List of Supreme Court of Canada cases (McLachlin Court)
Encyclopedia
This is a chronological list of notable cases decided by the Supreme Court of Canada
from the appointment of Beverley McLachlin
as Chief Justice of Canada
.
Supreme Court of Canada
The Supreme Court of Canada is the highest court of Canada and is the final court of appeals in the Canadian justice system. The court grants permission to between 40 and 75 litigants each year to appeal decisions rendered by provincial, territorial and federal appellate courts, and its decisions...
from the appointment of Beverley McLachlin
Beverley McLachlin
Beverley McLachlin, PC is the Chief Justice of Canada, the first woman to hold this position. She also serves as a Deputy of the Governor General of Canada.-Early life:...
as Chief Justice of Canada
Chief Justice of Canada
The Chief Justice of Canada, like the eight puisne Justices of the Supreme Court of Canada, is appointed by the Governor-in-Council . All nine are chosen from either sitting judges or barristers who have at least ten years' standing at the bar of a province or territory...
.
2000 2004
| Case name | | Citation | | Date | | Subject |
|---|---|---|---|
| January 7, 2000 - Appointment of Beverley McLachlin as Chief Justice of Canada | |||
| Arsenault-Cameron v. Prince Edward Island Arsenault-Cameron v. Prince Edward Island Arsenault-Cameron v. Prince Edward Island, [2000] 1 S.C.R. 3, 2000 SCC 1, is a landmark Supreme Court of Canada decision on minority language rights... |
January 13, 2000 | language rights | |
| Reference re Firearms Act Reference re Firearms Act Reference re Firearms Act, [2000] 1 S.C.R. 783, 2000 SCC 31, is a leading constitutional decision of the Supreme Court of Canada on the division of powers regarding firearms legislation and the Canadian Firearms Registry... |
June 15, 2000 | Criminal law power | |
| Lovelace v. Ontario Lovelace v. Ontario Lovelace v. Ontario, [2000] 1 S.C.R. 950, 2000 SCC 37, was the leading decision by the Supreme Court of Canada on section 15 of the Charter, which shields affirmative action programs from the equality requirement of section 15. The Court decided that distribution of casino profits to a select group... |
July 20, 2000 | Aboriginal gaming | |
| R. v. Oickle R. v. Oickle R. v. Oickle, 2000 SCC 38, [2000] 2 S.C.R. 3, is a leading case decided by the Supreme Court of Canada on the common law rule for confessions. Though the Charter remains in force for confessions made while in custody, the common law rule still applies in all circumstances... |
September 29, 2000 | common law rule of confessions | |
| R. v. Darrach R. v. Darrach R. v. Darrach, [2000] 2 S.C.R. 443, 2000 SCC 46, is a leading case decided by the Supreme Court of Canada on the constitutionality of the Criminal Code of Canada's rape shield law. The Court upheld the law.-Background:... |
October 12, 2000 | rape shield law Rape shield law A rape shield law is a law that limits a defendant's ability to cross-examine rape complainants about their past sexual behaviour. The term also refers to a law that prohibits the publication of the identity of an alleged rape victim.-In Canada:... |
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| R. v. Morrisey R. v. Morrisey R. v. Morrisey, [2000] 2 S.C.R. 90 is a leading Supreme Court of Canada decision on the right to be free of cruel and unusual punishment under section 12 of the Canadian Charter of Rights and Freedoms... |
September 29, 2000 | Cruel and unusual punishment | |
| R. v. Starr R. v. Starr R. v. Starr [2000] 2 S.C.R. 144 is a leading Supreme Court of Canada decision that re-evaluated several principles of evidence. In particular, they held that the "principled approach" hearsay evidence under R. v. Khan and R. v. Smith can be equally used to exclude otherwise inclusive hearsay... |
September 29, 2000 | hearsay exception | |
| Blencoe v. British Columbia (Human Rights Commission) Blencoe v. British Columbia (Human Rights Commission) Blencoe v. British Columbia , [2000] 2 S.C.R. 307 is a leading Supreme Court of Canada decision on the scope of section 7 of the Canadian Charter of Rights and Freedoms, and on the administrative law principle of natural justice.... |
October 5, 2000 | Human Rights Commission | |
| Free World Trust v. Électro Santé Inc. Free World Trust v. Électro Santé Inc. Free World Trust v. Électro Santé Inc., [2000] 2 S.C.R. 1024, 2000 SCC 66, is a leading Supreme Court of Canada decision on patents, namely claim construction and the necessity to identify essential elements and non-essential elements. Along with the related decision, Camco v. Whirlpool , 9 C.P.R... |
December 15, 2000 | Patent claim construction | |
| Little Sisters Book and Art Emporium v. Canada (Minister of Justice) Little Sisters Book and Art Emporium v. Canada (Minister of Justice) Little Sisters Book and Art Emporium v. Canada [2000] 2 S.C.R. 1120, 2000 SCC 69 is a leading Supreme Court of Canada decision on freedom of expression and equality rights under the Canadian Charter of Rights and Freedoms... |
December 15, 2000 | obscenity | |
| R. v. Latimer R. v. Latimer R. v. Latimer [2001] 1 S.C.R. 3, was a decision by the Supreme Court of Canada in the controversial case of Robert Latimer, a Saskatchewan farmer convicted of murdering his disabled daughter Tracy Latimer. The case had sparked an intense national debate as to the ethics of what was claimed as a... |
