2004 reasons of the Supreme Court of Canada

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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. [1]

Contents

Of the 80 reasons released in 2004, 8 were oral reasons, 55 were unanimous, and 2 motions.

Reasons

Case nameArguedDecidedMcLachlinGothierIacobucciMajorBastaracheBinnieArbourLeBelDeschampsFishAbellaCharron
Giguère v Chambre des notaires du Québec , [2004] 1 S.C.R. 3; 2004 SCC 1 June 5, 2003January 29, 2004
International Alliance of Theatrical Stage Employees, Stage Local 56 v Société de la Place des Arts de Montréal , [2004] 1 S.C.R. 43; 2004 SCC 2 June 12, 2003January 29, 2004
Crystalline Investments Ltd v Domgroup Ltd , [2004] 1 S.C.R. 60; 2004 SCC 3 November 7, 2003January 29, 2004
Canadian Foundation for Children, Youth and the Law v Canada (AG) , [2004] 1 S.C.R. 76; 2004 SCC 4 June 6, 2003January 30, 200412
R v Lyttle , [2004] 1 S.C.R. 193; 2004 SCC 5 October 17, 2003February 12, 2004
R v Daoust , [2004] 1 S.C.R. 217; 2004 SCC 6 October 8, 2003February 12, 2004
Transport North American Express Inc v New Solutions Financial Corp , [2004] 1 S.C.R. 249; 2004 SCC 7 October 16, 2003February 12, 2004122
9050-3400 Québec Inc v Riverin, Girard & Associés Inc , [2004] 1 S.C.R. 301; 2004 SCC 8 February 17, 2004February 17, 2004V
Hamilton v Open Window Bakery Ltd , [2004] 1 S.C.R. 303; 2004 SCC 9 November 13, 2003February 19, 2004
Townsend v Kroppmanns , [2004] 1 S.C.R. 315; 2004 SCC 10 December 2, 2003February 19, 2004
Case nameArguedDecidedMcLachlinGothierIacobucciMajorBastaracheBinnieArbourLeBelDeschampsFishAbellaCharron
R v Kehler , [2004] 1 S.C.R. 328; 2004 SCC 11 February 19, 2004February 19, 2004
CU v Alberta (Director of Child Welfare) , [2004] 1 S.C.R. 336; 2004 SCC 12 February 19, 2004February 19, 2004
CCH Canadian Ltd v Law Society of Upper Canada , [2004] 1 S.C.R. 339; 2004 SCC 13 November 10, 2003March 4, 2004
R v Smith, [2004] 1 S.C.R. 385; 2004 SCC 14 October 7, 2003March 4, 2004
Gifford v Canada , [2004] 1 S.C.R. 411; 2004 SCC 15 November 14, 2003March 4, 2004
R v Cheddesingh , [2004] 1 S.C.R. 433; 2004 SCC 16 March 19, 2004March 19, 2004V
John Doe v Bennett , [2004] 1 S.C.R. 436; 2004 SCC 17 January 14, 2004March 25, 2004
Foster Wheeler Power Co v Société intermunicipale de gestion et d'élimination des déchets (SIGED) inc , [2004] 1 S.C.R. 456; 2004 SCC 18 November 12, 2003March 25, 2004
United Taxi Drivers' Fellowship of Southern Alberta v Calgary (City of) , [2004] 1 S.C.R. 485; 2004 SCC 19 December 8, 2003March 25, 2004
Penetanguishene Mental Health Centre v Ontario (AG) , [2004] 1 S.C.R. 498; 2004 SCC 20 November 5, 2003March 26, 2004
Case nameArguedDecidedMcLachlinGothierIacobucciMajorBastaracheBinnieArbourLeBelDeschampsFishAbellaCharron
Pinet v St Thomas Psychiatric Hospital , [2004] 1 S.C.R. 528; 2004 SCC 21 November 5, 2003March 26, 2004
Hartshorne v Hartshorne , [2004] 1 S.C.R. 550; 2004 SCC 22 November 6, 2003March 26, 2004
Voice Construction Ltd v Construction & General Workers' Union, Local 92 , [2004] 1 S.C.R. 609; 2004 SCC 23 January 23, 2004April 8, 2004
Garland v Consumers' Gas Co , [2004] 1 S.C.R. 629; 2004 SCC 25 October 9, 2003April 22, 2004
Cartaway Resources Corp (Re) , [2004] 1 S.C.R. 672; 2004 SCC 26 November 7, 2003April 22, 2004
R v Fontaine , [2004] 1 S.C.R. 702; 2004 SCC 27 November 6, 2003April 22, 2004
Alberta Union of Provincial Employees v Lethbridge Community College , [2004] 1 S.C.R. 727; 2004 SCC 28 November 4, 2003April 29, 2004
Bank of Nova Scotia v Thibault , [2004] 1 S.C.R. 758; 2004 SCC 29 November 4, 2003May 14, 2004
Quebec (Commission des droits de la personne et des droits de la jeunesse) v Communauté urbaine de Montréal , [2004] 1 S.C.R. 789; 2004 SCC 30 November 9, 2003May 14, 2004
Pritchard v Ontario (Human Right Commission) , [2004] 1 S.C.R. 809; 2004 SCC 31 March 23, 2004May 14, 2004
Case nameArguedDecidedMcLachlinGothierIacobucciMajorBastaracheBinnieArbourLeBelDeschampsFishAbellaCharron
Nutribec Ltée v Quebec (Commission d'appel en matière de lésions professionnelles) , [2004] 1 S.C.R. 824; 2004 SCC 32 May 14, 2004May 14, 2004V
Harper v Canada (AG) , [2004] 1 S.C.R. 827; 2004 SCC 33 February 10, 2004May 18, 2004
Monsanto Canada Inc v Schmeiser , [2004] 1 S.C.R. 902; 2004 SCC 34 January 20, 2004May 21, 2004
Bibaud v Québec (Régie de l'assurance maladie) , [2004] 2 S.C.R. 3; 2004 SCC 35 March 17, 2004June 10, 2004
Finney v Barreau du Québec , [2004] 2 S.C.R. 17; 2004 SCC 36 February 12, 2004June 10, 2004
Banque nationale de Paris (Canada) v 165836 Canada Inc , [2004] 2 S.C.R. 45; 2004 SCC 37 February 11, 2004June 10, 2004
British Columbia v Canadian Forest Products Ltd , [2004] 2 S.C.R. 74; 2004 SCC 38 October 16, 2003June 11, 2004
