List of Supreme Court of Canada cases (Lamer Court)

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This is a chronological list of notable cases decided by the Supreme Court of Canada from appointment of Antonio Lamer as Chief Justice of Canada to his retirement.

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.

Antonio Lamer 16th Chief Justice of Canada

Joseph Antonio Charles Lamer, was a Canadian lawyer, jurist and the 16th Chief Justice of the Supreme Court of Canada.

Chief Justice of Canada presiding judge of the Supreme Court of Canada

The Chief Justice of Canada is the presiding judge of the nine-member Supreme Court of Canada, the highest judicial body in Canada. As such, the chief justice is the highest-ranking judge of the Canadian court system. The Supreme Court Act grants plenary power to the Governor General to appoint—with the advice of the Prime Minister—a chief justice, who serves until they resign, die, are removed from office for cause, or attain the age of 75 years. By tradition, a new chief justice is chosen from among the Court's incumbent puisne justices.

Contents

1990 1994

Case nameCitationDateSubject
July 1, 1990 Appointment of Antonio Lamer as Chief Justice of Canada
Professional Institute of the Public Service of Canada v Northwest Territories (Commissioner) [1990] 2 SCR 367August 16, 1990freedom of association; section 2(d)
Central Alberta Dairy Pool v Alberta (Human Rights Commission) [1990] 2 SCR 489September 13, 1990freedom of religion; employer discrimination
R v Khan [1990] 2 SCR 531September 13, 1990 hearsay exception, children as witnesses
R v Martineau [1990] 2 SCR 633September 13, 1990 murder
R v J(JT) [1990] 2 SCR 755Young offenders
Clarke v Clarke [1990] 2 SCR 795October 4, 1990pensions and matrimonial property
R v Hess; R v Nguyen [1990] 2 SCR 906October 4, 1990Charter section 7, statutory rape
R v Askov [1990] 2 SCR 1199October 18, 1990Charter right to be "tried within a reasonable time" (s. 11(b))
Steele v Mountain Institution [1990] 2 SCR 1385November 8, 1990Cruel and unusual punishment, indeterminate sentences
R v Wong [1990] 3 SCR 36November 22, 1990Electronic surveillance
McKinney v University of Guelph [1990] 3 SCR 229December 6, 1990Case broadened the scope of the Charter, elaborated use of section 15.
Stoffman v Vancouver General Hospital [1990] 3 SCR 483December 6, 1990application of the Charter; age discrimination
Douglas/Kwantlen Faculty Assn v Douglas College [1990] 3 SCR 570December 13, 1990Jurisdiction, remedies
R v Keegstra [1990] 3 SCR 697December 13, 1990Hate propaganda
R v Andrews [1990] 3 SCR 870December 13, 1990Freedom of expression
Morguard Investments Ltd v De Savoye [1990] 3 SCR 1077December 20, 1990 conflict of laws
R v Chaulk [1990] 3 SCR 1303December 20, 1990 mental disorder defence
Committee for the Commonwealth of Canada v Canada [1991] 1 SCR 139January 25, 1991Freedom of political expression, reasonable limitations of rights
R v Sullivan [1991] 1 SCR 489March 21, 1991Fetus as a legal person
R v W(D) [1991] 1 SCR 742March 28, 1991Charge to juries
R v Evans [1991] 1 SCR 869April 18, 1991Right to counsel
R v Swain [1991] 1 SCR 933May 2, 1991arbitrary detention, Charter section 7
Cuddy Chicks Ltd v Ontario (Labour Relations Board) [1991] 2 SCR 5June 6, 1991jurisdiction
Tétreault-Gadoury v Canada (Employment and Immigration Commission) [1991] 2 SCR 22June 6, 1991jurisdiction
Osborne v Canada (Treasury Board) [1991] 2 SCR 69June 6, 1991political neutrality of public service, freedom of expression
Reference Re Provincial Electoral Boundaries (Sask) [1991] 2 SCR 158June 6, 1991Right to vote, representation
Lavigne v Ontario Public Service Employees Union [1991] 2 SCR 211June 27, 1991Freedom of association, freedom of expression
Reference Re Canada Assistance Plan (BC) [1991] 2 SCR 525August 15, 1991Jurisdiction of section 96 courts.
R v Seaboyer [1991] 2 SCR 577August 22, 1991right to full answer and defence
R v Jobidon [1991] 2 SCR 714September 26, 1991Defence of consent
Kindler v Canada (Minister of Justice) [1991] 2 SCR 779September 26, 1991 extradition
Reference Re Ng Extradition [1991] 2 SCR 858September 26, 1991extradition to country with death penalty
Pearlman v Manitoba Law Society Judicial Committee [1991] 2 SCR 869September 26, 1991section 7
R v McCraw [1991] 3 SCR 72rape threats
R v Wholesale Travel Group Inc [1991] 3 SCR 154October 24, 1991 Strict liability offences
R v Gruenke [1991] 3 SCR 263October 24, 1991case-by-case privilege.
R v Stinchcombe [1991] 3 SCR 326November 7, 1991disclosure of evidence
R v Goltz [1991] 3 SCR 485November 14, 1991 cruel and unusual punishment, section 12