January 18, 2001 | assisted suicide Assisted suicide Assisted suicide is the common term for actions by which an individual helps another person voluntarily bring about his or her own death. "Assistance" may mean providing one with the means to end one's own life, but may extend to other actions. It differs to euthanasia where another person ends... |
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| R. v. Sharpe R. v. Sharpe R. v. Sharpe, [2001] 1 S.C.R. 45, 2001 SCC 2, is a Canadian civil rights decision of the Supreme Court of Canada. The Court upheld the child pornography provisions of the Criminal Code of Canada as a valid limitation of the right to freedom of expression under section 2 of the Canadian Charter of... |
January 26, 2001 | Freedom of expression | |
| United States v. Burns United States v. Burns United States v. Burns [2001] 1 S.C.R. 283, 2001 SCC 7, was a decision by the Supreme Court of Canada in which it was found that extradition of individuals to places where they may face the death penalty is a breach of fundamental justice under section 7 of the Canadian Charter of Rights and Freedoms... |
February 15, 2001 | Extradition, death penalty, section 7, section 12 | |
| R. v. Ruzic R. v. Ruzic R. v. Ruzic, [2001] 1 S.C.R. 687 is a leading decision of the Supreme Court of Canada on the common law defence of duress and constitutionality of the defence under section 17 of the Criminal Code of Canada... |
April 20, 2001 | defence of duress | |
| Trinity Western University v. British Columbia College of Teachers Trinity Western University v. British Columbia College of Teachers Trinity Western University v. British Columbia College of Teachers, [2001] 1 S.C.R. 772, 2001 SCC 31, is a leading Supreme Court of Canada decision on the freedom of religion and the court's ability to review a private school's policies.-Background:... |
May 17, 2001 | religion in schools; judicial review | |
| Mitchell v. M.N.R. Mitchell v. M.N.R. Mitchell v. Minister of National Revenue, [2001] 1 S.C.R. 911 is a leading Supreme Court of Canada decision on aboriginal rights under section 35 of the Constitution Act, 1982... |
May 24, 2001 | aboriginal rights | |
| Therrien (Re) Therrien (Re) Therrien , [2001] 2 S.C.R. 3, 2001 SCC 35, is a leading decision of the Supreme Court of Canada on judicial independence.-Background:In the 1970s Richard Therrien was convicted of assisting four members of the Front de libération du Québec during the October Crisis. Once he was released he studied... |
June 7, 2001 | judicial independence | |
| R. v. Pan; R. v. Sawyer R. v. Pan; R. v. Sawyer R. v. Pan; R. v. Sawyer, [2001] 2 S.C.R. 344 is a leading Supreme Court of Canada decision on the criminal jury trial system. The Court held that rules against admitting evidence indicating the decision-making process of a jury were constitutional.... |
June 29, 2001 | section 7, juries, disclosure | |
| Law Society of British Columbia v. Mangat Law Society of British Columbia v. Mangat Law Society of British Columbia v. Mangat, [2001] 3 S.C.R. 113 is a leading Supreme Court of Canada decision where the Court held that a non-lawyer may be given the power to practice law under a federal statute even if it is contrary to a provincial legal profession legislation.-Background:The... |
October 18, 2001 | paramountcy doctrine; practice of law | |
| R. v. Nette R. v. Nette R. v. Nette, [2001] 3 S.C.R. 488, 2001 SCC 78, is a leading Supreme Court of Canada decision on the standard for causation in criminal offences... |
November 15, 2001 | criminal causation | |
| Cooper v. Hobart Cooper v. Hobart Cooper v. Hobart, [2001] 3 S.C.R. 537, 2001 SCC 79, is a Supreme Court of Canada case that redefined the Anns test adopted in Kamloops v. Nielsen to establish a duty of care in civil tort cases.- Background :... |
November 16, 2001 | duty of care Duty of care In tort law, a duty of care is a legal obligation imposed on an individual requiring that they adhere to a standard of reasonable care while performing any acts that could foreseeably harm others. It is the first element that must be established to proceed with an action in negligence. The claimant... in torts |
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| Dunmore v. Ontario (Attorney General) Dunmore v. Ontario (Attorney General) Dunmore v. Ontario , [2001] 3 S.C.R. 1016, 2001 SCC 94, is a leading Supreme Court of Canada decision on the constitutional right to freedom of association under section 2 of the Canadian Charter of Rights and Freedoms... |
December 20, 2001 | freedom of association | |
| Suresh v. Canada (Minister of Citizenship and Immigration) Suresh v. Canada (Minister of Citizenship and Immigration) Suresh v. Canada , [2002] 1 S.C.R. 3 is a leading decision of the Supreme Court of Canada in the areas of constitutional law and administrative law... |
January 11, 2002 | Constitutional challenge of deportation | |
| Pepsi-Cola Canada Beverages v. RWDSU | January 24, 2002 | freedom of expression; secondary picketing | |
| Ward v. Canada (Attorney General) Ward v. Canada (Attorney General) Ward v. Canada , 2002 SCC 17, [2002] 1 S.C.R. 569, is a leading Supreme Court of Canada decision on federalism. The Court re-articulated the "pith and substance analysis and upheld the regulations prohibiting sale of "blueback" seals for the valid purpose of "curtailing commercial hunting of young... |
February 22, 2002 | division of powers | |
