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.
Case name | Citation | Date | Subject |
---|---|---|---|
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 367 | August 16, 1990 | freedom of association; section 2(d) |
Central Alberta Dairy Pool v Alberta (Human Rights Commission) | [1990] 2 SCR 489 | September 13, 1990 | freedom of religion; employer discrimination |
R v Khan | [1990] 2 SCR 531 | September 13, 1990 | hearsay exception, children as witnesses |
R v Martineau | [1990] 2 SCR 633 | September 13, 1990 | murder |
R v J(JT) | [1990] 2 SCR 755 | Young offenders | |
Clarke v Clarke | [1990] 2 SCR 795 | October 4, 1990 | pensions and matrimonial property |
R v Hess; R v Nguyen | [1990] 2 SCR 906 | October 4, 1990 | Charter section 7, statutory rape |
R v Askov | [1990] 2 SCR 1199 | October 18, 1990 | Charter right to be "tried within a reasonable time" (s. 11(b)) |
Steele v Mountain Institution | [1990] 2 SCR 1385 | November 8, 1990 | Cruel and unusual punishment, indeterminate sentences |
R v Wong | [1990] 3 SCR 36 | November 22, 1990 | Electronic surveillance |
McKinney v University of Guelph | [1990] 3 SCR 229 | December 6, 1990 | Case broadened the scope of the Charter, elaborated use of section 15. |
Stoffman v Vancouver General Hospital | [1990] 3 SCR 483 | December 6, 1990 | application of the Charter; age discrimination |
Douglas/Kwantlen Faculty Assn v Douglas College | [1990] 3 SCR 570 | December 13, 1990 | Jurisdiction, remedies |
R v Keegstra | [1990] 3 SCR 697 | December 13, 1990 | Hate propaganda |
R v Andrews | [1990] 3 SCR 870 | December 13, 1990 | Freedom of expression |
Morguard Investments Ltd v De Savoye | [1990] 3 SCR 1077 | December 20, 1990 | conflict of laws |
R v Chaulk | [1990] 3 SCR 1303 | December 20, 1990 | mental disorder defence |
Committee for the Commonwealth of Canada v Canada | [1991] 1 SCR 139 | January 25, 1991 | Freedom of political expression, reasonable limitations of rights |
R v Sullivan | [1991] 1 SCR 489 | March 21, 1991 | Fetus as a legal person |
R v W(D) | [1991] 1 SCR 742 | March 28, 1991 | Charge to juries |
R v Evans | [1991] 1 SCR 869 | April 18, 1991 | Right to counsel |
R v Swain | [1991] 1 SCR 933 | May 2, 1991 | arbitrary detention, Charter section 7 |
Cuddy Chicks Ltd v Ontario (Labour Relations Board) | [1991] 2 SCR 5 | June 6, 1991 | jurisdiction |
Tétreault-Gadoury v Canada (Employment and Immigration Commission) | [1991] 2 SCR 22 | June 6, 1991 | jurisdiction |
Osborne v Canada (Treasury Board) | [1991] 2 SCR 69 | June 6, 1991 | political neutrality of public service, freedom of expression |
Reference Re Provincial Electoral Boundaries (Sask) | [1991] 2 SCR 158 | June 6, 1991 | Right to vote, representation |
Lavigne v Ontario Public Service Employees Union | [1991] 2 SCR 211 | June 27, 1991 | Freedom of association, freedom of expression |
Reference Re Canada Assistance Plan (BC) | [1991] 2 SCR 525 | August 15, 1991 | Jurisdiction of section 96 courts. |
R v Seaboyer | [1991] 2 SCR 577 | August 22, 1991 | right to full answer and defence |
R v Jobidon | [1991] 2 SCR 714 | September 26, 1991 | Defence of consent |
Kindler v Canada (Minister of Justice) | [1991] 2 SCR 779 | September 26, 1991 | extradition |
Reference Re Ng Extradition | [1991] 2 SCR 858 | September 26, 1991 | extradition to country with death penalty |
Pearlman v Manitoba Law Society Judicial Committee | [1991] 2 SCR 869 | September 26, 1991 | section 7 |
R v McCraw | [1991] 3 SCR 72 | rape threats | |
R v Wholesale Travel Group Inc | [1991] 3 SCR 154 | October 24, 1991 | Strict liability offences |
R v Gruenke | [1991] 3 SCR 263 | October 24, 1991 | case-by-case privilege. |
R v Stinchcombe | [1991] 3 SCR 326 | November 7, 1991 | disclosure of evidence |
R v Goltz | [1991] 3 SCR 485 | November 14, 1991 | cruel and unusual punishment, section 12 |
