Entertainment Software Association v Society of Composers, Authors and Music Publishers of Canada 2012 SCC 34 [3]
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
Offence of kidnapping and whether kidnapping is a continuing offence encompassing subsequent confinement of victim, and whether persons who knowingly choose to participate in subsequent confinement becomes parties to the offence of kidnapping
Offence of murder and whether trial judge erred in resorting to common sense inference that a person who usually knows predictable consequences of actions and means to bring them about without first considering the whole of the evidence bearing on the accused's mental state at time of shooting
Co-accused's counsel inviting jury to infer accused's guilt from a failure to testify, and whether the trial judge's failure to give explicit remedial instruction in charge to jury constituted a legal error under s. 4(6) of the Canada Evidence Act
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
Whether Crown at criminal trial may cross examine an accused on prior inconsistent statements without infringing the right against self-incrimination under s. 13 of the Charter
–
McLachlin CJ and Deschamps, Abella, Rothstein and Karakatsanis JJ
Whether pat-down search was unreasonable under s. 8 of the Charter; Whether detention of the accused was unlawful under s. 9 of the Charter; Whether evidence ought to be excluded pursuant to s. 24(2) of the Charter
Whether it was appropriate for the Crown to seek police criminal record checks of prospective jurors and also to provide comments on whether any prospective jurors were "disreputable persons"; Where same should have been disclosed to the accused; Whether there is a reasonable possibility that same affected trial fairness or gave rise to an appearance of unfairness, such that a miscarriage of justice occurred
Whether it was appropriate for the Crown to seek police criminal record checks of prospective jurors and also to provide comments on whether any prospective jurors were "disreputable persons"; Where same should have been disclosed to the accused; Whether there is a reasonable possibility that same affected trial fairness or gave rise to an appearance of unfairness, such that a miscarriage of justice occurred
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
Whether police officers have right to consult with counsel before making notes on an incident; Whether police officers are entitled to basic legal advice as to the nature of rights and obligations in connection with an incident
–
McLachlin CJ and Abella, Rothstein, Karakatsanis and Wagner JJ
Wakeling v United States of America 2014 SCC 72 [32]
Unreasonable search and seizure under s. 8 of the Charter and the disclosure of intercepted private communications without consent
–
LeBel and Rothstein JJ
2015
Statistics
6
Majority or Plurality
3
Concurrence
2
Other
2
Dissent
2
Concurrence/dissent
Total =
6
Written opinions = 3
Oral opinions = 3
Unanimous decisions = 3
Case name
Issue
Co-authored by
Joined by
Canada (AG) v Federation of Law Societies of Canada 2015 SCC 7 [33]
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
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
Whether trial judge erred in instructions to jury on concealment and clean-up of body in a murder charge and same's bearing on issue of intent for murder, and if so, whether that error was fatal in conjunction with erroneous instructions on accused's flight from and lies to police; Impact of long and complex jury charges on criminal justice system
Wilson v British Columbia (Superintendent of Motor Vehicles) 2015 SCC 47 [41]
Whether a peace officer is entitled to rely on results of an approved screening device used to collect breath samples to impose a driving prohibition, or whether other confirmatory evidence is required; Whether Superintendent of Motor Vehicles's interpretation of a statutory provision imposing immediate driving prohibition under the provincial Motor Vehicles Act was reasonable
–
Unanimous
Kanthasamy v Canada (Citizenship and Immigration) 2015 SCC 61 [42]
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
–
Wagner J
Canada (AG) v Federation of Law Societies of Canada, 2015 SCC 7 (Dissent - Concurrence)[1]
Loyola High School v Quebec (AG), 2015 SCC 12 (Dissent - Concurrence)[2]
