Reasons of the Supreme Court of Canada by Justice Karakatsanis

Last updated

This is a list of the reasons written by Justice Karakatsanis during her tenure as puisne justice of the Supreme Court of Canada.

Contents

By year

2012

Statistics
4
Majority or Plurality
0
Concurrence
0
Other
0
Dissent
0
Concurrence/dissentTotal = 4
Written opinions = 4Oral opinions = 0 Unanimous decisions = 3
Case nameIssueCo-authored byJoined by
R v Tse
2012 SCC 16
Whether s. 184.4 of the Criminal Code infringes the right to be free from unreasonable search and seizure under s. 8 of the Charter Moldaver JUnanimous
R v Maybin
2012 SCC 24
Criminal law – Causation and intervening actsUnanimous
Southcott Estates Inc v Toronto Catholic District School Board
2012 SCC 51
Contracts – Whether plaintiff seeking specific performance has obligation to mitigate losses LeBel, Deschamps, Abella, Rothstein and Cromwell JJ
R v Davey
2012 SCC 75
Whether it was appropriate for the Crown to seek personal opinions of local police officers as to the "suitability" of prospective jurors for use in exercise of peremptory challenges; Whether there should have been disclosure of same to the defence; Whether there is a reasonable possibility that such conduct affected trial fairness or gave rise to an appearance of unfairness, such that a miscarriage of justice occurredUnanimous

2013

Statistics
9
Majority or Plurality
1
Concurrence
0
Other
3
Dissent
0
Concurrence/dissentTotal = 13
Written opinions = 13Oral opinions = 0 Unanimous decisions = 4
Case nameIssueCo-authored byJoined by
R v Sanichar
2013 SCC 4
Whether appellate court erred in setting aside convictions and ordering a new trial McLachlin CJ and Abella, Rothstein, Moldaver and Wagner JJ
Manitoba Metis Federation Inc v Canada (AG)
2013 SCC 14
Aboriginal law and the honour of the Crown McLachlin CJ LeBel, Fish, Abella and Cromwell JJ
Penner v Niagara (Regional Police Services Board)
2013 SCC 19
Issue estoppel: administrative tribunal proceedings and civil proceedings Cromwell J McLachlin CJ and Fish J
R v Vuradin
2013 SCC 38
Whether trial judge's reasons for judgment were sufficient and whether trial judge properly applied the burden of proof in a criminal caseUnanimous
R v Youvarajah
2013 SCC 41
Admissibility of hearsay evidence: prior inconsistent statementsMcLachlin CJ and Fish, Abella and Cromwell JJ
Conseil scolaire francophone de la Colombie-Britannique v British Columbia
2013 SCC 42
Civil procedure – Admissibility of affidavits in languages other than English under 1731 English Act received into British Columbia law providing English as language of court "proceedings" LeBel and Abella JJ
Ontario v Criminal Lawyers' Association of Ontario
2013 SCC 43
Jurisdiction of courts – Whether superior and statutory courts have inherent jurisdiction to determine the rate of remuneration of amici curiae McLachlin CJ and Rothstein, Moldaver and Wagner JJ
Marine Services International Ltd v Ryan Estate
2013 SCC 44
Division of powers – Whether negligence action brought by dependents under federal maritime legislation is prohibited by provincial workers' compensation legislation LeBel JUnanimous
R v Chehil
2013 SCC 49
Unreasonable search and seizure under s. 8 of the Charter and whether police had reasonable grounds to suspect the accused was involved in a drug-related offenceUnanimous
Cuthbertson v Rasouli
2013 SCC 53
Health law – Consent to withdrawal of treatment; whether withdrawal constitutes "treatment" under Ontario Health Care Consent Act Abella J
Sun-Rype Products Ltd v Archer Daniels Midland Co
2013 SCC 58
Civil procedure – Certification of class actions Cromwell J
McLean v British Columbia (Securities Commission)
2013 SCC 67
Judicial review and standard of review of securities commission decision
R v McRae
2013 SCC 68
Offence of uttering threats Cromwell JUnanimous

