This is a chronological list of notable cases decided by the Supreme Court of Canada from the appointment of Bora Laskin in 1973 as Chief Justice to his death in office in 1984. Laskin was the first Chief Justice to hear cases under the Charter of Rights and Freedoms implemented in 1982.
Case name | Citation | Date | Subject |
---|---|---|---|
December 27, 1973 – Bora Laskin is appointed as Chief Justice of Canada | |||
Calder v British Columbia (AG) | [1973] SCR 313 | January 31, 1973 | Aboriginal rights |
Jordan House Hotel Ltd v Menow | [1974] SCR 239 | commercial host liability | |
Canadian Aero Service Ltd v O'Malley | [1974] SCR 592 | June 29, 1973 | corporate director's fiduciary duties |
Canada (AG) v Lavell | [1974] SCR 1349 | August 27, 1973 | equality, Bill of Rights |
Moran v Pyle National (Canada) Ltd | [1975] 1 SCR 393 | Conflict of laws | |
Murdoch v Murdoch | [1975] 1 SCR 423 | Division of matrimonial property |
Case name | Citation | Date | Subject |
---|---|---|---|
Kienapple v R | [1975] 1 SCR 729 | the "kienapple" principle of multiple criminal charges | |
Jones v New Brunswick (AG) | [1975] 2 SCR 182 | validity of Official Languages Act | |
Interprovincial Cooperatives Ltd v R | (1975), [1976] 1 SCR 477 | constitutional extraterritoriality | |
Morgentaler v R | [1976] 1 SCR 616 | March 26, 1975 | abortion |
Harrison v Carswell | [1976] 2 SCR 200 | pre-Charter right to protest | |
Morgan v Prince Edward Island (AG) | [1976] 2 SCR 349 | limiting right to own land | |
Reference Re Anti-Inflation Act | [1976] 2 SCR 373 | July 12, 1976 | peace, order and good government power |
MacDonald v Vapor Canada Ltd | [1977] 2 SCR 134 | constitutionality of the Trade-marks Act | |
Amax Potash Ltd v Saskatchewan | [1977] 2 SCR 576 | October 5, 1976 | Ability of government to protect itself from unfavourable findings on federalism issues. |
Miller v R | [1977] 2 SCR 680 | Bill of Rights; Cruel and unusual punishment | |
R v Leary | [1978] 1 SCR 29 | March 8, 1977 | intoxication defence |
Kruger v R | [1978] 1 SCR 104 | May 31, 1977 | Indian Act and provincial gaming laws |
Smithers v R | [1978] 1 SCR 506 | May 17, 1977 | criminal causation test |
Capital Cities Communications Inc v Canadian Radio-Television Commission | [1978] 2 SCR 141 | November 30, 1977 | federal works and undertakings |
Quebec (AG) v Kellogg's Co of Canada | [1978] 2 SCR 211 | January 19, 1978 | freedom of expression |
Arnold v Teno | [1978] 2 SCR 287 | January 19, 1978 | duty of care; unforeseeable plaintiff |
Nova Scotia (Board of Censors) v McNeil | [1978] 2 SCR 662 | January 19, 1978 | federalism; provincial power to censor |
Canada (AG) v Montreal (City of) | [1978] 2 SCR 770 | January 19, 1978 | Federalism and municipal power to create preventative by-laws |
Reference Re Agricultural Products Marketing Act | [1978] 2 SCR 1198 | ||
R v Sault Ste-Marie (City of) | [1978] 2 SCR 1299 | May 1, 1978 | strict liability offences |
Manitoba Fisheries Ltd v R | [1979] 1 SCR 101 | October 3, 1978 | expropriation; regulatory taking |
Bliss v Canada (AG) | [1979] 1 SCR 183 | October 31, 1978 | Canadian Bill of Rights |
R v Hauser | [1979] 1 SCR 984 | May 1, 1979 | federalism; peace, order and good government |
Cherneskey v Armadale Publishers Ltd | [1979] 1 SCR 1067 | November 21, 1978 | defamation |