R v Broyles | [1991] 3 SCR 595 | November 28, 1991 | Right to silence |
Canadian Council of Churches v Canada (Minister of Employment and Immigration) | [1992] 1 SCR 236 | January 23, 1992 | Standing |
R v Genereux | [1992] 1 SCR 259 | February 13, 1992 | constitutionality of being tried by court martial. |
R v Butler | [1992] 1 SCR 452 | February 27, 1992 | pornography and freedom of expression |
R v Wise | [1992] 1 SCR 527 | Section 8, Electronic Surveillance | |
Newfoundland Telephone Co v Newfoundland (Board of Commissioners of Public Utilities) | [1992] 1 SCR 623 | March 5, 1992 | Administrative law, reasonable apprehension of bias |
Canada (Minister of Employment and Immigration) v Chiarelli | [1992] 1 SCR 711 | March 26, 1992 | Charter rights, deportation for crime |
R v Morin | [1992] 1 SCR 771 | March 26, 1992 | Right 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 1021 | April 30, 1992 | sets forth categories of recoverable economic loss. |
Norberg v Wynrib | [1992] 2 SCR 224, [1992] 2 SCR 226, [1992] 2 SCR 318 | tort law | |
Reference re Goods and Services Tax | [1992] 2 SCR 445 | ||
R v Nova Scotia Pharmaceutical Society | [1992] 2 SCR 606 | July 9, 1992 | section 7 |
Schachter v Canada | [1992] 2 SCR 679 | July 9, 1992 | remedies of Constitution; section 52; section 24(1) |
R v Zundel | [1992] 2 SCR 731 | August 27, 1992 | Freedom of expression |
R v Smith | [1992] 2 SCR 915 | August 27, 1992 | Hearsay exceptions |
R v Parks | [1992] 2 SCR 871 | August 27, 1992 | defence of automatism |
R v DeSousa | [1992] 2 SCR 944 | September 24, 1992 | predicate offences, requirement for mens rea |
Central Okanagan School District No 23 v Renaud | [1992] 2 SCR 970 | September 24, 1992 | Human Right Act |
Ciba-Geigy Canada Ltd v Apotex Inc | [1992] 3 SCR 120 | passing off | |
Haig v Canada (Chief Electoral Officer) | [1992] 3 SCR 163 | September 2, 1993 | right to vote |
London Drugs Ltd v Kuehne & Nagel International Ltd | [1992] 3 SCR 299 | October 29, 1992 | privity |
R v Morales | [1992] 3 SCR 711 | November 19, 1992 | right to reasonable bail |
Moge v Moge | [1992] 3 SCR 813 | December 17, 1992 | spousal support |
BG Checo International Ltd v British Columbia Hydro and Power Authority | [1993] 1 SCR 12 | January 21, 1993 | grounds for civil actions |
New Brunswick Broadcasting Co v Nova Scotia (Speaker of the House of Assembly) | [1993] 1 SCR 319 | January 21, 1993 | Parliamentary privileges |
The Rhône v The Peter AB Widener | [1993] 1 SCR 497 | corporate liability | |
Canada (AG) v Mossop | [1993] 1 SCR 554 | February 25, 1993 | equality rights |
R v B (KG) | [1993] 1 SCR 740 | February 25, 1993 | prior inconsistent statements |
Reference Re Public Schools Act (Man) | [1993] 1 SCR 839 | ||
R v Hundal | [1993] 1 SCR 867 | March 11, 1993 | criminal fault standard. |
Amchem Products Inc v British Columbia (Workers' Compensation Board) | [1993] 1 SCR 897 | March 25, 1993 | conflict of laws, forum selection |
Hall v Hebert | [1993] 2 SCR 159 | April 29, 1993 | Ex turpi causa non oritur actio , contributory negligence |
Canada (AG) v Ward | [1993] 2 SCR 689 | June 30, 1993 | Refugee, persecution |
Ramsden v Peterborough (City of) | [1993] 2 SCR 1084 | September 2, 1993 | Freedom of expression |
R v Creighton | [1993] 3 SCR 3 | September 9, 1993 | criminal fault standard. |
R v Plant | [1993] 3 SCR 281 | September 30, 1993 | search of computer records; search of perimeter of property |
Ontario Hydro v Ontario (Labour Relations Board) | [1993] 3 SCR 327 | September 30, 1993 | federalism, federal declaratory power |
R v Morgentaler | [1993] 3 SCR 463 | September 30, 1993 | The constitutionality of provincial regulations of abortion. |
Rodriguez v British Columbia (AG) | [1993] 3 SCR 519 | September 30, 1993 | right to suicide |
R v Dersch | [1993] 3 SCR 768 | October 21, 1993 | |
R v Marquard | [1993] 4 SCR 223 | October 21, 1993 | expert evidence |