| Théberge v. Galerie d'Art du Petit Champlain Inc. Théberge v. Galerie d'Art du Petit Champlain Inc. Théberge v. Galerie d'Art du Petit Champlain Inc. is one of the Supreme Court of Canada's leading cases on copyright law. This case interprets the meaning of "reproduction" within the Copyright Act of Canada, and touches on the moral rights to copyrighted material and how much control an author... |
March 28, 2002 | copyright | |
| R. v. Handy R. v. Handy R. v. Handy, [2002] 2 S.C.R. 908, 2002 SCC 56, is the leading Supreme Court of Canada decision on similar fact evidence. The Court proposed what is known as the Handy test for determining whether past occurrences that resemble the crime can be admitted as evidence.-Background:The complainant went... |
June 21, 2002 | similar fact evidence Similar fact evidence In the law of evidence, similar fact evidence establishes the conditions under which factual evidence of past misconduct of accused can be admitted at trial for the purpose of inferring that the accused committed the misconduct at issue.In Canada, the rule is established in R. v... rule |
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| R. v. Hall R. v. Hall R. v. Hall, [2002] 3 S.C.R. 309, 2002 SCC 64 is a leading case decided by the Supreme Court of Canada on the right not to be denied bail without just cause under section 11 of the Charter.-Background:... |
October 10, 2002 | bail Bail Traditionally, bail is some form of property deposited or pledged to a court to persuade it to release a suspect from jail, on the understanding that the suspect will return for trial or forfeit the bail... , section 11(e) Section Eleven of the Canadian Charter of Rights and Freedoms Section Eleven of the Canadian Charter of Rights and Freedoms is the section of the Canadian Constitution's Charter of Rights that protects a person's legal rights in criminal and penal matters. This includes both criminal as well as regulatory offences, as it provides rights for those accused by... |
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| Sauvé v. Canada (Chief Electoral Officer) Sauvé v. Canada (Chief Electoral Officer) Sauvé v. Canada , [2002] 3 S.C.R. 519 is a leading Supreme Court of Canada decision where the Court held that prisoners have a right to vote under section 3 of the Canadian Charter of Rights and Freedoms. The Court overturned the prior decision of the Federal Court of Appeal and held that s... |
October 31, 2002 | Right to vote for prisoners | |
| Harvard College v. Canada (Commissioner of Patents) Harvard College v. Canada (Commissioner of Patents) Harvard College v. Canada [2002] 4 S.C.R. 45, 2002 SCC 76 is a leading Supreme Court of Canada case concerning the patentability of higher life forms, in particular, the Harvard oncomouse.- Background :... |
December 5, 2002 | Harvard mouse, patenting higher lifeforms | |
| Apotex Inc. v. Wellcome Foundation Ltd. Apotex Inc. v. Wellcome Foundation Ltd. Apotex Inc. v. Wellcome Foundation Ltd., [2002] 4 S.C.R. 153, is a leading Supreme Court of Canada decision on the utility requirement for a patent in Canada... |
December 5, 2002 | Patents | |
| Nova Scotia (Attorney General) v. Walsh Nova Scotia (Attorney General) v. Walsh Nova Scotia v. Walsh, [2002] 4 S.C.R. 325 is a leading case decided by the Supreme Court of Canada on section 15 of the Canadian Charter of Rights and Freedoms and matrimonial property... |
December 19, 2002 | Marital status and equality rights | |
| Gosselin v. Quebec (Attorney General) Gosselin v. Quebec (Attorney General) Gosselin v. Quebec [2002] 4 S.C.R. 429, 2002 SCC 84, is a leading Supreme Court of Canada case in which the Court rejected a Charter challenge against a Quebec law excluding citizens under 30 from receiving full social security benefits.... |
December 19, 2002 | Constitutional entitlement to social assistance. | |
| Chamberlain v. Surrey School District No. 36 Chamberlain v. Surrey School District No. 36 Chamberlain v. Surrey District School Board No. 36, [2002] 4 S.C.R. 710, 2002 SCC 86, was a case in which the Supreme Court of Canada held that a local school board could not impose its religious values by refusing to permit the use of books that sought to promote tolerance of same-sex... |
December 20, 2002 | religion in schools; school board book selections | |
| Siemens v. Manitoba | January 30, 2003 | criminal law power; constitutionality of VLT ban | |
| Dr. Q v. College of Physicians and Surgeons of British Columbia Dr. Q v. College of Physicians and Surgeons of British Columbia Dr. Q v. College of Physicians and Surgeons of British Columbia, 2003 SCC 19, [2003] 1 S.C.R. 226 is a leading decision of the Supreme Court of Canada in Canadian administrative law.-Background:... |
April 3, 2003 | Judicial review | |
| Miglin v. Miglin Miglin v. Miglin Miglin v. Miglin, [2003] 1 S.C.R. 303, 2003 SCC 24, is the leading case decided by the Supreme Court of Canada on the use separation agreements. The Court established a two-stage test to determine whether a separation agreement can be relied upon.... |
April 17, 2003 | separation agreements | |
| R. v. Buhay R. v. Buhay R. v. Buhay [2003] 1 S.C.R. 631, is a leading Supreme Court of Canada decision on the Charter rights protecting against unreasonable search and seizure and the criteria for the exclusion of evidence under section 24... |
June 5, 2003 | exclusion of evidence, search and seizure. | |
