Whether federal pension legislation, by reducing the supplementary death benefit by 10% for each year by which a plan member exceeds prescribed ages, discriminates against surviving spouses in violation of s. 15(1) of the Charter
–
Unanimous
Ontario (AG) v Fraser 2011 SCC 20
Whether separate labour relations legislation governing agricultural workers in Ontario infringes freedom of association under s. 2(d) of the Charter by failing to establish a meaningful process of collective bargaining
LeBel J
Binnie, Fish and Cromwell JJ
Alberta v Elder Advocates of Alberta Society 2011 SCC 24
Whether disputed claims in plaintiff's statement of claim adequately disclose cause of action — Whether principles of fiduciary duty applicable to private actors also apply to governments
Whether in offence of sexual assault, Criminal Code defines "consent" as requiring conscious, operating mind throughout sexual activity, or whether consent to sexual activity may be given prior to period of unconsciousness
–
Deschamps, Abella, Charron, Rothstein and Cromwell JJ
R v EMW 2011 SCC 31
Jurisdiction of a court of appeal to consider whether there was a miscarriage of justice — Whether there was a miscarriage of justice
–
Binnie, Deschamps, Abella, Charron and Cromwell JJ
Whether a bank is liable to make payments to a tax debtor when receiving cheques payable to a tax debtor for deposit in an account held jointly by the tax debtor and a third party
–
Fish and Abella JJ
Alberta (Aboriginal Affairs and Northern Development) v Cunningham 2011 SCC 37
Whether the Alberta Metis Settlements Act, in providing that voluntary registration under the Indian Act precludes membership in a Métis settlement, violates the right to freedom of association and/or the right to liberty under ss. 2(d) and 7 of the Charter, respectively — Whether same is an ameliorative program under s. 15(2) of the Charter
–
Unanimous
R v Imperial Tobacco Canada Ltd 2011 SCC 42
Tobacco manufacturers being sued by British Columbia government and consumers and issuing third-party notices to federal government claiming contribution and indemnity — Motion to strike and whether it is plain and obvious that third-party claims disclose no reasonable cause of action — Whether federal government is liable as a "manufacturer" under the Tobacco Damages and Health Care Costs Recovery Act or a "supplier" under the Business Practices and Consumer Protection Act — Tort of negligent misrepresentation
Whether Minister of Health's decision to revoke an exemption to the Controlled Drugs and Substances Act prohibiting possession and trafficking of illegal drugs in context of a safe injection site violated claimants' rights to life, liberty and security of the person under s. 7 of the Charter — Whether division of powers exempts the safe injection site as a health facility form the application of the Act as an exercise of federal jurisdiction over criminal law
–
Unanimous
Crookes v Newton 2011 SCC 47
Tort of libel and slander — Whether a hyperlink to an allegedly defamatory article in itself constitutes a publication
Fish J
–
R v Katigbak 2011 SCC 48
Possession of child pornography and statutory defences
Charron J
Binnie, Deschamps, Abella, Rothstein and Cromwell JJ
R v Dorfer 2011 SCC 50
Whether trial judge erred in his instruction to the jury about the limited use of third party suspect's criminal record and if so, whether this error constituted a miscarriage of justice
–
Rothstein and Cromwell JJ
R v Banwait 2011 SCC 55
Whether the trial judge properly instructed the jury on the relationship between planning and deliberation and murder
–
Unanimous (oral)
Public Service Alliance of Canada v Canada Post Corp 2011 SCC 57
Whether the Canadian Human Rights Tribunal committed a reviewable error in finding that a largely female group of employees were being paid less for work of equal value
–
Unanimous (oral)
2012
Statistics
11
Majority or Plurality
0
Concurrence
0
Other
3
Dissent
0
Concurrence/dissent
Total =
14
Written opinions = 11
Oral opinions = 3
Unanimous decisions = 8
Case name
Issue
Co-authored by
Joined by