R v Broyles [1991] 3 SCR 595November 28, 1991Right to silence
Canadian Council of Churches v Canada (Minister of Employment and Immigration) [1992] 1 SCR 236January 23, 1992Standing
R v Genereux [1992] 1 SCR 259February 13, 1992constitutionality of being tried by court martial.
R v Butler [1992] 1 SCR 452February 27, 1992pornography and freedom of expression
R v Wise [1992] 1 SCR 527Section 8, Electronic Surveillance
Newfoundland Telephone Co v Newfoundland (Board of Commissioners of Public Utilities) [1992] 1 SCR 623March 5, 1992 Administrative law, reasonable apprehension of bias
Canada (Minister of Employment and Immigration) v Chiarelli [1992] 1 SCR 711March 26, 1992Charter rights, deportation for crime
R v Morin [1992] 1 SCR 771March 26, 1992Right to trial within a reasonable time
Reference Re Milgaard (Can) [1992] 1 SCR 866
Canadian National Railway Co v Norsk Pacific Steamship Co [1992] 1 SCR 1021April 30, 1992sets forth categories of recoverable economic loss.
Norberg v Wynrib [1992] 2 SCR 224, [1992] 2 SCR 226, [1992] 2 SCR 318tort law
Reference re Goods and Services Tax [1992] 2 SCR 445
R v Nova Scotia Pharmaceutical Society [1992] 2 SCR 606July 9, 1992section 7
Schachter v Canada [1992] 2 SCR 679July 9, 1992remedies of Constitution; section 52; section 24(1)
R v Zundel [1992] 2 SCR 731August 27, 1992Freedom of expression
R v Smith [1992] 2 SCR 915August 27, 1992Hearsay exceptions
R v Parks [1992] 2 SCR 871August 27, 1992defence of automatism
R v DeSousa [1992] 2 SCR 944September 24, 1992predicate offences, requirement for mens rea
Central Okanagan School District No 23 v Renaud [1992] 2 SCR 970September 24, 1992Human Right Act
Ciba-Geigy Canada Ltd v Apotex Inc [1992] 3 SCR 120 passing off
Haig v Canada (Chief Electoral Officer) [1992] 3 SCR 163September 2, 1993right to vote
London Drugs Ltd v Kuehne & Nagel International Ltd [1992] 3 SCR 299October 29, 1992 privity
R v Morales [1992] 3 SCR 711November 19, 1992right to reasonable bail
Moge v Moge [1992] 3 SCR 813December 17, 1992spousal support
BG Checo International Ltd v British Columbia Hydro and Power Authority [1993] 1 SCR 12January 21, 1993grounds for civil actions
New Brunswick Broadcasting Co v Nova Scotia (Speaker of the House of Assembly) [1993] 1 SCR 319January 21, 1993Parliamentary privileges
The Rhône v The Peter AB Widener [1993] 1 SCR 497 corporate liability
Canada (AG) v Mossop [1993] 1 SCR 554February 25, 1993equality rights
R v B (KG) [1993] 1 SCR 740February 25, 1993prior inconsistent statements
Reference Re Public Schools Act (Man) [1993] 1 SCR 839
R v Hundal [1993] 1 SCR 867March 11, 1993criminal fault standard.
Amchem Products Inc v British Columbia (Workers' Compensation Board) [1993] 1 SCR 897March 25, 1993 conflict of laws, forum selection
Hall v Hebert [1993] 2 SCR 159April 29, 1993 Ex turpi causa non oritur actio , contributory negligence
Canada (AG) v Ward [1993] 2 SCR 689June 30, 1993Refugee, persecution
Ramsden v Peterborough (City of) [1993] 2 SCR 1084September 2, 1993Freedom of expression
R v Creighton [1993] 3 SCR 3September 9, 1993criminal fault standard.
R v Plant [1993] 3 SCR 281September 30, 1993search of computer records; search of perimeter of property
Ontario Hydro v Ontario (Labour Relations Board) [1993] 3 SCR 327September 30, 1993federalism, federal declaratory power
R v Morgentaler [1993] 3 SCR 463September 30, 1993The constitutionality of provincial regulations of abortion.
Rodriguez v British Columbia (AG) [1993] 3 SCR 519September 30, 1993right to suicide
R v Dersch [1993] 3 SCR 768October 21, 1993
R v Marquard [1993] 4 SCR 223October 21, 1993expert evidence
Hunt v T&N plc [1993] 4 SCR 289November 18, 1993 conflict of laws
R v Finta [1994] 1 SCR 701March 24, 1994 war crimes and crimes against humanity
R v Mohan [1994] 2 SCR 9May 5, 1994expert testimony
R v Daviault [1994] 3 SCR 63September 30, 1994defence of intoxication
R v Bartle [1994] 3 SCR 173September 29, 1994right to be informed on arrest of duty counsel
R v Prosper [1994] 3 SCR 236September 29, 1994right to retain counsel s.10(b) of Charter
Native Women's Association of Canada v Canada [1994] 3 SCR 627October 27, 1994positive obligations on the government under freedom of expression in the Charter.
R v Heywood [1994] 3 SCR 761November 24, 1994 Section Seven challenge, Overbreadth
Dagenais v Canadian Broadcasting Corp [1994] 3 SCR 835December 8, 1994publication bans, freedom of expression
R v Laba [1994] 3 SCR 965December 8, 1994 presumption of innocence
Tolofson v Jensen [1994] 3 SCR 1022December 15, 1994 conflict of laws in tort

