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
Whether trial judge's error in not excluding bad character evidence and in not specifically addressing that evidence in his reasons caused a substantial wrong or a miscarriage of justice
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McLachlin CJ and Deschamps, Rothstein and Cromwell JJ
Whether an offender is required to prove an inability to pay a fine corresponding to funds fraudulently obtained — Whether the trial judge was bound to impose a fine in light of the accused's failure to explain what happened to misappropriated funds
Tort of libel and slander — Whether a hyperlink to an allegedly defamatory article in itself constitutes a publication
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Binnie, LeBel, Charron, Rothstein and Cromwell
British Columbia (Workers' Compensation Board) v Figliola 2011 SCC 52 [28]
The appropriate scope of a human rights tribunal's discretion to determine whether the substance of a complaint has been "appropriately dealt with" when two bodies share jurisdiction over human rights
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LeBel, Deschamps, Charron and Rothstein JJ
Newfoundland and Labrador Nurses' Union v Newfoundland and Labrador (Treasury Board) 2011 SCC 62 [29]
Whether reasons of tribunal satisfy Dunsmuir requirements for "justification, transparency and intelligibility"
Husband applying to terminate spousal support order on basis of his retirement and the market downturn, and whether the husband had established there had been a material change in circumstances since the original support order
The proper approach to an application for variation of spousal support order under section 17(4.1) of the Divorce Act where support terms of agreement have been incorporated into an order
Judicial review and standard of review of law society disciplinary council; Proper approach to judicial review of discretionary administrative decisions engaging Charter protections
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Unanimous
Tessier Ltée v Quebec (Commission de la santé et de la sécurité du travail) 2012 SCC 23 [33]
Division of powers and labour law; Whether stevedoring activities form part of federal jurisdiction over shipping under the Constitution Act, 1867
Society of Composers, Authors and Music Publishers of Canada v Bell Canada 2012 SCC 36 [35]
Intellectual property and whether the use of previews on online music services constitutes "fair dealing" under the federal Copyright Act
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Unanimous
Rogers Communications Inc v Society of Composers, Authors and Music Publishers of Canada 2012 SCC 35 [36]
Intellectual property and the whether streaming of files from the Internet triggered by individual users constitutes communication "to the public" of the musical workers contained therein by online music services who make the files available for streaming
–
–
Entertainment Software Association v Society of Composers, Authors and Music Publishers of Canada 2012 SCC 34 [37]
Intellectual property and whether the transmission of musical works contained in a video game through an Internet download is a communication "to the public" under the federal Copyright Act
Moldaver J
McLachlin CJ and Deschamps and Karakatsanis JJ
Alberta (Education) v Canadian Copyright Licensing Agency (Access Copyright) 2012 SCC 37 [38]
Intellectual property; Teachers making photocopies of excerpts of textbooks and other copyrighted works to distribute to students as part of class instruction, and whether elementary and secondary schools can claim the benefit of "fair dealing" exemption for copies of works made at teachers' initiative with instructive to students that they read the material
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McLachlin CJ and LeBel, Moldaver and Karakatsanis JJ
Underage victim of cyberbullying applying for order requiring Internet provider to disclose the identity of persons using IP address to publish fake and allegedly defamatory online profile to identify potential defendants for an action in defamation, and whether the victim can proceed anonymously in application and seek publication ban on the contents of the fake profile
Whether a warrantless search and seizure of a laptop computer and disc containing Internet files breached accused right against unreasonable search and seizure under s. 8 of the Charter, and if so, whether the evidence ought to be excluded under s. 24(2) of the Charter; Whether accused had reasonable expectation of privacy in employer-issued work computer
–
–
Moore v British Columbia (Education) 2012 SCC 61 [41]
Whether school district discriminated against student by failing to provide necessary remediation for disability contrary to s. 8 of the provincial Human Rights Code; What constitutes meaningful access to education for students with learning disabilities
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Unanimous
Reference re Broadcasting Regulatory Policy CRTC 2010-167 and Broadcasting Order CRTC 2010-168 2012 SCC 68 [42]
Whether the Canadian Radio-television and Telecommunications Commission has jurisdiction under the federal Broadcast Act to implement a policy empowering private local television stations to negotiate direct compensation for retransmission of signals by cable and satellite companies, as well as the right to prohibit such undertakings from retransmitting those signals if negotiations are unsuccessful
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
Whether the general warrant power under s. 487.01 of the Criminal Code can authorize prospective production of future text messages from telecommunications service provider's database