Catalyst Paper Corp v North Cowichan (District of) 2012 SCC 2
Standard of review applicable to municipal taxation bylaw
–
Unanimous
R v DAI 2012 SCC 5
Whether adult witnesses with mental disabilities must demonstrate understanding of nature of obligation to tell truth in order to be deemed competent to testify
–
Deschamps, Abella, Charron, Rothstein and Cromwell JJ
R v Eastgaard 2012 SCC 11
Offence of possession of prohibited or restricted firearm with ammunition and the reasonableness of trial judge's inference from circumstantial evidence mens rea was satisfied
–
Unanimous (oral)
R v Kociuk 2012 SCC 15
Appropriateness of trial judge's charge to jury
–
Unanimous (oral)
Clements v Clements 2012 SCC 32
Tort of negligence and appropriate test for factual causation
–
Deschamps, Fish, Abella, Cromwell, Moldaver and Karakatsanis JJ
R v Mabior 2012 SCC 47
Offence of aggravated assault and whether non-disclosure of HIV status in circumstances where no realistic possibility of transmission exists can constitute fraud vitiating consent to sexual relations
–
Unanimous
R v DC 2012 SCC 48
Offence of sexual assault and aggravated assault and non-disclosure of HIV statute; Whether trial judge could rely on doctor's note as confirmatory evidence of complainant's testimony that no condom had been used
Contracts – Whether plaintiff seeking specific performance has obligation to mitigate losses
–
–
Opitz v Wrzesnewskyj 2012 SCC 55
Application to have federal election result annulled on the basis of "irregularities... that affected the result of the election" under s. 531(2) of the Canada Elections Act
Bankruptcy and insolvency and whether the federal Companies' Creditors Arrangement Act is ultra vires by permitting courts to determine whether an environmental order is a monetary claim
–
–
Sriskandarajah v United States of America 2012 SCC 70
Whether extradition violates the right to remain in Canada even when foreign state's claim of jurisdiction is weak or when prosecution in Canada is feasible
–
Unanimous
R v Khawaja 2012 SCC 69
Whether provisions under the terrorism offences under Part II.1 of the Criminal Code violate the right to free expression under s. 2(b) of the Charter; Whether offence of terrorism provision is broader than necessary to achieve its purpose or whether its impact is disproportionate, contrary to the principles of fundamental justice under s. 7 of the Charter; Sentencing and the totality principle
–
Unanimous
R v NS 2012 SCC 72
Whether requiring witness to remove niqab while testifying would interfere with her religious freedom under s. 2(a) of the Charter; Whether permitting witness to wear niqab while testifying would create a serious risk to trial fairness under s. 11(d) of the Charter
–
Deschamps, Fish and Cromwell JJ
2013
Statistics
11
Majority or Plurality
1
Concurrence
0
Other
1
Dissent
0
Concurrence/dissent
Total =
13
Written opinions = 10
Oral opinions = 3
Unanimous decisions = 7
Case name
Issue
Co-authored by
Joined by
Quebec (AG) v A 2013 SCC 5
Discrimination based on marital status under s. 15(1) of the Charter
–
–
R v Blacklaws 2013 SCC 8
Criminal law procedure and applications to sever counts
–
Unanimous (oral)
Manitoba Metis Federation Inc v Canada (AG) 2013 SCC 14
Aboriginal law and the honour of the Crown
Karakatsanis J
LeBel, Fish, Abella and Cromwell JJ
R v MacIntosh 2013 SCC 23
Right to be tried within a reasonable time under s. 11(b) of the Charter
–
Unanimous (oral)
R v GM 2013 SCC 24
Fresh evidence of ineffective assistance from counsel at trial
–
Unanimous (oral)
Cojocaru v British Columbia Women's Hospital and Health Centre 2013 SCC 30
Tort of negligence, consent to healthcare and failure to inform
Legal ethics – the duty of loyalty and avoiding conflicts of interest
–
Unanimous
Régie des rentes du Québec v Canada Bread Company Ltd 2013 SCC 46
Judicial review of Régie des rentes du Québec's decision under the Supplemental Pensions Plan Act partially terminating the pension plans of two divisions closed by the employer
–
Fish J
Cuthbertson v Rasouli 2013 SCC 53