| Starson v. Swayze Starson v. Swayze Starson v. Swayze, 2003 SCC 32, [2003] 1 S.C.R. 722 was an important case at the Supreme Court of Canada that considered the legal requirements for determining if a person is capable of making decisions regarding their medical treatment. On June 6, 2003, the Supreme Court of Canada published its... |
June 6, 2003 | capacity to consent to medical treatment | |
| Trociuk v. British Columbia | June 6, 2003 | section 15 equality rights | |
| Figueroa v. Canada (Attorney General) Figueroa v. Canada (Attorney General) Figueroa v. Canada , [2003] 1 S.C.R. 912 is a leading Supreme Court of Canada decision on the right to participate in a federal election under section 3 of the Canadian Charter of Rights and Freedoms... |
June 27, 2003 | right to run for office | |
| R. v. Asante-Mensah R. v. Asante-Mensah R. v. Asante-Mensah, [2003] 2 S.C.R. 3, 2003 SCC 38, is a leading Supreme Court of Canada decision where the Court affirmed the limits to which private citizens may undertake an arrest, as well as the limits of private individuals in the use of force to protect property... |
July 11, 2003 | citizen's powers of arrest | |
| N.S. v. Martin; N.S. v. Laseur N.S. v. Martin; N.S. v. Laseur Nova Scotia v. Martin; Nova Scotia v. Laseur, [2003] 2 S.C.R. 504, 2003 SCC 54, is a leading Supreme Court of Canada decision. The Court re-examined the authority of tribunals to hear constitutional challenges and their power to strike down legislation under section 52 of the Constitution Act,... |
October 3, 2003 | constitution and tribunals | |
| Doucet-Boudreau v. Nova Scotia (Minister of Education) Doucet-Boudreau v. Nova Scotia (Minister of Education) Doucet-Boudreau v. Nova Scotia [2003] 3 S.C.R. 3, 2003 SCC 62, was a decision of the Supreme Court of Canada which followed the Nova Scotia Supreme Court's finding that a delay in building French language schools in Nova Scotia violated the claimants' minority language educational rights under... |
November 6, 2003 | the scope of section 24(1) Section Twenty-four of the Canadian Charter of Rights and Freedoms Section Twenty-four of the Canadian Charter of Rights and Freedoms provides for remedies available to those whose Charter rights are shown to be violated... of the Canadian Charter of Rights and Freedoms Canadian Charter of Rights and Freedoms The Canadian Charter of Rights and Freedoms is a bill of rights entrenched in the Constitution of Canada. It forms the first part of the Constitution Act, 1982... . |
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| Beals v. Saldanha Beals v. Saldanha Beals v. Saldanha, [2003] 3 S.C.R. 416, 2003 SCC 72 is a leading Supreme Court of Canada decision on the conflict of laws, where the Court established the requirements to enforce foreign judgments in Canada... |
December 18, 2003 | conflict of laws | |
| R. v. Malmo-Levine; R. v. Caine R. v. Malmo-Levine; R. v. Caine R. v. Malmo-Levine; R. v. Caine [2003] 3 S.C.R. 571, 2003 SCC 74, is a leading constitutional decision of the Supreme Court of Canada. The Court rejected a constitutional challenge of the criminalization of marijuana.-Background:... |
December 23, 2003 | possession of marijuana Charter challenge | |
| R. v. Clay R. v. Clay R. v. Clay [2003] 3 S.C.R. 735, is a decision by the Supreme Court of Canada on the constitutionality of the prohibition to possess marijuana. The accused claimed that his section 7 Charter rights were violated... |
December 23, 2003 | possession of marijuana Charter challenge (second) | |
| Canadian Foundation for Children, Youth and the Law v. Canada (A.G.) | January 30, 2004 | spanking Spanking Spanking refers to the act of striking the buttocks of another person to cause temporary pain without producing physical injury. It generally involves one person striking the buttocks of another person with an open hand. When an open hand is used, spanking is referred to in some countries as... allowed under Charter |
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| CCH Canadian Ltd. v. Law Society of Upper Canada CCH Canadian Ltd. v. Law Society of Upper Canada CCH Canadian Limited v. Law Society of Upper Canada, [2004] 1 S.C.R. 339, is a landmark Supreme Court of Canada case that establishes the bounds of fair dealing in Canadian copyright law. A group of publishers sued the Law Society of Upper Canada for copyright infringement for providing photocopy... |
March 4, 2004 | copyright Copyright Copyright is a legal concept, enacted by most governments, giving the creator of an original work exclusive rights to it, usually for a limited time... infringement, fair dealing Fair dealing Fair dealing is a limitation and exception to the exclusive right granted by copyright law to the author of a creative work, which is found in many of the common law jurisdictions of the Commonwealth of Nations.... |
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| Monsanto Canada Inc. v. Schmeiser Monsanto Canada Inc. v. Schmeiser Monsanto Canada Inc. v. Schmeiser [2004] 1 S.C.R. 902, 2004 SCC 34 is a leading Supreme Court of Canada case on patent rights for biotechnology. The court heard the question of whether growing genetically modified plants constitutes "use" of the patented invention of genetically modified plant... |
May 21, 2004 | patents | |
| Harper v. Canada (Attorney General) Harper v. Canada (Attorney General) Harper v. Canada , [2004] 1 S.C.R. 827, 2004 SCC 33, is a leading decision of the Supreme Court of Canada wherein the Court ruled that Canada Elections Act's spending limits on third party election advertising does not violate section 2 and 2 and section 3 of the Canadian Charter of Rights and... |
