By the Court decisions of the Supreme Court of Canada
December 02, 2023
Justices of the Supreme Court of Canada have the option of releasing reasons for a unanimous decision anonymously by simply attributing the judgment to "The Court". The practice began around 1979 by Chief JusticeLaskin, borrowing from the US Supreme Court practice of anonymizing certain unanimous decisions.[1] Unlike in the US, which uses it primarily for uncontroversial cases, in Canada, it is used almost always for important and controversial cases.[2]
It has been suggested that the practice has been used to give greater authority to the decision by having the entire Court speak as a single voice.[3]
Peter McCormick, a professor of political science at the University of Lethbridge who studies Canada's appellate courts, calls these 'per coram decision," but his terminology is not in general use. McCormick states that there were 9 reported per coram decisions prior to Bora Laskin's term as Chief Justice, 15 reported per coram decisions under Laskin's Chief Justiceship, and 51 reported per coram decisions under Dickson's Chief Justiceship.[4]
Listedit
The following is a list of anonymous decisions that are attributed to "The Court":
Quebec (Deputy Minister of Revenue) v Nolisair International Inc (Trustee of); Sécurité Saglac (1992) Inc (Trustee of) v Quebec (Deputy Minister of Revenue)
Whether Parliament's decision to limit superior courts from determining questions of disclosure of information pertaining to international relations, national defence or national security invades the core jurisdiction of superior courts
Whether Parliament can unilaterally set fixed terms for Senators — Whether Parliament can unilaterally implement framework for consultative elections for appointments to Senate — Whether Parliament can unilaterally repeal ss. 23(3) and 23(4) of Constitution Act, 1867 requiring that Senators must own land worth $4,000 in province for which they are appointed and have net worth of at least $4,000 — Whether constitutional amendment abolishing Senate may be accomplished by general amending procedure or whether unanimous consent procedure applies
Burden of proof of proving an "excuse" under s. 794(2) of the Criminal Code
Zurich Insurance Co v Chubb Insurance Co of Canada
2015 SCC 19
Whether specific insurance company is an "insurer" for the purposes of Ontario statutory accident benefits scheme
Caplin v Canada (Justice)
2015 SCC 32
Whether Minister of Justice's surrender via extradition of an accused charged with murder was reasonable
Canada (AG) v Barnaby
2015 SCC 31
Whether Minister of Justice's surrender via extradition of an accused charged with murder was reasonable; Whether extraditing the accused to possibly be subjected to a fourth trial would be contrary to the principles of fundamental justice under s. 7 of the Charter
R v Smith
2015 SCC 34
Whether regulations limiting the lawful possession of medical marijuana to dried forms infringe the right to life, liberty and security of the prison under s. 7 of the Charter; Whether accused has standing to challenge the constitutional validity of provisions under the Controlled Drugs and Substances Act
^L'Heureux-Dubé, Claire. "The Dissenting Opinion: Voice of the Future?" 38 Osgoode Hall L.J. 495 at 500
^McCormick, Peter. "The Political Jurisprudence of Hot Potatoes" (2002) 13 Nat'l J. Const. L. 271 at 176
^Bzdera, Andre. "Comparative Analysis of Federal High Courts: A Political Theory of Judicial Review" (1993) 26 Canadian Journal of Political Science 3 at 25
^McCormick, Peter. "The Supervisory Role of the Supreme Court of Canada: Analysis of Appeals from Provincial Courts of Appeal, 1949-1990" (1992), 3(2d) Supreme Court Law Review 1, at p. 27.