Health law – Consent to withdrawal of treatment; whether withdrawal constitutes "treatment" under Ontario Health Care Consent Act
–
LeBel, Fish, Rothstein and Cromwell JJ
R v Pappas 2013 SCC 56
Defence of provocation
–
Abella, Rothstein, Cromwell, Moldaver and Wagner JJ
Constitutionality of prohibitions on bawdy-houses, living on avails of prostitution and communicating in public for purposes of prostitution under the Criminal Code under s. 7 of the Charter
Grassy Narrows First Nation v Ontario (Natural Resources) 2014 SCC 48
Aboriginal treaty rights
–
Unanimous
Trial Lawyers Association of British Columbia v British Columbia (AG) 2014 SCC 59
Access to justice and the constitutionality of hearing fees under ss. 92(14) and 96 of the Constitution Act, 1867
–
LeBel, Abella, Moldaver and Karakatsanis JJ
Imperial Oil v Jacques 2014 SCC 66
Whether a party to a civil proceeding can request disclosure of recordings of private communications intercepted by the state in the course of a criminal investigation
–
–
Febles v Canada (Citizenship and Immigration) 2014 SCC 68
Convention refugees and exclusion based on commission of serious crime prior to admission to country of refuge
–
LeBel, Rothstein, Moldaver and Wagner JJ
R v Dunn 2014 SCC 69
Definition of "firearm" and "weapon" under the Criminal Code
–
Unanimous (oral)
Wakeling v United States of America 2014 SCC 72
Unreasonable search and seizure under s. 8 of the Charter and the disclosure of intercepted private communications without consent
–
–
R v Day 2014 SCC 74
Arbitrary detention and unreasonable search and seizure under the Charter
–
Unanimous (oral)
2015
Statistics
11
Majority or Plurality
1
Concurrence
0
Other
0
Dissent
3
Concurrence/dissent
Total =
15
Written opinions = 9
Oral opinions = 6
Unanimous decisions = 7
Case name
Issue
Co-authored by
Joined by
Mounted Police Association of Ontario v Ontario (AG) 2015 SCC 1
Right to collective bargaining under s. 2(d) of the Charter; Whether impugned legislation excluding RCMP members from public services labour relations regime substantially interferes with the right to a meaningful process of collective bargaining
LeBel J
Abella, Cromwell, Karakatsanis and Wagner JJ
Meredith v Canada (AG) 2015 SCC 2
Whether the statutory limit on wages increases in the public sector under the Expenditure Restraint Act infringes claimants' rights to a meaningful process of collective bargaining under s. 2(d) of the Charter
LeBel J
Cromwell, Karakatsanis and Wagner JJ
Canada (AG) v Federation of Law Societies of Canada 2015 SCC 7
Whether Proceeds of Crime (Money Laundering) and Terrorist Financing Act, as it applies to the legal profession, infringes the right to be free from unreasonable search and seizure and the right not to be deprived of liberty otherwise in accordance with principles of fundamental justice under ss. 8 and 7 of the Charter, respectively
Moldaver J
–
R v Perrone 2015 SCC 8
Whether the trial judge appropriately considered the credibility and reliability of a witness' testimony
–
Unanimous (oral)
Loyola High School v Quebec (AG) 2015 SCC 12
Proper approach to judicial review of discretionary administrative decisions engaging Charter protections; Whether decision of Minister of Education, Recreation and Sports requiring a proposed alternative program being entirely secular in approach is reasonable given the statutory objectives of the program and s. 2(a) of the Charter, and whether the decision limits freedom of religion under s. 3 of the Quebec Charter of Human Rights and Freedoms
Moldaver J
Rothstein J
R v Sanghera 2015 SCC 13
Right to be tried within a reasonable time under s. 11(b) of the Charter in light of a five-month delay caused by direct indictment
Constitutionality of mandatory minimum sentences on grounds of cruel and unusual punishment under s. 12 of the Charter
–
LeBel, Abella, Cromwell, Karakatsanis and Gascon JJ
Sanofi-Aventis v Apotex Inc 2015 SCC 20
Intellectual property and patents
–
Unanimous (oral)
Henry v British Columbia (AG) 2015 SCC 24