Quebec (Commission des droits de la pesonne et des droits de la jeunesse) v Quebec (AG) , [2004] 2 S.C.R. 185; 2004 SCC 39 October 14, 2003June 11, 2004
Quebec (AG) v Quebec (Human Rights Tribunal) , [2004] 2 S.C.R. 223; 2004 SCC 40 October 14, 2003June 11, 2004
R v Rémillard , [2004] 2 S.C.R. 246; 2004 SCC 41 June 18, 2004June 18, 2004V
Case nameArguedDecidedMcLachlinGothierIacobucciMajorBastaracheBinnieArbourLeBelDeschampsFishAbellaCharron
Application under s 83.28 of the Criminal Code (Re) , [2004] 2 S.C.R. 248; 2004 SCC 42 June 23, 2004122
Vancouver Sun (Re) , [2004] 2 S.C.R. 332; 2004 SCC 43 June 23, 2004
R v Kerr , [2004] 2 S.C.R. 371; 2004 SCC 44 January 16, 2004June 23, 20041122
Society of Composers, Authors and Music Publishers of Canada v Canadian Assn of Internet Providers , [2004] 2 S.C.R. 427; 2004 SCC 45 December 3, 2003June 30, 2004
R v Demers , [2004] 2 S.C.R. 489; 2004 SCC 46 January 21, 2004June 30, 2004
Syndicat Northcrest v Amselem , [2004] 2 S.C.R. 551; 2004 SCC 47 January 19, 2004June 30, 20041211
Congrégation des témoins de Jéhovah de St-Jérôme-Lafontaine v Lafontaine (Village of) , [2004] 2 S.C.R. 650; 2004 SCC 48 January 19, 2004June 30, 20042111
Anderson v Amoco Canada Oil and Gas , [2004] 3 S.C.R. 3; 2004 SCC 49 April 22, 2004July 16, 2004
R v Raponi , [2004] 3 S.C.R. 35; 2004 SCC 50 May 17, 2004July 16, 2004
Nova Scotia Power Inc v Canada , [2004] 3 S.C.R. 53; 2004 SCC 51 June 11, 2004July 16, 2004
R v Mann , [2004] 3 S.C.R. 59; 2004 SCC 52 March 26, 2004July 23, 2004
Case nameArguedDecidedMcLachlinGothierIacobucciMajorBastaracheBinnieArbourLeBelDeschampsFishAbellaCharron
Gilles E Néron Communication Marketing Inc v Chambre des notaires du Québec , [2004] 3 S.C.R. 95; 2004 SCC 53 February 18, 2004July 29, 2004
Monsanto Canada Inc v Ontario (Superintendent of Financial Services) , [2004] 3 S.C.R. 152; 2004 SCC 54 February 16, 2004July 29, 2004
Cabiakman v Industrial Alliance Life Insurance Co , [2004] 3 S.C.R. 195; 2004 SCC 55 March 19, 2004July 29, 2004
R v Perrier , [2004] 3 S.C.R. 228; 2004 SCC 56 May 19, 2004September 30, 2004
R v Chan , [2004] 3 S.C.R. 245; 2004 SCC 57 May 19, 2004September 30, 2004
Côté v Rancourt , [2004] 3 S.C.R. 248; 2004 SCC 58 June 11, 2004September 30, 2004
Épiciers Unis Métro-Richelieu Inc, division "Éconogros" v Collin , [2004] 3 S.C.R. 257; 2004 SCC 59 June 17, 2004October 1, 2004
Glykis v Hydro-Québec , [2004] 3 S.C.R. 285; 2004 SCC 60 April 13, 2004October 1, 2004
Entreprises Sibeca Inc v Frelighsburg (Municipality of) , [2004] 3 S.C.R. 304; 2004 SCC 61 March 23, 2004October 1, 2004
Lefebvre (Trustee of); Tremblay (Trustee of) , [2004] 3 S.C.R. 326; 2004 SCC 63 April 20, 2004October 28, 2004
Case nameArguedDecidedMcLachlinGothierIacobucciMajorBastaracheBinnieArbourLeBelDeschampsFishAbellaCharron
Ouellet (Trustee of) , [2004] 3 S.C.R. 348; 2004 SCC 64 April 20, 2004October 28, 2004
Hodge v Canada (Minister of Human Resources Development) , [2004] 3 S.C.R. 357; 2004 SCC 65 March 18, 2004October 28, 2004
Newfoundland (Treasury Board) v Newfoundland and Labrador Assn of Public and Private Employees , [2004] 3 S.C.R. 381; 2004 SCC 66 May 12, 2004October 28, 2004
R v Tessling , [2004] 3 S.C.R. 432; 2004 SCC 67 April 16, 2004October 29, 2004
Peoples Department Stores Inc (Trustee of) v Wise , [2004] 3 S.C.R. 461; 2004 SCC 68 May 11, 2004October 29, 2004
R v Blake , [2004] 3 S.C.R. 503; 2004 SCC 69 October 15, 2004October 29, 2004
R v Saunders , [2004] 3 S.C.R. 505; 2004 SCC 70 November 5, 2004November 5, 2004V
R v Smith, [2004] 3 S.C.R. 507; 2004 SCC 71 November 12, 2004November 12, 2004V
R v Zurowski , [2004] 3 S.C.R. 509; 2004 SCC 72 November 12, 2004November 12, 2004V
Haida Nation v British Columbia (Minister of Forests) , [2004] 3 S.C.R. 511; 2004 SCC 73 March 24, 2004November 18, 2004
Case nameArguedDecidedMcLachlinGothierIacobucciMajorBastaracheBinnieArbourLeBelDeschampsFishAbellaCharron
Taku River Tlingit First Nation v British Columbia (Project Assessment Director) , [2004] 3 S.C.R. 550; 2004 SCC 74 March 24, 2004November 18, 2004
Pacific National Investments Ltd v Victoria (City of) , [2004] 3 S.C.R. 575; 2004 SCC 75 June 15, 2004November 19, 2004
R v Deschamplain , [2004] 3 S.C.R. 601; 2004 SCC 76 June 16, 2004November 19, 2004123
R v Sazant , [2004] 3 S.C.R. 635; 2004 SCC 77 June 16, 2004November 19, 2004
Auton (Guardian ad litem of) v British Columbia (AG) , [2004] 3 S.C.R. 657; 2004 SCC 78 June 9, 2004November 19, 2004
Reference Re Same-Sex Marriage , [2004] 3 S.C.R. 698; 2004 SCC 79 October 6, 7, 2004December 19, 2004
R v Lohrer , [2004] 3 S.C.R. 732; 2004 SCC 80 December 10, 2004December 10, 2004V
Martineau v MNR , [2004] 3 S.C.R. 737; 2004 SCC 81 October 14, 2004December 16, 2004

