Reasons_of_the_Supreme_Court_of_Canada_by_Justice_Karakatsanis

Reasons of the Supreme Court of Canada by Justice Karakatsanis

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

By year

2012

More information Statistics, Case name ...

Statistics

4

Majority or Plurality

0

Concurrence

0

Other

0

Dissent

0

Concurrence/dissent

Total =

4

Written opinions = 4

Oral opinions = 0

Unanimous decisions = 3

Case name	Issue	Co-authored by	Joined 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 J	Unanimous

R v Maybin 2012 SCC 24	Criminal law – Causation and intervening acts	–	Unanimous

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 occurred	–	Unanimous

2013

Statistics

9

Majority or Plurality

1

Concurrence

0

Other

3

Dissent

0

Concurrence/dissent

Total =

13

Written opinions = 13

Oral opinions = 0

Unanimous decisions = 4

Case name	Issue	Co-authored by	Joined 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 case	–	Unanimous

R v Youvarajah 2013 SCC 41	Admissibility of hearsay evidence: prior inconsistent statements	–	McLachlin 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 J	Unanimous

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 offence	–	Unanimous

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 J	Unanimous

2014

2014 statistics

9

Majority or Plurality

2

Concurrence

0

Other

2

Dissent

0

Concurrence/dissent

Total =

13

Written opinions = 11

Oral opinions = 2

Unanimous decisions = 8

Case name	Issue	Co-authored by	Joined by
Hryniak v Mauldin 2014 SCC 7	Summary judgments	–	Unanimous

Bruno Appliance and Furniture, Inc v Hryniak 2014 SCC 8	Summary judgments	–	Unanimous

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 decision	–	Unanimous

R v Summers 2014 SCC 26	Sentencing and credit for pre-sentence detention under the Criminal Code	–	Unanimous

R v Carvery 2014 SCC 27	Sentencing and credit for pre-sentence detention under the Criminal Code	–	Unanimous

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 Code	–	Unanimous

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 complainant	–	Unanimous (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/dissent

Total

11

Written opinions = XXX

Oral opinions = XXX

Unanimous decisions = 3

Case name	Issue	Co-authored by	Joined 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 suspect	–	Unanimous

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 Charter	–	Unanimous

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 inquiry	–	Unanimous

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/dissent

Total =

10

Written opinions = 10

Oral opinions = 0

Unanimous decisions = 1

Case name	Issue	Co-authored by	Joined 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 JJ	Unanimous

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

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