Wrongful conviction of claimant; Civil action alleging breach of Charter rights resulting from Crown counsel's wrongful non-disclose of relevant information; Whether s. 24(1) authorizes courts to award damages against Crown for wrongful non-disclosure, and the level of fault claimant must establish to meet liability threshold for awarding s. 24(1) damages
Karakatsanis J
–
Bowden Institution v Khadr 2015 SCC 26
Application for habeas corpus for placement in provincial correctional facility under International Transfer of Offenders Act
–
Unanimous (oral)
Goodwin v British Columbia (Superintendent of Motor Vehicles) 2015 SCC 46
Whether an automatic roadside prohibition scheme enacted under s. 92(13) of the Constitution Act, 1867 is ultra vires provincial authority as being exclusively within federal government's criminal law power under s. 91(27) of the Constitution Act, 1867; Whether same automatic roadside prohibition regime creates an offence within the meaning of s. 11 of the Charter and infringes the presumption of innocence under s. 11(d) of same; Whether same automatic roadside prohibition scheme infringes the right to be secure against unreasonable search and seizure under s. 8 of the Charter
–
–
R v Neville 2015 SCC 49
Whether trial judge's failure to clarify intent question raised by jury resulted in an error of law
–
Unanimous (oral)
R v Singh Riar 2015 SCC 50
Whether trial judge errors in mischaracterizing the accused's defence and in assessing the accused's evidence and credibility deprived the accused of a fair trial and caused a miscarriage of justice
–
Unanimous (oral)
R v Appulonappa 2015 SCC 59
Whether the offence of organizing, inducing aiding or abetting persons coming into Canada without valid documentation is overbroad under s. 7 of the Charter
–
Unanimous
B010 v Canada (Citizenship and Immigration) 2015 SCC 58
Requisite grounds to render a person inadmissible to apply for refugee status for having engaged in people smuggling; What limits may be inferred from provision under the Immigration and Refugee Protection Act rendering persons inadmissible on grounds of organized criminality
–
Unanimous
2016
2016 statistics
8
Majority or Plurality
3
Concurrence
0
Other
0
Dissent
1
Concurrence/dissent
Total =
12
Written opinions = 7
Oral opinions = 5
Unanimous decisions = 6
Case name
Issue
Co-authored by
Joined by
Carter v Canada (AG) 2016 SCC 4
Motion seeking an order extending the suspension of the declaration of constitutional invalidity issued in Carter v Canada (AG), 2015 SCC 5
Cromwell, Moldaver and Brown JJ
–
R v Meer 2016 SCC 5
Accused challenging competence of trial lawyer
–
Unanimous (oral)
R v Knapczyk 2016 SCC 10
Aiding and abetting offence of trafficking through distribution
–
Unanimous (oral)
R v Safarzadeh-Markhali 2016 SCC 14
Whether denial of enhanced credit for pre-sentence custody to offenders who are denied bail primarily because of prior conviction is overboard in violation of s. 7 of the Charter
–
Unanimous
R v Lloyd 2016 SCC 13
Cruel and unusual treatment or punishment in violation of s. 12 of the Charter
–
Abella, Cromwell, Moldaver, Karakatsanis and Côté JJ
R v Shaoulle 2016 SCC 16
Whether verdict of trial judge was reasonable
–
Unanimous (oral)
R v Williamson 2016 SCC 28
Right to be tried within a reasonable time under s. 11 of the Charter
–
–
Wilson v Atomic Energy of Canada Ltd 2016 SCC 29
Unjust dismissal of non-unionized employees under the Canada Labour Code
Karakatsanis, Wagner and Gascon JJ
–
R v Cawthorne 2016 SCC 32
Whether provisions of the National Defence Act infringe ss. 7 and 11(d) of the Charter
–
Unanimous
Urban Communications Inc v BCNET Networking Society 2016 SCC 45
Judicial review of commercial arbitration decisions
–
Unanimous (oral)
British Columbia Teachers' Federation v British Columbia 2016 SCC 49
Freedom of association under s. 2(d) of the Charter and the right to collective bargaining
–
Abella, Moldaver, Karakatsanis, Wagner, Gascon and Rowe JJ (oral)
Hill v Church of Scientology of Toronto February 20, 1995- July 20, 1995. 2 S.C.R. 1130 was a libel case against the Church of Scientology, in which the Supreme Court of Canada interpreted Ontario's libel law in relation to the Canadian Charter of Rights and Freedoms.