1995 1999

Case nameCitationDateSubject
Stewart v Pettie [1995] 1 SCR 131January 26, 1995Duty of Care in social host liability
Canadian Broadcasting Corp v Canada (Labour Relations Board) [1995] 1 SCR 157January 27, 1995Standard of review for administrative tribunals
R v Burlingham [1995] 2 SCR 206May 18, 1995Right to counsel
Miron v Trudel [1995] 2 SCR 418May 25, 1995section 15
Egan v Canada [1995] 2 SCR 513May 25, 1995 sexual orientation, ground of discrimination under the Charter.
Thibaudeau v Canada [1995] 2 SCR 627May 25, 1995Charter equality rights; section 7
R v Park [1995] 2 SCR 836June 22, 1995established the mistaken belief in consent defence
Weber v Ontario Hydro [1995] 2 SCR 929June 29, 1995concurrency of court jurisdiction; collective agreements
R v Hibbert [1995] 2 SCR 973February 22, 1996Aiding and abetting, duress
Hill v Church of Scientology of Toronto [1995] 2 SCR 1130July 20, 1995defamation; Charter interpretation
RJR-MacDonald Inc v Canada (AG) [1995] 3 SCR 199September 21, 1995tobacco, freedom of speech.
Husky Oil Operations Ltd v Canada (Minister of Natural Resources) [1995] 3 SCR 453October 19, 2005applicability, paramountcy
Chan v Canada (Minister of Employment and Immigration) [1995] 3 SCR 593October 19, 1995Convention refugee status
R v Jorgensen [1995] 4 SCR 55November 16, 1995 obscenity
R v O'Connor [1995] 4 SCR 411December 14, 1995 privilege for doctor's records
Hollis v Dow Corning Corp [1995] 4 SCR 634December 21, 1995 Product liability
R (Canada) v Adams [1995] 4 SCR 707 publication ban
R v Edwards [1996] 1 SCR 128Test for Reasonable Expectation of Privacy in Section 8 of the Charter
Reference Re Amendments to the Residential Tenancies Act (NS) [1996] 1 SCR 186February 22, 1996Jurisdiction of section 96 courts
R v Badger [1996] 1 SCR 771April 3, 1996aboriginal treaty rights
Ross v New Brunswick School District No 15 [1996] 1 SCR 825
R v Van der Peet [1996] 2 SCR 507August 21, 1996section 35 aboriginal rights
R v Gladstone [1996] 2 SCR 723August 21, 1996aboriginal fishing rights
R v Pamajewon [1996] 2 SCR 821August 22, 1996aboriginal self-government
Adler v Ontario (AG) [1996] 3 SCR 609November 21, 1996private denominational education
R v Latimer [1997] 1 SCR 217February 6, 1997arbitrary detention, the right to informed of reasons for arrest or detention, the right to be informed that one may seek counsel
R v Stillman [1997] 1 SCR 607March 20, 1997exclusion of evidence, s.24(2) of the Charter
Canada (Director of Investigation and Research) v Southam Inc [1997] 1 SCR 748March 20, 1997judicial review
Hercules Managements Ltd v Ernst & Young [1997] 2 SCR 165May 22, 1997Novel duties of care, auditors' liability
R v Noble [1997] 1 SCR 874right to silence
R v Feeney [1997] 2 SCR 13May 22, 1997section 8 of the Charter
Eldridge v British Columbia (AG) [1997] 2 SCR 624October 9, 1997section 32 and 15 of the Charter
Provincial Judges Reference [1997] 3 SCR 3September 18, 1997Remuneration of Provincial Court Judges
R v Hydro-Québec [1997] 3 SCR 213September 18, 1997Constitutional criminal law power, peace, order and good government
R v Lifchus [1997] 3 SCR 320September 18, 1997 beyond a reasonable doubt standard
R v Belnavis [1997] 3 SCR 341September 25, 1997search and seizure
R v S (RD) [1997] 3 SCR 484September 26, 1997judge's use of personal experiences in deciding cases.
Libman v Quebec (AG) [1997] 3 SCR 569October 9, 1997election law, freedom of expression and association
Wallace v United Grain Growers Ltd [1997] 3 SCR 701October 30, 1997 damages for wrongful dismissal where employer exercises bad faith in terminating employment