Hunt v T&N plc | [1993] 4 SCR 289 | November 18, 1993 | conflict of laws |
R v Finta | [1994] 1 SCR 701 | March 24, 1994 | war crimes and crimes against humanity |
R v Mohan | [1994] 2 SCR 9 | May 5, 1994 | expert testimony |
R v Daviault | [1994] 3 SCR 63 | September 30, 1994 | defence of intoxication |
R v Bartle | [1994] 3 SCR 173 | September 29, 1994 | right to be informed on arrest of duty counsel |
R v Prosper | [1994] 3 SCR 236 | September 29, 1994 | right to retain counsel s.10(b) of Charter |
Native Women's Association of Canada v Canada | [1994] 3 SCR 627 | October 27, 1994 | positive obligations on the government under freedom of expression in the Charter. |
R v Heywood | [1994] 3 SCR 761 | November 24, 1994 | Section Seven challenge, Overbreadth |
Dagenais v Canadian Broadcasting Corp | [1994] 3 SCR 835 | December 8, 1994 | publication bans, freedom of expression |
R v Laba | [1994] 3 SCR 965 | December 8, 1994 | presumption of innocence |
Tolofson v Jensen | [1994] 3 SCR 1022 | December 15, 1994 | conflict of laws in tort |
Case name | Citation | Date | Subject |
---|---|---|---|
Stewart v Pettie | [1995] 1 SCR 131 | January 26, 1995 | Duty of Care in social host liability |
Canadian Broadcasting Corp v Canada (Labour Relations Board) | [1995] 1 SCR 157 | January 27, 1995 | Standard of review for administrative tribunals |
R v Burlingham | [1995] 2 SCR 206 | May 18, 1995 | Right to counsel |
Miron v Trudel | [1995] 2 SCR 418 | May 25, 1995 | section 15 |
Egan v Canada | [1995] 2 SCR 513 | May 25, 1995 | sexual orientation, ground of discrimination under the Charter. |
Thibaudeau v Canada | [1995] 2 SCR 627 | May 25, 1995 | Charter equality rights; section 7 |
R v Park | [1995] 2 SCR 836 | June 22, 1995 | established the mistaken belief in consent defence |
Weber v Ontario Hydro | [1995] 2 SCR 929 | June 29, 1995 | concurrency of court jurisdiction; collective agreements |
R v Hibbert | [1995] 2 SCR 973 | February 22, 1996 | Aiding and abetting, duress |
Hill v Church of Scientology of Toronto | [1995] 2 SCR 1130 | July 20, 1995 | defamation; Charter interpretation |
RJR-MacDonald Inc v Canada (AG) | [1995] 3 SCR 199 | September 21, 1995 | tobacco, freedom of speech. |
Husky Oil Operations Ltd v Canada (Minister of Natural Resources) | [1995] 3 SCR 453 | October 19, 2005 | applicability, paramountcy |
Chan v Canada (Minister of Employment and Immigration) | [1995] 3 SCR 593 | October 19, 1995 | Convention refugee status |
R v Jorgensen | [1995] 4 SCR 55 | November 16, 1995 | obscenity |
R v O'Connor | [1995] 4 SCR 411 | December 14, 1995 | privilege for doctor's records |
Hollis v Dow Corning Corp | [1995] 4 SCR 634 | December 21, 1995 | Product liability |
R (Canada) v Adams | [1995] 4 SCR 707 | publication ban | |
R v Edwards | [1996] 1 SCR 128 | Test for Reasonable Expectation of Privacy in Section 8 of the Charter | |
Reference Re Amendments to the Residential Tenancies Act (NS) | [1996] 1 SCR 186 | February 22, 1996 | Jurisdiction of section 96 courts |
R v Badger | [1996] 1 SCR 771 | April 3, 1996 | aboriginal treaty rights |
Ross v New Brunswick School District No 15 | [1996] 1 SCR 825 | ||
R v Van der Peet | [1996] 2 SCR 507 | August 21, 1996 | section 35 aboriginal rights |
R v Gladstone | [1996] 2 SCR 723 | August 21, 1996 | aboriginal fishing rights |
R v Pamajewon | [1996] 2 SCR 821 | August 22, 1996 | aboriginal self-government |
Adler v Ontario (AG) | [1996] 3 SCR 609 | November 21, 1996 | private denominational education |
R v Latimer | [1997] 1 SCR 217 | February 6, 1997 | arbitrary 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 607 | March 20, 1997 | exclusion of evidence, s.24(2) of the Charter |
Canada (Director of Investigation and Research) v Southam Inc | [1997] 1 SCR 748 | March 20, 1997 | judicial review |
