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
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 [107]
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
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 [111]
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
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
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
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 [118]
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 [119]
Standard of review applicable to municipal taxation bylaw
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
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
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
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
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 [130]
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
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
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
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 [140]
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
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
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 [158]
Convention refugees and exclusion based on commission of serious crime prior to admission to country of refuge
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
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 [164]
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
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 [166]
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
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
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 [172]
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
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
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 [176]
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
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