May 18, 2004 | freedom of speech, federal elections | |
| SOCAN v. CAIP Society of Composers, Authors and Music Publishers of Canada v. Canadian Assn. of Internet Providers Society of Composers, Authors and Music Publishers of Canada v. Canadian Assn. of Internet Providers 2 S.C.R. 427, - also known as the Tariff 22 case - is a leading decision by the Supreme Court of Canada on ISP liability for copyright infringement. The Court found that there is no liability for... |
June 30, 2004 | internet service provider Internet service provider An Internet service provider is a company that provides access to the Internet. Access ISPs directly connect customers to the Internet using copper wires, wireless or fiber-optic connections. Hosting ISPs lease server space for smaller businesses and host other people servers... s as common carriers. Status of caches |
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| Syndicat Northcrest v. Amselem Syndicat Northcrest v. Amselem Syndicat Northcrest v. Amselem [2004] 2 S.C.R. 551 was a decision of the Supreme Court of Canada that attempted to define freedom of religion under the Quebec Charter of Human Rights and Freedoms and section 2 of the Canadian Charter of Rights and Freedoms... |
June 30, 2004 | Freedom of religion | |
| R. v. Mann R. v. Mann R. v. Mann, [2004] 3 S.C.R. 59, 2004 SCC 52, is a leading constitutional decision by the Supreme Court of Canada on the limits of police powers for search and seizure. The Court found that police have a right to detain someone for investigation but do not have the right to search them beyond... |
July 23, 2004 | Section 8 search and seizure | |
| Hodge v. Canada (Minister of Human Resources Development) | October 28, 2004 | Equality rights and comparator groups | |
| Newfoundland (Treasury Board) v. N.A.P.E. Newfoundland (Treasury Board) v. N.A.P.E. Newfoundland v. N.A.P.E., [2004] 3 S.C.R. 381 is a leading Supreme Court of Canada decision where the Court held that a fiscal crisis can be the basis for justifying a violation of rights in the Canadian Charter of Rights and Freedoms through section 1.-Background:The provincial Newfoundland and... |
October 28, 2004 | equality, gender discrimination | |
| R. v. Tessling R. v. Tessling R. v. Tessling [2004] 3 S.C.R. 432, is a leading Supreme Court of Canada decision where the Court held that the use of thermal imaging by police in the course of an investigation of a suspect's property did not constitute a violation of the accused's right to a reasonable expectation of privacy... |
October 29, 2004 | privacy rights, section 8, thermal imaging | |
| Peoples Department Stores Inc. (Trustee of) v. Wise Peoples Department Stores Inc. (Trustee of) v. Wise Peoples Department Stores Inc. v. Wise, [2004] 3 S.C.R. 461, 2004 SCC 68, is a major Supreme Court of Canada decision on the scope of the fiduciary duty upon directors and officers of a corporation... |
October 29, 2004 | director liability | |
| Auton (Guardian ad litem of) v. British Columbia (Attorney General) Auton (Guardian ad litem of) v. British Columbia (Attorney General) Auton v. British Columbia , [2004] 3 S.C.R. 657, is a leading decision of the Supreme Court of Canada wherein the Court ruled that government funding for non-core medically necessary treatments is not protected under section 15 of the Canadian Charter of Rights and Freedoms.-Background:The... |
November 19, 2004 | Non-core services medical services not guaranteed under Charter | |
| Reference Re Same-Sex Marriage | December 9, 2004 | extension of civil marriage to same-sex couples | |
2005 present
| Case name | | Citation | | Date | | Subject | |
|---|---|---|---|---|
| R. v. Krymowski R. v. Krymowski R. v. Krymowski [2005] 1 S.C.R. 101 was a decision by the Supreme Court of Canada on hate speech against the Roma people, also known as "Gypsies."-Background:... |
February 24, 2005 | Hate speech | ||
| Gosselin (Tutor of) v. Quebec (Attorney General) Gosselin (Tutor of) v. Quebec (Attorney General) Gosselin v. Quebec , [2005] 1 S.C.R. 238, 2005 SCC 15 is a leading Supreme Court of Canada on the constitutional protection of minority language rights under section 23 of the Canadian Charter of Rights and Freedoms. The case was part of a trilogy of minority language rights cases including Solski... |
March 31, 2005 | language rights | ||
| Casimir v. Quebec (Attorney General) Casimir v. Quebec (Attorney General) Okwuobi v. Lester B. Pearson School Board; Casimir v. Quebec ; Zorilla v. Quebec , 2005 SCC 16, is a leading Supreme Court of Canada decision on minority language rights... |
March 31, 2005 | Language rights | ||
| Canada (House of Commons) v. Vaid Canada (House of Commons) v. Vaid Canada v. Vaid, [2005] 1 S.C.R. 667, 2005 SCC 30 is the leading decision of the Supreme Court of Canada on parliamentary privilege.... |
May 20, 2005 | Parliamentary privilege | ||
| Chaoulli v. Quebec (Attorney General) Chaoulli v. Quebec (Attorney General) Chaoulli v. Quebec [2005] 1 S.C.R. 791, was a decision by the Supreme Court of Canada where the Court ruled that the Quebec Health Insurance Act and the Hospital Insurance Act prohibiting private medical insurance in the face of long wait times violated the Quebec Charter of Human Rights and... |
June 9, 2005 | private health insurance; section 7. | ||