Godbout v Longueuil (City of) [1997] 3 SCR 844October 31, 1997section 7; restriction on residence
Delgamuukw v British Columbia [1997] 3 SCR 1010December 11, 1997aboriginal title, right to self-government.
Re Remuneration of Judges (No 2) [1998] 1 SCR 3February 10, 1998aftermath of Provincial Judges Reference; doctrine of necessity
R v Lucas [1998] 1 SCR 439April 2, 1998defamatory libel, freedom of expression
Vriend v Alberta [1998] 1 SCR 493April 2, 1998provincial governments cannot exclude sexual orientation from human rights codes.
Aubry v Éditions Vice-Versa Inc [1998] 1 SCR 591April 9, 1998Privacy rights; invasion of privacy
Thomson Newspapers Co Ltd v Canada (AG) [1998] 1 SCR 877May 29, 1998Freedom of expression
Pushpanathan v Canada (Minister of Citizenship and Immigration) [1998] 1 SCR 982June 4, 1998Refugees, Administrative law
Eli Lilly & Co v Novopharm Ltd [1998] 2 SCR 129patents
Reference Re Secession of Quebec [1998] 2 SCR 217August 20, 1998Constitutionality of unilateral separation of Quebec
R v Cuerrier [1998] 2 SCR 371December 3, 1998criminal law
Canadian Egg Marketing Agency v Richardson [1998] 3 SCR 157May 30, 1997Standing; Section Six of the Canadian Charter of Rights and Freedoms
Cadbury Schweppes Inc v FBI Foods Ltd [1999] 1 SCR 142January 28, 1999Breach of confidence and appropriate remedies
R v Godoy [1999] 1 SCR 311February 4, 1999Rights against police entering private residence.
R v Ewanchuk [1999] 1 SCR 330February 25, 1999consent as defence to sexual assault
Law v Canada (Minister of Employment and Immigration) [1999] 1 SCR 497March 25, 1999section 15
MJB Enterprises Ltd v Defence Construction (1951) Ltd [1999] 1 SCR 619Tendering contracts
R v Monney [1999] 1 SCR 652
R v Beaulac [1999] 1 SCR 768May 20, 1999language rights
M v H [1999] 2 SCR 3May 20, 1999rights of same-sex couples
Corbiere v Canada (Minister of Indian and Northern Affairs) [1999] 2 SCR 203, 1999 SCC 29 May 20, 1999Equality rights, right to vote.
R v Stone [1999] 2 SCR 290May 27, 1999 mental disorder defence
R v White [1999] 2 SCR 417
Bazley v Curry [1999] 2 SCR 534June 17, 1999 vicarious liability
Jacobi v Griffiths [1999] 2 SCR 570June 17, 1999 vicarious liability
Winko v British Columbia (Forensic Psychiatric Institute) [1999] 2 SCR 625June 17, 1999Mental disorder and criminal law; Charter
Dobson (Litigation guardian of) v Dobson [1999] 2 SCR 753July 9, 1999Pregnancy and torts
Baker v Canada (Minister of Citizenship and Immigration) [1999] 2 SCR 817July 9, 1999Judicial review
Delisle v Canada (Deputy AG) [1999] 2 SCR 989September 2, 1999association; expression; equality
United Food and Commercial Workers, Local 1518 v KMart Canada Ltd [1999] 2 SCR 1083September 9, 1999Freedom of expression; picketing
British Columbia (Public Service Employee Relations Commission) v British Columbia Government Service Employees' Union [1999] 3 SCR 3September 9, 1999Human Rights legislation; discrimination
R v Marshall [1999] 3 SCR 45aboriginal fishing rights.
New Brunswick (Minister of Health and Community Services) v G (J) [1999] 3 SCR 46September 10, 1999access to legal aid
Fraser River Pile & Dredge Ltd v Can-Dive Services Ltd [1999] 3 SCR 108September 10, 1999 privity
R v Mills [1999] 3 SCR 668November 25, 1999 privilege, disclosure of evidence
British Columbia (Superintendent of Motor Vehicles) v British Columbia (Council of Human Rights) [1999] 3 SCR 868December 16, 1999discrimination based on disability
January 6, 2000 retirement of Chief Justice Antonio Lamer.

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