Canadian Union of Public Employees, Local 963 v New Brunswick Liquor Corp | [1979] 2 SCR 227 | judicial review | |
Dunlop v R | [1979] 2 SCR 881 | May 31, 1979 | aiding and abetting |
Lewis v R | [1979] 2 SCR 821 | June 14, 1979 | Murder; motive |
Quebec (AG) v Blaikie (No 1) | [1979] 2 SCR 1016 | December 13, 1979 | language rights |
Case name | Citation | Date | Subject |
---|---|---|---|
Solosky v R | [1980] 1 SCR 821 | December 21, 1979 | solicitor-client privilege |
Labatt Breweries of Canada Ltd v Canada (AG) | [1980] 1 SCR 914 | federal legislative power | |
Pappajohn v R | [1980] 2 SCR 120 | May 20, 1980 | rape defence |
Pettkus v Becker | [1980] 2 SCR 834 | December 18, 1980 | unjust enrichment |
Reibl v Hughes | [1980] 2 SCR 880 | October 7, 1980 | duty to disclose |
R v Ron Engineering and Construction (Eastern) Ltd | [1981] 1 SCR 111 | January 27, 1981 | offer and acceptance |
Re Residential Tenancies Act, 1979 | [1981] 1 SCR 714 | May 28, 1981 | jurisdiction of courts |
Seneca College v Bhadauria | [1981] 2 S.C.R. 181 | June 22, 1981 | Human rights, tort, discrimination |
Patriation Reference | [1981] 1 SCR 753 | September 28, 1981 | patriation of the Constitution of Canada |
Canada (Minister of Justice) v Borowski | [1981] 2 SCR 575 | December 1, 1981 | public interest standing |
Ontario (Human Rights Commission) v Etobicoke (Borough of) | [1982] 1 SCR 202 | February 9, 1982 | age discrimination |
April 17, 1982 - The Constitution Act, 1982, which includes the Charter of Rights and Freedoms, enters into effect | |||
Vetrovec v R | [1982] 1 SCR 811 | May 31, 1982 | evidence |
Descôteaux v Mierzwinski | [1982] 1 SCR 860 | June 23, 1982 | privilege |
Multiple Access Ltd v McCutcheon | [1982] 2 SCR 161 | August 9, 1982 | overlapping federal and provincial laws |
Shell Oil Co v Canada (Commissioner of Patents) | [1982] 2 SCR 536 | November 2, 1982 | patents |
Quebec Veto Reference | [1982] 2 SCR 793 | December 6, 1982 | Quebec veto |
Graat v R | [1982] 2 SCR 819 | December 21, 1982 | opinion evidence |
Westendorp v R | [1983] 1 SCR 43 | January 25, 1983 | division of powers |
Canada (Labour Relations Board) v Paul L'Anglais Inc | [1983] 1 SCR 147 | February 8, 1983 | jurisdiction of courts |
R v Saskatchewan Wheat Pool | [1983] 1 SCR 205 | February 8, 1983 | tort of breach of statutory duty |
R v Perka | [1984] 2 SCR 232 | October 11, 1984 | defence of necessity |
Re Upper Churchill Water Rights Reversion Act | [1984] 1 SCR 297 | May 3, 1984 | provincial legislative power |
March 26, 1984 –death of Chief Justice Bora Laskin |
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 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 makes the chief justice, a Crown in Council appointment, meaning the Crown acting on the advice of the prime minister and minister of justice. The chief justice serves until they resign, turn 75 years old, die, or are removed from office for cause. By tradition, a new chief justice is chosen from among the court's incumbent puisne justices.
Bora Laskin was a Canadian jurist who served as the 14th chief justice of Canada from 1973 to 1984. Laskin was appointed a puisne justice of the Supreme Court in 1970, and served on the Ontario Court of Appeal from 1965 to 1970. Before he was named to the bench, Laskin worked as a lawyer and in academia.