Hercules Managements Ltd v Ernst & Young | [1997] 2 SCR 165 | May 22, 1997 | Novel duties of care, auditors' liability |
R v Noble | [1997] 1 SCR 874 | right to silence | |
R v Feeney | [1997] 2 SCR 13 | May 22, 1997 | section 8 of the Charter |
Eldridge v British Columbia (AG) | [1997] 2 SCR 624 | October 9, 1997 | section 32 and 15 of the Charter |
Provincial Judges Reference | [1997] 3 SCR 3 | September 18, 1997 | Remuneration of Provincial Court Judges |
R v Hydro-Québec | [1997] 3 SCR 213 | September 18, 1997 | Constitutional criminal law power, peace, order and good government |
R v Lifchus | [1997] 3 SCR 320 | September 18, 1997 | beyond a reasonable doubt standard |
R v Belnavis | [1997] 3 SCR 341 | September 25, 1997 | search and seizure |
R v S (RD) | [1997] 3 SCR 484 | September 26, 1997 | judge's use of personal experiences in deciding cases. |
Libman v Quebec (AG) | [1997] 3 SCR 569 | October 9, 1997 | election law, freedom of expression and association |
Wallace v United Grain Growers Ltd | [1997] 3 SCR 701 | October 30, 1997 | damages for wrongful dismissal where employer exercises bad faith in terminating employment |
Godbout v Longueuil (City of) | [1997] 3 SCR 844 | October 31, 1997 | section 7; restriction on residence |
Delgamuukw v British Columbia | [1997] 3 SCR 1010 | December 11, 1997 | aboriginal title, right to self-government. |
Re Remuneration of Judges (No 2) | [1998] 1 SCR 3 | February 10, 1998 | aftermath of Provincial Judges Reference; doctrine of necessity |
R v Lucas | [1998] 1 SCR 439 | April 2, 1998 | defamatory libel, freedom of expression |
Vriend v Alberta | [1998] 1 SCR 493 | April 2, 1998 | provincial governments cannot exclude sexual orientation from human rights codes. |
Aubry v Éditions Vice-Versa Inc | [1998] 1 SCR 591 | April 9, 1998 | Privacy rights; invasion of privacy |
Thomson Newspapers Co Ltd v Canada (AG) | [1998] 1 SCR 877 | May 29, 1998 | Freedom of expression |
Pushpanathan v Canada (Minister of Citizenship and Immigration) | [1998] 1 SCR 982 | June 4, 1998 | Refugees, Administrative law |
Eli Lilly & Co v Novopharm Ltd | [1998] 2 SCR 129 | patents | |
Reference Re Secession of Quebec | [1998] 2 SCR 217 | August 20, 1998 | Constitutionality of unilateral separation of Quebec |
R v Cuerrier | [1998] 2 SCR 371 | December 3, 1998 | criminal law |
Canadian Egg Marketing Agency v Richardson | [1998] 3 SCR 157 | May 30, 1997 | Standing; Section Six of the Canadian Charter of Rights and Freedoms |
Cadbury Schweppes Inc v FBI Foods Ltd | [1999] 1 SCR 142 | January 28, 1999 | Breach of confidence and appropriate remedies |
R v Godoy | [1999] 1 SCR 311 | February 4, 1999 | Rights against police entering private residence. |
R v Ewanchuk | [1999] 1 SCR 330 | February 25, 1999 | consent as defence to sexual assault |
Law v Canada (Minister of Employment and Immigration) | [1999] 1 SCR 497 | March 25, 1999 | section 15 |
MJB Enterprises Ltd v Defence Construction (1951) Ltd | [1999] 1 SCR 619 | Tendering contracts | |
R v Monney | [1999] 1 SCR 652 | ||
R v Beaulac | [1999] 1 SCR 768 | May 20, 1999 | language rights |
M v H | [1999] 2 SCR 3 | May 20, 1999 | rights of same-sex couples |
Corbiere v Canada (Minister of Indian and Northern Affairs) | [1999] 2 SCR 203, 1999 SCC 29 | May 20, 1999 | Equality rights, right to vote. |
R v Stone | [1999] 2 SCR 290 | May 27, 1999 | mental disorder defence |
R v White | [1999] 2 SCR 417 | ||
Bazley v Curry | [1999] 2 SCR 534 | June 17, 1999 | vicarious liability |
Jacobi v Griffiths | [1999] 2 SCR 570 | June 17, 1999 | vicarious liability |
Winko v British Columbia (Forensic Psychiatric Institute) | [1999] 2 SCR 625 | June 17, 1999 | Mental disorder and criminal law; Charter |
Dobson (Litigation guardian of) v Dobson | [1999] 2 SCR 753 | July 9, 1999 | Pregnancy and torts |
Baker v Canada (Minister of Citizenship and Immigration) | [1999] 2 SCR 817 | July 9, 1999 | Judicial review |