2014

2014 statistics
9
Majority or Plurality
2
Concurrence
0
Other
2
Dissent
0
Concurrence/dissentTotal = 13
Written opinions = 11Oral opinions = 2 Unanimous decisions = 8
Case nameIssueCo-authored byJoined by
Hryniak v Mauldin
2014 SCC 7
Summary judgmentsUnanimous
Bruno Appliance and Furniture, Inc v Hryniak
2014 SCC 8
Summary judgmentsUnanimous
Reference Re Supreme Court Act, ss 5 and 6
2014 SCC 21
Eligibility requirements to the Supreme Court of Canada McLachlin CJ and LeBel, Abella, Cromwell and Wagner JJ
Martin v Alberta (Workers' Compensation Board)
2014 SCC 25
Judicial review of workers' compensation decisionUnanimous
R v Summers
2014 SCC 26
Sentencing and credit for pre-sentence detention under the Criminal CodeUnanimous
R v Carvery
2014 SCC 27
Sentencing and credit for pre-sentence detention under the Criminal CodeUnanimous
R v Quesnelle
2014 SCC 46
Whether police occurrence reports prepared in the investigation of unrelated incidents involving a complainant or witness are "records" within the meaning of s. 278.1 of the Criminal CodeUnanimous
R v Hart
2014 SCC 52
Admissibility of "Mr. Big" confessions
R v Conception
2014 SCC 60
Mental disorders and dispositions by a court or review board McLachlin CJ and Moldaver and Wagner JJ
British Columbia Teachers' Federation v British Columbia School Employers' Association
2014 SCC 70
Judicial review of labour arbitration 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 Abella and Cromwell JJ
R v Wilcox
2014 SCC 75
Offence of aggravated sexual assault and credibility of complainantUnanimous (oral)
R v Fearon
2014 SCC 77
Unreasonable search and seizure and search incident to arrest under s. 8 of the Charter LeBel and Abella JJ

2015

Statistics
7
Majority or Plurality
1
Concurrence
0
Other
2
Dissent
1
Concurrence/dissentTotal11
Written opinions = XXXOral opinions = XXX Unanimous decisions = 3
Case nameIssueCo-authored byJoined by
Tervita Corp v Canada (Commissioner of Competition
2015 SCC 3
Legal test for when a merger gives rise to a substantial prevention of competition under the Competition Act; Defence of statutory efficiencies
R v Grant
2015 SCC 9
Appropriate framework for determining the admissibility of defence-led evidence concerning an unknown third-party suspectUnanimous
Quebec (AG) v Canada (AG)
2015 SCC 14
Whether federal legislation abolishing the long-gun registry also containing provision requiring the destruction of long-gun registration data is ultra vires the criminal law power of Parliament under s. 91(27) of the Constitution Act, 1867 Cromwell J McLachlin CJ and Rothstein and Moldaver JJ
Association des parents de l'école Rose-des-vents v British Columbia (Education)
2015 SCC 21
Minority language education rights and the manner in which courts should assess whether children of rights holders are provided with an educational experience equivalent to that provided in schools of the linguistic majority of the province or territory; Whether a finding of a lack of equivalence amounts to a breach of s. 23 of the CharterUnanimous
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 McLachlin CJ
R v Kokopenace
2015 SCC 28
Appropriate legal test for representativeness on jury roll; Jury representativeness under ss. 11(d) and (f) and 15 of the Charter
R v Barabash
2015 SCC 29
Offence of child pornography and whether the "private use" exception under s 163.1 of the Criminal Code requires a separate and additional inquiry into the minors' exploitation, or whether an exploitation inquiry is included under the lawfulness inquiryUnanimous
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 Cromwell, Moldaver, Wagner, Gascon and Côté JJ
Caron v Alberta
2015 SCC 56
Whether provincial Languages Act is ultra vires or inoperative insofar that by requiring provincial laws and regulates to be enacted, printed and published in English only, it abrogates the constitutional duty owed by Alberta to enact, print and publish its laws and regulations in both English and French in Rupert's Land and North-Western Territory Order (1870) Cromwell J McLachlin CJ and Rothstein, Moldaver and Gascon JJ
Canadian Broadcasting Corp v SODRAC 2003 Inc
2015 SCC 57
Intellectual property and copyright
Canadian Imperial Bank of Commerce v Green
2015 SCC 60
Limitation period of class actions Moldaver and Gascon JJ
  • Tervita Corp v Canada (Commissioner of Competition), 2015 SCC 3 (dissent)
  • R v Grant, 2015 SCC 9 (unanimous)
  • Quebec (AG) v Canada (AG) , 2015 SCC 14 (majority)
  • Association des parents de l'école Rose-des-vents v British Columbia, 2015 SCC 21 (unanimous)
  • Henry v British Columbia (AG), 2015 SCC 24 (concurrence)
  • R v Kokopenace, 2015 SCC 28 (concurrence)
  • R v Barabash, 2015 SCC 29 (unanimous)
  • Goodwin v British Columbia (Superintendent of Motor Vehicles), 2015 SCC 46 (majority)
  • Caron v Alberta, 2015 SCC 56 (majority)
  • Canadian Broadcasting Corp v SODRAC 2003 Inc, 2015 SCC 57 (dissent)
  • Canadian Imperial Bank of Commerce v Green, 2015 SCC 60 (majority in CIBC and IMAX; dissent in part in Celestica)