Alberta (Information and Privacy Commissioner) v United Food and Commercial Workers, Local 401 2013 SCC 62 [53]
Whether legislation restricting the collection, use and disclosure of personal information under the Personal Information Protection Act violates expressive rights under s. (b) of the Charter
Cromwell J
Unanimous
La Souveraine, Compagnie d'assurance générale v Autorité des marchés financiers 2013 SCC 63 [54]
Provincial offences and strict liability under the Quebec Act respecting the distribution of financial products and services
–
–
Katz Group Canada Inc v Ontario (Health and Long-Term Care) 2013 SCC 64 [55]
Whether regulations effectively banning the sale of private label drugs by pharmacies is ultra vires on the grounds they are inconsistent with the statutory scheme and mandate of the Ontario Drug Interchangeability and Dispensing Fee Act and Ontario Drug Benefit Act
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
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
–
–
Tervita Corp v Canada (Commissioner of Competition 2015 SCC 3 [71]
Legal test for when a merger gives rise to a substantial prevention of competition under the Competition Act; Defence of statutory efficiencies
Whether a right to strike is protected by freedom of association under s. 2(d) of the Charter; Whether prohibition on essential employees participating in strike action amounts to substantial interference with a meaningful process of collective bargaining
–
McLachlin CJ and LeBel, Cromwell and Karakatsanis JJ
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
Whether practice of members of municipal council regulated by a by-law and that consists of reciting prayer at start of each meeting of council is in breach of principle of religious neutrality of state and results in discriminatory interference with freedom of conscience and religion under the Quebec Charter of Human Rights and Freedoms; Whether a decision of the Quebec Human Rights Tribunal is subject to standards of review applicable to judicial review proceedings or to appellate standards
–
–
Theratechnologies inc v 121851 Canada inc 2015 SCC 18 [75]
Securities and statutory disclosure obligations
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Unanimous
Yukon Francophone School Board, Education Area #23 v Yukon (AG) 2015 SCC 25 [76]
Whether trial judge's conduct and community involvement raised a reasonable apprehension of bias; Whether a school board can unilaterally decide to admit students who area not covered by s. 23 of the Charter
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Unanimous
Kahkewistahaw First Nation v Taypotat 2015 SCC 30 [77]
Whether eligibility requirement under the Kahkewistahaw Election Act requiring candidates for chief or band councillor to have at least a Grade 12 education violates the right to equality under s. 15(1) of the Charter
Whether proceedings under s. 163.2 of the Income Tax Act imposing monetary penalties on every person who makes a false statement that could be used by another person for purposes under that Act are criminal in nature or lead to the imposition of true penal consequences; Whether an individual assessed for same penalties is a person "charged with an offence" within the meaning of s. 11 of the Charter
Wagner J
Karakatsanis J
Ontario (Energy Board) v Ontario Power Generation Inc 2015 SCC 44 [80]
Whether Ontario Energy Board's utilities rate-setting decision to disallow $145 million in labour compensation costs related to utility's nuclear operations was a reasonable; Whether Ontario Energy Board acted improperly in pursuing appeal and in arguing in favour of the reasonableness of its own decision
Saskatchewan (AG) v Lemare Lake Logging Ltd 2015 SCC 53 [82]
Whether provincial The Saskatchewan Farm Security Act is constitutionally inoperative when an application is made to appoint a national receiver under the federal Bankruptcy and Insolvency Act, by reason of the doctrine of federal paramountcy
Whether the trial judge properly considered the conduct of the accused, charged with dangerous operation of a motor vehicle, in light of all relevant evidence in determining whether the accused's conduct was a marked departure form the requisite standard of care
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Cromwell, Wagner, Gascon and Brown JJ (oral)
Canadian Broadcasting Corp v SODRAC 2003 Inc 2015 SCC 57 [84]
Intellectual property and copyright
–
–
Kanthasamy v Canada (Citizenship and Immigration) 2015 SCC 61 [85]
Whether decision of Minister of Citizenship and Immigration to deny relief to claimant seeking humanitarian and compassionate exemption to apply for permanent residence from within Canada was a reasonable exercise of humanitarian and compassionate discretion under the Immigration and Refugee Protection Act
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McLachlin CJ and Cromwell, Karakatsanis and Gascon JJ
Whether extradition judge applied the correct principles in relation to double criminality and to own role in assessing the reliability and sufficiency of evidence; Whether extradition judge should consider evidence about possible defences and other exculpating circumstances in deciding whether to commit for extradition; Whether Minister of Justice gave appropriate consideration to the defence of necessity available under Canadian law but not available under the law of the requesting state; Whether Minister of Justice's decision to surrender for extradition was reasonable
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