| Mugesera v. Canada (Minister of Citizenship and Immigration) Mugesera v. Canada (Minister of Citizenship and Immigration) Mugesera v. Canada , [2005] 2 S.C.R. 100 is a leading Supreme Court of Canada decision. The Court upheld the deportation order for Léon Mugesera, a politician from Rwanda, on the grounds of inciting hatred and for suspicion of crimes against humanity for his alleged role in the Rwandan Genocide.... |
June 28, 2005 | Crimes against humanity; removal; judicial review | ||
| R. v. Marshall; R. v. Bernard R. v. Marshall; R. v. Bernard R. v. Marshall; R. v. Bernard 2005 SCC 43 is a leading Aboriginal rights decision of the Supreme Court of Canada where the Court narrowed the test from R. v. Marshall for determining the extent of constitutional protection upon aboriginal practices... |
July 20, 2005 | aboriginal logging rights | ||
| Provincial Court Judges' Assn. of New Brunswick v. New Brunswick (Minister of Justice) Provincial Court Judges' Assn. of New Brunswick v. New Brunswick (Minister of Justice) Provincial Court Judges’ Assn. of New Brunswick v. New Brunswick ; Ontario Judges’ Assn. v. Ontario ; Bodner v. Alberta; Conférence des juges du Québec v. Quebec ; Minc v. Quebec [2005] 2 S.C.R... |
July 22, 2005 | judicial independence | ||
| Imperial Tobacco v. British Columbia Imperial Tobacco v. British Columbia British Columbia v. Imperial Tobacco Canada Ltd., [2005] 2 S.C.R. 473, 2005 SCC 49, is a decision of the Supreme Court of Canada where the Court found that the provincial Tobacco Damages and Health Care Costs Recovery Act, which allowed the government to sue tobacco companies, was constitutionally... |
September 29, 2005 | gov't actions against tobacco companies | ||
| R. v. Turcotte R. v. Turcotte R. v. Turcotte, [2005] 2 S.C.R. 519 is a leading Supreme Court of Canada decision on the common law right to silence and the conditions to waive that right.-Background:... |
September 30, 2005 | right to silence Right to silence The right to remain silent is a legal right of any person. This right is recognized, explicitly or by convention, in many of the world's legal systems.... |
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| E.B. v. Order of the Oblates of Mary Immaculate in the Province of British Columbia E.B. v. Order of the Oblates of Mary Immaculate in the Province of British Columbia E.B. v. Order of the Oblates of Mary Immaculate in the Province of British Columbia, [2005] 3 S.C.R. 45; 2005 SCC 60 is a leading case decided by the Supreme Court of Canada on vicarious liability in employment law and the application of the Bazley v. Curry... |
October 28, 2005 | vicarious liability Vicarious liability Vicarious liability is a form of strict, secondary liability that arises under the common law doctrine of agency – respondeat superior – the responsibility of the superior for the acts of their subordinate, or, in a broader sense, the responsibility of any third party that had the "right, ability... |
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| Montreal (City) v. 2952-1366 Québec Inc. Montreal (City) v. 2952-1366 Québec Inc. City of Montreal v. 2952-1366 Quebec Inc., [2005] 3 S.C.R. 141, 2005 SCC 62 is a leading Supreme Court of Canada decision on freedom of expression under section 2 of the Canadian Charter of Rights and Freedoms. The Court held that a strip club has no constitutional right to broadcast music into... |
November 3, 2005 | freedom of expression | ||
| Kirkbi AG v. Ritvik Holdings Inc. Kirkbi AG v. Ritvik Holdings Inc. 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 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... |
November 17, 2005 | trade-marks | ||
| Charlebois v. Saint John (City) Charlebois v. Saint John (City) Charlebois v. Saint John [2005] 3 S.C.R. 563 was a decision by the Supreme Court of Canada on minority language rights in New Brunswick. The Court found no statutory obligation on municipalities for bilingualism in court proceedings.-Background:... |
December 15, 2005 | minority language rights in New Brunswick | ||
| R. v. Labaye R. v. Labaye R. v. Labaye, [2005] 3 S.C.R. 728, 2005 SCC 80, was a decision by the Supreme Court of Canada on criminal indecency. The decision upheld consensual group sex and swinging activities in a club and alleged bawdy-house as being consistent with personal autonomy and liberty. Labaye was accompanied by... |
December 21, 2005 | defining "indecent" in Criminal Code | ||
| R. v. Kouri R. v. Kouri R. v. Kouri 2005 SCC 81 , was a decision of the Supreme Court of Canada that, along with its sister case R. v. Labaye, established that harm is the sole defining element of indecency in Canadian criminal law... |
December 21, 2005 | sister case to R. v. Labaye | ||
| Multani v. Commission scolaire Marguerite‑Bourgeoys | March 2, 2006 | freedom of religion; banning kirpan Kirpan The kirpan is a ceremonial sword or dagger carried by orthodox Sikhs. It is a religious commandment given by Guru Gobind Singh at the Baisakhi Amrit Sanchar in CE 1699, all baptised Sikhs must wear a kirpan at all times.... s in school |
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| R. v. Rodgers R. v. Rodgers R. v. Rodgers, 2006 SCC 15, [2006] 1 S.C.R. 554, is a leading case decided by the Supreme Court of Canada on the constitutionality of the collection of blood samples from prisoners... |
April 27, 2006 | DNA collection | ||
| Childs v. Desormeaux Childs v. Desormeaux Childs v. Desormeaux, is a Supreme Court of Canada decision on the topic of social host liability. The Court held that a social host does not owe a duty of care to a person injured by a guest who has consumed alcohol.-Background:... |