2016

2016 statistics
8
Majority or Plurality
1
Concurrence
0
Other
0
Dissent
1
Concurrence/dissentTotal = 10
Written opinions = 10Oral opinions = 0 Unanimous decisions = 1
Case nameIssueCo-authored byJoined 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 Abella, Wagner, Gascon and Côté JJ
R v Saeed
2016 SCC 24
Unreasonable search and seizure under s. 8 of the Charter
R v Williamson
2016 SCC 28
Right to be tried within a reasonable time under s. 11 of the Charter Moldaver and Brown JJ Abella and Côté JJ
R v Jordan
2016 SCC 27
Right to be tried within a reasonable time under s. 11 of the Charter Moldaver and Brown JJ Abella and Côté JJ
Wilson v Atomic Energy of Canada Ltd
2016 SCC 29
Unjust dismissal of non-unionized employees under the Canada Labour Code McLachlin CJ and Wagner and Gascon JJ
R v KRJ
2016 SCC 31
Sentencing and s. 11 of the Charter McLachlin CJ and Cromwell, Moldaver, Wagner, Gascon and Côté JJ
Conférence des juges de paix magistrats du Québec v Quebec (AG)
2016 SCC 39
Provincial legislation amending status of justices of the peace; judicial independence Wagner and Côté JJUnanimous
R v Diamond
2016 SCC 46
[DESCRIPTION] Wagner and Brown JJ
Edmonton (City of) v Edmonton East (Capilano) Shopping Centres Ltd
2016 SCC 47
Municipal property assessment for taxation purposes Abella, Cromwell, Wagner and Gascon JJ
Windsor (City of) v Canadian Transit Co
2016 SCC 54
Jurisdiction of courts McLachlin CJ and Cromwell, Wagner and Gascon JJ

2017

2017 statistics
9
Majority or Plurality
0
Concurrence
0
Other
1
Dissent
1
Concurrence/dissentTotal = 11
Written opinions = 9Oral opinions = 2 Unanimous decisions = 6
Case nameIssueCo-authored byJoined by
Sabean v Portage La Prairie Mutual Insurance Co
2017 SCC 7
Automobile insuranceUnanimous
R v Olotu
2017 SCC 11
Criminal law – Misapprehension of evidenceUnanimous (oral)
R v Bingley
2017 SCC 12
Expert opinion evidence Gascon J
Pintea v Johns
2017 SCC 23
Contempt of court Unanimous (oral)
Douez v Facebook, Inc
2017 SCC 33
Private intentional law – Jurisdiction Wagner and Gascon JJ
R v Bradshaw
2017 SCC 35
Admissibility of hearsay evidence McLachlin CJ and Abella, Wagner and Brown JJ
Clyde River (Hamlet of) v Petroleum Geo-Services Inc
2017 SCC 40
Aboriginal treaty rights and the Crown's duty to consult Brown JUnanimous
Chippewas of the Thames First Nation v Enbridge Pipelines Inc
2017 SCC 41
Aboriginal treaty rights and the Crown's duty to consult Brown JUnanimous
Association of Justice Counsel v Canada (AG)
2017 SCC 55
Judicial review of a labour arbitrator's interpretation of a collective agreement and management rights clause McLachlin CJ and Abella, Wagner, Gascon, Brown and Rowe JJ
First Nation of Nacho Nyak Dun v Yukon
2017 SCC 58
Aboriginal treaty rights and honour of the CrownUnanimous
R v Boutilier
2017 SCC 64
Constitutional law – Fundamental justice and sentencing

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