Justices of the Supreme Court

JusticeReasons writtenVotes cast % Majority
Chief Justice Beverley McLachlin
15011Total=17
46000Total=46
61 of 63 (96.83%)
Puisne Justice Charles Gonthier
2000Total=02
1000Total=01
3 of 3 (100%)
Puisne Justice Frank Iacobucci
7000Total=07
33011Total=35
40 of 42 (95.24%)
Puisne Justice John C. Major
11011Total=13
53001Total=54
64 of 67 (95.52%)
Puisne Justice Michel Bastarache
7114Total=13
51023Total=56
59 of 69 (85.51%)
Puisne Justice Ian Binnie
10114Total=16
50020Total=52
61 of 68 (89.71%)
Puisne Justice Louise Arbour
4011Total=06
33101Total=35
38 of 41 (92.68%)
Puisne Justice Louis LeBel
11505Total=21
43021Total=46
59 of 67 (88.06%)
Pusine Justice Marie Deschamps
7023Total=12
49313Total=56
59 of 68 (86.76%)
Puisne Justice Morris Fish
7103Total=11
49202Total=53
59 of 64 (92.19%)
Pusine Justice Rosalie Abella
0000Total=00
6000Total=06
6 of 6 (100%)
Pusine Justice Louise Charron
0000Total=00
5000Total=05
5 of 5 (100%)
Notes on statistics:
  • A justice is only included in the majority if they have joined or concurred in the Court's judgment in full. Percentages are based only on the cases in which a justice participated, and are rounded to the nearest tenth of a percent.

Notes

  1. ↑ The following motions were released in 2004: R. v. Lohrer, 2004 SCC 24, [2004] 1 S.C.R. 627; Mugesera v. Canada (Minister of Citizenship and Immigration), 2004 SCC 62, [2004] 3 S.C.R. 323

Table key

  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
  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.

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