Sir Lyman Poore Duff, was the eighth Chief Justice of the Supreme Court of Canada. He was the longest serving justice of the Supreme Court of Canada.
The Court of Appeal for Ontario is the appellate court for the province of Ontario, Canada. The seat of the court is Osgoode Hall in downtown Toronto, also the seat of the Law Society of Ontario and the Divisional Court of the Ontario Superior Court of Justice.
Ronald Martland, was a Canadian lawyer and Puisne Justice of the Supreme Court of Canada. He was the second Albertan appointed to the Supreme Court of Canada, taking the place of Justice Nolan, who died after only a short time on the Court.
Wishart Flett Spence, was a puisne justice of the Supreme Court of Canada.
Jean-Marie Philémon Joseph Beetz,, c.r. was a Canadian lawyer, academic and judge from Quebec. He served as a puisne justice of the Supreme Court of Canada from 1974 to 1988.
Murdoch v Murdoch, also known as the Murdoch Case, was a controversial family law decision by the Supreme Court of Canada where the Court denied an abused ranch wife any interest in the family ranch. This case is most notable for the public outcry it created at the time and for what many believe is Justice Laskin's most famous dissenting opinion.
Canada (AG) v Lavell, [1974] S.C.R. 1349, was a landmark 5–4 Supreme Court of Canada decision holding that Section 12(1)(b) of the Indian Act did not violate the respondents' right to "equality before the law" under Section 1 (b) of the Canadian Bill of Rights. The two respondents, Lavell and Bédard, had alleged that the impugned section was discriminatory under the Canadian Bill of Rights by virtue of the fact that it deprived Indian women of their status for marrying a non-Indian, but not Indian men.
Labatt Breweries of Canada Ltd v Canada (AG), 1979 CanLII 190, [1980] 1 SCR 914 is a leading constitutional decision of the Supreme Court of Canada on the division of powers under the Constitution Act, 1867. The Court held that the part of the federal Food and Drugs Act which prohibited the selling of "light" beer without labelling it to indicate its composition and purity was outside of the authority of the federal government to legislate.
The Supreme Court of Canada was founded in 1875 and has served as the final court of appeal in Canada since 1949. Its history may be divided into three general eras. From its inception in 1875 until 1949, the Court served as an intermediate appellate court subject to appeal to the Judicial Committee of the Privy Council in Britain. Following 1949, the Court gained importance and legitimacy as the court of last resort in Canada, establishing a greater role for the Canadian judiciary. In 1982, the introduction of the Canadian Charter of Rights and Freedoms significantly changed the role of the Court in Canadian society, by providing the Court with greater powers of oversight over Parliament and through formal recognition of civil rights including aboriginal rights and equality rights.
Quebec (AG) v Kellogg's Co of Canada is a leading constitutional decision of the Supreme Court of Canada on the pre-Charter right to freedom of expression. The Quebec Consumer Protection Act, which prohibited advertising to children through cartoons, was challenged by the Kellogg Company on the basis that it affected TV stations across the country. The Court held that the regulation of advertising is a matter within the authority of the province, and that the Act was valid law under the Property and Civil Rights power allocated to the province under section 92(13) of the Constitution Act, 1867.
Capital Cities Communications v. CRTC (1977), [1978] 2 S.C.R. 141 is a Supreme Court of Canada decision on the legislative jurisdiction of cable television. Chief Justice Laskin, writing for the majority of the Court, held that all television, even where exclusively produced and distributed within the province, fell within the definition of a federal undertaking under section 92(10)(a) of the Constitution Act, 1867.
MacDonald v Vapor Canada Ltd, [1977] 2 S.C.R. 134 is a leading constitutional decision of the Supreme Court of Canada on the Trade and Commerce power under section 91(2) of the Constitution Act, 1867.
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.
Interprovincial Cooperatives Ltd v R (1975), [1976] 1 SCR 477 is a leading decision of the Supreme Court of Canada on the constitutional limits of provincial powers.
John B. Laskin is a justice of the Federal Court of Appeal of Canada.