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The table below lists the reasons delivered from the bench by the Supreme Court of Canada during 1998. The table illustrates what reasons were filed by each justice in each case, and which justices joined each reason. This list, however, does not include decisions on motions.
Ref. re Remuneration of Judges of Prov. Court of PEI; Ref. re Independence & Impartiality of Judges of Prov. Court of PEI; R. v. Campbell; R. v. Ekmecic; R. v. Wickman; Manitoba Prov. Judges Assn. v. Manitoba (Min. of Justice), [1998] 1 S.C.R. 3
Did not participate in the final disposition of 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.
Notes
↑ Notices released in 1998:M & D Farm Ltd v Manitoba Agricultural Credit Corp., [1998] 1 S.C.R. 1074, Ref. re Remuneration of Judges of Prov. Court of PEI; Ref. re Independence & Impartiality of Judges of Prov. Court of PEI; R. v. Campbell; R. v. Ekmecic; R. v. Wickman; Manitoba Prov. Judges Assn. v. Manitoba (Min. of Justice), [1998] 2 S.C.R. 443
The Supreme Court of Canada is the highest court in the judicial system of Canada. It comprises nine justices, whose decisions are the ultimate application of Canadian law, and grants permission to between 40 and 75 litigants each year to appeal decisions rendered by provincial, territorial and federal appellate courts. The Supreme Court is bijural, hearing cases from two major legal traditions and bilingual, hearing cases in both official languages of Canada.
In Canadian and New Zealand law, fundamental justice is the fairness underlying the administration of justice and its operation. The principles of fundamental justice are specific legal principles that command "significant societal consensus" as "fundamental to the way in which the legal system ought fairly to operate", per R v Malmo-Levine. These principles may stipulate basic procedural rights afforded to anyone facing an adjudicative process or procedure that affects fundamental rights and freedoms, and certain substantive standards related to the rule of law that regulate the actions of the state.
The implied bill of rights is a theory in Canadian jurisprudence which proposed that as a consequence of the British North America Act, certain important civil liberties could not be abrogated by the government. The theory was never adopted in a majority decision of the Supreme Court of Canada, and was rejected by the court in 1978. The enactment and interpretation of the statutory Bill of Rights, and later the constitutional Charter of Rights and Freedoms, provided alternative formulations of the limits applicable to civil liberties.
The court system of Canada is made up of many courts differing in levels of legal superiority and separated by jurisdiction. In the courts, the judiciary interpret and apply the law of Canada. Some of the courts are federal in nature, while others are provincial or territorial.
Canadian constitutional law is the area of Canadian law relating to the interpretation and application of the Constitution of Canada by the courts. All laws of Canada, both provincial and federal, must conform to the Constitution and any laws inconsistent with the Constitution have no force or effect.
The Reference re Remuneration of Judges of the Provincial Court (P.E.I.) [1997] 3 S.C.R. 3 is a leading opinion of the Supreme Court of Canada in response to a reference question regarding remuneration and the independence and impartiality of provincial court judges. Notably, the majority opinion found all judges are independent, not just superior court judges and inferior court judges concerned with criminal law, as the written constitution stipulates. Unwritten constitutional principles were relied upon to demonstrate this, indicating such principles were growing in importance in constitutional interpretation. The reference also remains one of the most definitive statements on the extent to which all judges in Canada are protected by the Constitution.
The table below lists the reasons delivered from the bench by the Supreme Court of Canada during 2005. The table illustrates what reasons were filed by each justice in each case, and which justices joined each reason. This list, however, does not include decisions on motions.
The table below lists the reasons delivered from the bench by the Supreme Court of Canada during 2006. A total of 59 judgments were published. The table illustrates what reasons were filed by each justice in each case, and which justices joined each reason. This list, however, does not include reasons on motions.
The table below lists the reasons delivered from the bench by the Supreme Court of Canada during 2004. The table illustrates what reasons were filed by each justice in each case, and which justices joined each reason. This list, however, does not include decisions on motions.
The procedures of the Supreme Court of Canada for hearing cases is established in the Rules of the Supreme Court of Canada, the Supreme Court Act, and by tradition.
Reference Re Remuneration of Judges [1998] 1 S.C.R. 3 was a decision by the Supreme Court of Canada addressing questions regarding the 1997 Provincial Judges Reference, also known as Re Remuneration of Judges. Since the Supreme Court, in 1997, found independent committees were needed to help determine judicial salaries, the Court now had to address challenges regarding the creation of such committees.
The table below lists the reasons delivered from the bench by the Supreme Court of Canada during 2002. The table illustrates what reasons were filed by each justice in each case, and which justices joined each reason. This list, however, does not include decisions on motions.
The table below lists the reasons delivered from the bench by the Supreme Court of Canada during 2001. The table illustrates what reasons were filed by each justice in each case, and which justices joined each reason. This list, however, does not include decisions on motions.
The table below lists the reasons delivered from the bench by the Supreme Court of Canada during 1999. The table illustrates what reasons were filed by each justice in each case, and which justices joined each reason. This list, however, does not include decisions on motions.
The table below lists the reasons delivered from the bench by the Supreme Court of Canada during 1997. The table illustrates what reasons were filed by each justice in each case, and which justices joined each reason. This list, however, does not include reasons on motions.
The table below lists the decisions delivered from the bench by the Supreme Court of Canada during 2008. The table illustrates what reasons were filed by each justice in each case, and which justices joined each reason. This list, however, does not include reasons on motions.
The table below lists the decisions delivered from the bench by the Supreme Court of Canada during 2009. The table illustrates what reasons were filed by each justice in each case, and which justices joined each reason. This list, however, does not include reasons on motions.
The table below lists decisions delivered from the bench by the Supreme Court of Canada during 2010. The table illustrates what reasons were filed by each justice in each case, and which justices joined each reason. This list, however, does not include reasons on motions.
The Preamble to the Constitution Act, 1867 is a provision of the Constitution of Canada, setting out some of the general goals and principles of the Act. Although the Preamble is not a substantive provision, the courts have used it as a guide to the interpretation of the Constitution of Canada, particularly unwritten constitutional principles which inform the history and meaning of the Constitution.
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