May 5, 2006 | Social host liability | ||
| Mattel, Inc. v. 3894207 Canada Inc. Mattel, Inc. v. 3894207 Canada Inc. Mattel, Inc. v. 3894207 Canada Inc. is a leading decision of the Supreme Court of Canada on the infringement of famous trade-mark names. The Court found that Mattel Inc... |
June 2, 2006 | Registered trademark infringement | ||
| Robertson v. Thomson Corp. Robertson v. Thomson Corp. Robertson v. Thomson Corp., is a 2006 Supreme Court of Canada decision on the ownership of copyright in published text that are stored in databases. The ruling held that though a newspaper held the copyright in the collection and the arrangement of freelance articles and in its newspaper, it... |
October 12 , 2006 | Copyright in database content | ||
| Pro Swing Inc. v. Elta Golf Inc. Pro Swing Inc. v. Elta Golf Inc. Pro Swing Inc. v. Elta Golf Inc. 2006 SCC 52 is a leading Canadian case decided by the Supreme Court of Canada on conflict of laws. The Court held that foreign non-monetary judgments may be enforced in Canada where they have been rendered by a court of competent jurisdiction, the rendering is... |
November 17, 2006 | Conflict of laws, enforcement of foreign judgment | ||
| R. v. Khelawon R. v. Khelawon R. v. Khelawon, 2006 SCC 57 is a leading decision by the Supreme Court of Canada on the principled approach to hearsay evidence.- Facts :Ramnarine Khelawon was accused of aggravated assault, uttering a death threat, assault causing bodily harm, and assault with a weapon. The offences involved five... |
December 14, 2006 | Hearsay evidence | ||
| Charkaoui v. Canada (Minister of Citizenship and Immigration) Charkaoui v. Canada (Minister of Citizenship and Immigration) Charkaoui v. Canada , 2007 SCC 9 is a landmark decision of the Supreme Court of Canada on the constitutionality of procedures for determining the reasonableness of a security certificate and for reviewing detention under a certificate... |
February 23, 2007 | security certificates of terror suspect | ||
| Canada (Attorney General) v. Hislop Canada (Attorney General) v. Hislop Canada v. Hislop, 2007 SCC 10 is a leading decision of the Supreme Court of Canada on equality rights under section 15 of the Canadian Charter of Rights and Freedoms and the retroactivity of Charter remedies. The Court struck down provisions in the amended Canada Pension Plan on grounds that it... |
March 1, 2007 | Charter; section 15 equality rights | ||
| R. v. Bryan R. v. Bryan R. v. Bryan 2007 SCC 12 is a decision by the Supreme Court of Canada on freedom of expression and Canadian federal elections. The Court upheld a law that prevented the publicizing of election results from some ridings before the polls closed in others.... |
March 15, 2007 | Publishing early election results | ||
| R. v. Hape R. v. Hape R. v. Hape is a case on appeal to the Supreme Court of Canada on cross-border crime. An investment banker was convicted on money laundering. The investigation involved the search of his property in Turks and Caicos by the local police. He claimed his rights under section 8 of the Canadian Charter... |
June 7, 2007 | extraterritoriality; cross-border crime; section 8 of the Charter Section Eight of the Canadian Charter of Rights and Freedoms Section Eight of the Canadian Charter of Rights and Freedoms provides everyone in Canada with protection against unreasonable search and seizure. This Charter right provides Canadians with their primary source of constitutionally enforced privacy rights against unreasonable intrusion from the state... |
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| Kerr v. Danier Leather Inc. | October 12, 2007 | business judgment rule | ||
| R. v. Kang-Brown R. v. Kang-Brown R. v. Kang-Brown, , is a constitutional decision by the Supreme Court of Canada on the limits of police powers for search and seizure. The Court found that police do not have the right to perform a sniffer-dog search of public spaces when such search is not specifically authorized by statute... |
April 25, 2008 | Section 8, constitutionality of sniffer dog, informational privacy | ||
| R. v. A.M. R. v. A.M. R. v. A.M., , is a constitutional decision by the Supreme Court of Canada on the limits of police powers for search and seizure. The Court found that police do not have the right to perform a sniffer-dog search of public spaces when such search is not specifically authorized by statute... |
April 25, 2008 | Section 8, constitutionality of sniffer dog, informational privacy | ||
| R. v. D.B. R. v. D.B. R. v. D.B., 2008 SCC 25 is a constitutional law decision of the Supreme Court of Canada wherein a split Court held 5-4 that "presumptive offences", offences where the offender is prosecuted as an adult, found in the Youth Criminal Justice Act is unconstitutional for violating Section Seven of the... |
May 16, 2008 | section 7 of the Charter Section Seven of the Canadian Charter of Rights and Freedoms Section Seven of the Canadian Charter of Rights and Freedoms is a constitutional provision that protects an individual's autonomy and personal legal rights from actions of the government in Canada. There are three types of protection within the section, namely the right to life, liberty, and... ; presumptive youth offences |