Delisle v Canada (Deputy AG) | [1999] 2 SCR 989 | September 2, 1999 | association; expression; equality |
United Food and Commercial Workers, Local 1518 v KMart Canada Ltd | [1999] 2 SCR 1083 | September 9, 1999 | Freedom of expression; picketing |
British Columbia (Public Service Employee Relations Commission) v British Columbia Government Service Employees' Union | [1999] 3 SCR 3 | September 9, 1999 | Human Rights legislation; discrimination |
R v Marshall | [1999] 3 SCR 45 | aboriginal fishing rights. | |
New Brunswick (Minister of Health and Community Services) v G (J) | [1999] 3 SCR 46 | September 10, 1999 | access to legal aid |
Fraser River Pile & Dredge Ltd v Can-Dive Services Ltd | [1999] 3 SCR 108 | September 10, 1999 | privity |
R v Mills | [1999] 3 SCR 668 | November 25, 1999 | privilege, disclosure of evidence |
British Columbia (Superintendent of Motor Vehicles) v British Columbia (Council of Human Rights) | [1999] 3 SCR 868 | December 16, 1999 | discrimination based on disability |
January 6, 2000 –retirement of Chief Justice Antonio Lamer. |
Law is the set of rules and principles (laws) by which a society is governed, through enforcement by governmental authorities. Law is also the field that concerns the creation and administration of laws, and includes any and all legal systems.
A plaintiff is the party who initiates a lawsuit before a court. By doing so, the plaintiff seeks a legal remedy. If this search is successful, the court will issue judgment in favor of the plaintiff and make the appropriate court order. "Plaintiff" is the term used in civil cases in most English-speaking jurisdictions, the notable exceptions being England and Wales, where a plaintiff has, since the introduction of the Civil Procedure Rules in 1999, been known as a "claimant" and Scotland, where the party has always been known as the "pursuer". In criminal cases, the prosecutor brings the case against the defendant, but the key complaining party is often called the "complainant".
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.
The Canadian Charter of Rights and Freedoms, often simply referred to as the Charter in Canada, is a bill of rights entrenched in the Constitution of Canada, forming the first part of the Constitution Act, 1982. The Charter guarantees certain political rights to Canadian citizens and civil rights of everyone in Canada from the policies and actions of all areas and levels of the government. It is designed to unify Canadians around a set of principles that embody those rights. The Charter was signed into law by Queen Elizabeth II of Canada on April 17, 1982, along with the rest of the Constitution Act, 1982.
Landmark court decisions, in present-day common law legal systems, establish precedents that determine a significant new legal principle or concept, or otherwise substantially affect the interpretation of existing law. "Leading case" is commonly used in the United Kingdom and other Commonwealth jurisdictions instead of "landmark case", as used in the United States.
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The Federal Court of Appeal is a Canadian appellate court that hears cases concerning federal matters.
In law, a per curiam decision is a ruling issued by an appellate court of multiple judges in which the decision rendered is made by the court acting collectively. In contrast to regular opinions, a per curiam does not list the individual judge responsible for authoring the decision, but minority concurring and dissenting decisions are signed.
Halpern v Canada (AG), [2003] O.J. No. 2268 is a June 10, 2003 decision of the Court of Appeal for Ontario in which the Court found that the common law definition of marriage, which defined marriage as between one man and one woman, violated section 15 of the Canadian Charter of Rights and Freedoms.
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