William Ian Corneil Binnie CC QC is a former puisne justice of the Supreme Court of Canada, serving from January 8, 1998 to October 27, 2011. Of the justices appointed to the Supreme Court in recent years, he is one of the few appointed directly from private practice. On his retirement from the Court he was described by the Globe and Mail as " arguably the country's premier judge" [Globe and Mail September 23, 2011] and by La Presseas "peut-etre le juge le plus influent au Canada dans la derniere decennie" [La Presse December 19, 2011 p A7] and by the Toronto Star as “one of the strongest hands on the court.”
Kirkbi AG v. Ritvik Holdings Inc., popularly known as the Lego Case, is a decision of the Supreme Court of Canada. The Court upheld the constitutionality of section 7(b) of the Trade-marks Act which prohibits the use of confusing marks, as well, on a second issue it was held that the doctrine of functionality applied to unregistered trade-marks.
In Canadian constitutional law, the doctrine of paramountcy establishes that where there is a conflict between valid provincial and federal laws, the federal law will prevail and the provincial law will be inoperative to the extent that it conflicts with the federal law. Unlike interjurisdictional immunity, which is concerned with the scope of the federal power, paramountcy deals with the way in which that power is exercised.
This is a list of all the opinions written by John C. Major during his tenure as puisne justice of the Supreme Court of Canada.
This is a list of all the opinions written by Claire L'Heureux-Dubé during her tenure as puisne justice of the Supreme Court of Canada.
This is a list of all the reasons written by Michel Bastarache during his tenure as puisne justice of the Supreme Court of Canada.
This is a list of all the reasons written by Marshall Rothstein during his tenure as puisne justice of the Supreme Court of Canada.
This is a list of all the opinions written by Charles Gonthier during his tenure as puisne justice of the Supreme Court of Canada.
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.
This is a list of opinions written by Antonio Lamer during his tenure as on the Supreme Court of Canada between March 28, 1980 and January 6, 2000.
This is a list of opinions written by Peter Cory, during his time as a Puisne Justice of the Supreme Court of Canada between 1 February 1989 and 1 June 1999.
List of reasons written by Justice Bertha Wilson during her time as puisne justice of the Supreme Court of Canada.
List of reasons written by Justice John Sopinka during his time as Puisne Justice of the Supreme Court of Canada.
This is a list of all the reasons written by Thomas Cromwell during his tenure as puisne justice of the Supreme Court of Canada.
In Canada, the term quasi-constitutional is used for laws which remain paramount even when subsequent statutes, which contradict them, are enacted by the same legislature. This is the reverse of the normal practice, under which newer laws trump any contradictory provisions in any older statute.
Euro-Excellence Inc v Kraft Canada Inc, 2007 SCC 37, [2007] 3 S.C.R. 20, is a Supreme Court of Canada judgment on Canadian copyright law, specifically on the issue of indirect infringement and its application to parallel importation. Kraft Canada sued Euro-Excellence Inc. for copyright infringement due to their importation of Côte d’Or and Toblerone chocolate bars from Europe into Canada. A majority of the court found that the copyright claim could not succeed, although they split on whether the claim failed due to the rights of an exclusive licensee or due to the scope of copyright law.
Honda Canada Inc v Keays, 2008 SCC 39, [2008] 2 SCR 362 is a leading case of the Supreme Court of Canada that has had significant impact in Canadian employment law, in that:
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