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| R. v. Patrick R. v. Patrick R. v. Patrick, , is a constitutional decision by the Supreme Court of Canada on the limits of police powers for search and seizure. The Court found that police have the right to take garbage bags placed for collection at edge of a property without warrant... |
April 9, 2009 | section 8 of the Charter Section Eight of the Canadian Charter of Rights and Freedoms Section Eight of the Canadian Charter of Rights and Freedoms provides everyone in Canada with protection against unreasonable search and seizure. This Charter right provides Canadians with their primary source of constitutionally enforced privacy rights against unreasonable intrusion from the state... ; search and seizure, reasonable expectation of privacy, informational privacy |
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| R. v. Grant R. v. Grant R. v. Grant is a leading decision of the Supreme Court of Canada on section 9, section 10, and section 24 of the Canadian Charter of Rights and Freedoms. The Court created a number of factors to consider when determining whether a person had been detained for the purpose of sections 9 and 10 of... |
June 17, 2009 | definition of detention; analytical framework for section 24(2) of the Charter Section Twenty-four of the Canadian Charter of Rights and Freedoms Section Twenty-four of the Canadian Charter of Rights and Freedoms provides for remedies available to those whose Charter rights are shown to be violated... |
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| R. v. Harrison R. v. Harrison R. v. Harrison, is a decision of the Supreme Court of Canada on section 24 of the Canadian Charter of Rights and Freedoms. The decision was a companion case of R. v... |
June 17, 2009 | application of section 24(2) of the Charter Section Twenty-four of the Canadian Charter of Rights and Freedoms Section Twenty-four of the Canadian Charter of Rights and Freedoms provides for remedies available to those whose Charter rights are shown to be violated... to egregious police conduct |
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| Miazga v. Kvello Estate Miazga v. Kvello Estate Miazga v. Kvello Estate, is a leading decision of the Supreme Court of Canada on how the tort of malicious prosecution applies to Crown attorneys and other public prosecutors. Specifically, the court held that there is no requirement for a public prosecutor to have a subjective belief that an... |
November 6, 2009 | tort Tort A tort, in common law jurisdictions, is a wrong that involves a breach of a civil duty owed to someone else. It is differentiated from a crime, which involves a breach of a duty owed to society in general... of malicious prosecution Malicious prosecution Malicious prosecution is a common law intentional tort, while like the tort of abuse of process, its elements include intentionally instituting and pursuing a legal action that is brought without probable cause and dismissed in favor of the victim of the malicious prosecution... |
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| Grant v. Torstar Corp. Grant v. Torstar Corp. Grant v. Torstar Corp., , is a 2009 Supreme Court of Canada decision on the defences to the tort of defamation. In it, the Supreme Court ruled that the law of defamation should give way to the rights of a party to speak on matters of public interest, provided party exercises a certain level of... |
December 22, 2009 | tort Tort A tort, in common law jurisdictions, is a wrong that involves a breach of a civil duty owed to someone else. It is differentiated from a crime, which involves a breach of a duty owed to society in general... of defamation, defence of responsible communication Canadian defamation law Canadian defamation law refers to defamation law as it stands in both common law and civil law jurisdictions in Canada. The law is different depending on the jurisdiction.- versus US and UK law :... |
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| R. v. J.A. R. v. J.A. R. v. J.A. is a criminal law decision of the Supreme Court of Canada regarding consent in cases of sexual assaults. The court found that a person can only consent to sexual activity if they are conscious throughout that activity. If a person becomes unconscious during the sexual activity, then... |
May 27, 2011 | advance consent Consent Consent refers to the provision of approval or agreement, particularly and especially after thoughtful consideration.- Types of consent :*Implied consent is a controversial form of consent which is not expressly granted by a person, but rather inferred from a person's actions and the facts and... to perform sexual acts while unconscious Unconscious Unconscious might refer to:In physiology:* unconsciousness, the lack of consciousness or responsiveness to people and other environmental stimuliIn psychology:... |
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| Canada (Attorney General) v. PHS Community Services Society, 2011 SCC 44 | September 30, 2011 | safe injection site Safe injection site Supervised injection sites are legally sanctioned and medically supervised facilities designed to reduce nuisance from public drug use and provide a hygienic and stress-free... , constitutional law Constitutional law Constitutional law is the body of law which defines the relationship of different entities within a state, namely, the executive, the legislature and the judiciary.... , section 7 of the Charter |
Upcoming judgments
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