Egan v Canada, [1995] 2 SCR 513 was one of a trilogy of equality rights cases published by the Supreme Court of Canada in the second quarter of 1995. It stands today as a landmark Supreme Court case which established that sexual orientation constitutes a prohibited basis of discrimination under section 15 of the Canadian Charter of Rights and Freedoms.
In Canadian law, a reference question or reference case is a submission by the federal or a provincial government to the courts asking for an advisory opinion on a major legal issue. Typically the question concerns the constitutionality of legislation.
Section 2 of the Canadian Charter of Rights and Freedoms ("Charter") is the section of the Constitution of Canada that lists what the Charter calls "fundamental freedoms" theoretically applying to everyone in Canada, regardless of whether they are a Canadian citizen, or an individual or corporation. These freedoms can be held against actions of all levels of government and are enforceable by the courts. The fundamental freedoms are freedom of expression, freedom of religion, freedom of thought, freedom of belief, freedom of peaceful assembly and freedom of association.
Delgamuukw v British Columbia, [1997] 3 SCR 1010, also known as Delgamuukw v The Queen, Delgamuukw-Gisday’wa, or simply Delgamuukw, is a ruling by the Supreme Court of Canada that contains its first comprehensive account of Aboriginal title in Canada. The Gitxsan and Wet’suwet’en peoples claimed Aboriginal title and jurisdiction over 58,000 square kilometers in northwest British Columbia. The plaintiffs lost the case at trial, but the Supreme Court of Canada allowed the appeal in part and ordered a new trial because of deficiencies relating to the pleadings and treatment of evidence. In this decision, the Court went on to describe the "nature and scope" of the protection given to Aboriginal title under section 35 of the Constitution Act, 1982, defined how a claimant can prove Aboriginal title, and clarified how the justification test from R v Sparrow applies when Aboriginal title is infringed. The decision is also important for its treatment of oral testimony as evidence of historic occupation.
Canadian constitutional law is the area of Canadian law relating to the interpretation and application of the Constitution of Canada by the courts. All laws of Canada, both provincial and federal, must conform to the Constitution and any laws inconsistent with the Constitution have no force or effect.
Section 8 of the Canadian Charter of Rights and Freedoms protects against unreasonable search and seizure. This right provides those in Canada with their primary source of constitutionally enforced privacy rights against unreasonable intrusion from the state. Typically, this protects personal information that can be obtained through searching someone in pat-down, entering someone's property or surveillance.
Douglas/Kwantlen Faculty Assn v Douglas College, [1990] 3 S.C.R. 570 is a leading Supreme Court of Canada decision regarding the jurisdiction of an administrative tribunal.
The following is a list of Supreme Court of Canada opinions written by Beverley McLachlin during her tenure on the Court.
This is a list of all the opinions written by Frank Iacobucci 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 opinions written by Charles Gonthier during his tenure as puisne justice of the Supreme Court of Canada.
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.
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.
This article is a list of Justice Michael Moldaver's written judgments during his tenure as puisne justice of the Supreme Court of Canada.
The following is a list of Supreme Court of Canada opinions written by Sheilah Martin during her tenure on the Court.
Ontario v Fraser [2011] 2 SCR 3 is a Canadian labour law case concerning the protection of collective bargaining under section 2(d) of the Canadian Charter of Rights and Freedoms. At issue was an Ontario law that created a separate labour relations regime for agricultural workers. The Court considered the standard for establishing a breach of section 2(d) in cases where government action is alleged to interfere with collective bargaining rights. A majority of the Court upheld the law, finding no breach of sections 2(d) or 15 of the Charter.