St. John's Metropolitan Area Board, [1989] 2 SCR 1181December 7, 1989
Just v. British Columbia, [1989] 2 SCR 1228December 7, 1989
Rothfield v. Manolakos, [1989] 2 SCR 1259December 7, 1989
R. v. Hearn, [1989] 2 SCR 1180December 8, 1989
Saskatchewan (Human Rights Commission) v. Saskatoon (City), [1989] 2 SCR 1297December 21, 1989
Saskatchewan (Human Rights Commission) v. Moose Jaw (city), [1989] 2 SCR 1317December 21, 1989
Edmonton Journal v. Alberta (Attorney General), [1989] 2 SCR 1326 December 21, 1989
R. v. Lee, [1989] 2 SCR 1384December 21, 1989
R. v. Buttar, [1989] 2 SCR 1429December 21, 1989

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