December 02, 2023
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Justices of the Supreme Court of Canada have the option of releasing reasons for a unanimous decision anonymously by simply attributing the judgment to The Court The practice began around 1979 by Chief Justice Laskin borrowing from the US Supreme Court practice of anonymizing certain unanimous decisions 1 Unlike in the US which uses it primarily for uncontroversial cases in Canada it is used almost always for important and controversial cases 2 It has been suggested that the practice has been used to give greater authority to the decision by having the entire Court speak as a single voice 3 Peter McCormick a professor of political science at the University of Lethbridge who studies Canada s appellate courts calls these per coram decision but his terminology is not in general use McCormick states that there were 9 reported per coram decisions prior to Bora Laskin s term as Chief Justice 15 reported per coram decisions under Laskin s Chief Justiceship and 51 reported per coram decisions under Dickson s Chief Justiceship 4 List editThe following is a list of anonymous decisions that are attributed to The Court Case name Citation SubjectQuebec AG v Blaikie No 1 1979 2 SCR 1016 Minority language rightsQuebec AG v Blaikie No 2 1981 1 SCR 312 Language of delegated legislationQuebec AG v Quebec Assn of Protestant School Boards 1984 2 SCR 66 Minority language education rightsReference Re Manitoba Language Rights 1985 1 SCR 721 Language rightsR v Baig 1987 2 SCR 537 Right to counselFord v Quebec AG 1988 2 SCR 712 Commercial freedom of expressionDevine v Quebec AG 1988 2 SCR 790 Freedom of expression French language legislationTremblay v Daigle 1989 2 SCR 530 AbortionReference Re Milgaard 1992 1 SCR 866 Wrongful conviction murderReference Re Secession of Quebec 1998 2 SCR 217 SecessionDel Zotto v Canada 1999 1 SCR 3Quebec Deputy Minister of Revenue v Nolisair International Inc Trustee of Securite Saglac 1992 Inc Trustee of v Quebec Deputy Minister of Revenue 1999 1 SCR 759R v Marshall 1999 3 SCR 533 Aboriginal fishing rightsReference Re Firearms Act 2000 1 SCR 783 Gun controlR v Latimer 2001 1 SCR 3 Cruel and unusual punishment mercy killingsSmith v Canada AG 2001 SCC 88Privacy Act Can Re 2001 SCC 89R v Lariviere 2001 SCC 93United States v Burns 2001 SCC 7 Extradition and executionSuresh v Canada Minister of Citizenship and Immigration 2002 SCC 1 TortureAhani v Canada Minister of Citizenship and Immigration 2002 SCC 2 TortureR v Powley 2003 SCC 43 Metis hunting rightsR v Blais 2003 SCC 44 Metis hunting rightsReference Re Same Sex Marriage 2004 SCC 79 Same sex marriageR v RGL 2005 SCC 18Solski Tutor of v Quebec AG 2005 SCC 14Gosselin Tutor of v Quebec AG 2005 SCC 15Okwuobi v Lester B Pearson School Board 2005 SCC 16Provincial Court Judges Assn of New Brunswick v New Brunswick Minister of Justice 2005 SCC 44 Judicial independenceR v Rodrigue 2005 SCC 67Forum des maires de la Peninsule acadienne v Canada Food Inspection Agency 2005 SCC 85R v Hazout 2006 SCC 42BCE Inc v 1976 Debentureholders 2008 SCC 69 Nature of the duties of corporate directors in Canadian law R v Ahmad 2011 SCC 6 Whether Parliament s decision to limit superior courts from determining questions of disclosure of information pertaining to international relations national defence or national security invades the core jurisdiction of superior courtsReference Re Securities Act 2011 SCC 66 Constitutionality of a proposed federal securities regulator Reference Re Broadcasting Act 2012 SCC 4 Whether Internet service providers are broadcasters when providing access to broadcasting through InternetMomentous ca Corp v Canadian American Association of Professional Baseball Ltd 2012 SCC 9 Conflict of lawsFundy Settlement v Canada 2012 SCC 14 Taxation and trustsCanada AG v Kane 2012 SCC 64 Standard of review of Public Service Staffing Tribunal decisionConstruction Labour Relations v Driver Iron Inc 2012 SCC 65 Judicial review of Alberta Labour Relations Board decisionR v Mailhot 2013 SCC 17 Fairness of charge to jury R v Ibanescu 2013 SCC 31 Admissibility of straddle evidenceReference re Senate Reform 2014 SCC 32 Whether Parliament can unilaterally set fixed terms for Senators Whether Parliament can unilaterally implement framework for consultative elections for appointments to Senate Whether Parliament can unilaterally repeal ss 23 3 and 23 4 of Constitution Act 1867 requiring that Senators must own land worth 4 000 in province for which they are appointed and have net worth of at least 4 000 Whether constitutional amendment abolishing Senate may be accomplished by general amending procedure or whether unanimous consent procedure appliesCarter v Canada AG 2015 SCC 5 Physician assisted suicide R v Goleski 2015 SCC 6 Burden of proof of proving an excuse under s 794 2 of the Criminal CodeZurich Insurance Co v Chubb Insurance Co of Canada 2015 SCC 19 Whether specific insurance company is an insurer for the purposes of Ontario statutory accident benefits schemeCaplin v Canada Justice 2015 SCC 32 Whether Minister of Justice s surrender via extradition of an accused charged with murder was reasonableCanada AG v Barnaby 2015 SCC 31 Whether Minister of Justice s surrender via extradition of an accused charged with murder was reasonable Whether extraditing the accused to possibly be subjected to a fourth trial would be contrary to the principles of fundamental justice under s 7 of the CharterR v Smith 2015 SCC 34 Whether regulations limiting the lawful possession of medical marijuana to dried forms infringe the right to life liberty and security of the prison under s 7 of the Charter Whether accused has standing to challenge the constitutional validity of provisions under the Controlled Drugs and Substances ActR v Cody 2017 SCC 31 Unreasonable delay R v Comeau 2018 SCC 15 Interprovincial Trade See also editPer curiam decisionReferences edit L Heureux Dube Claire The Dissenting Opinion Voice of the Future 38 Osgoode Hall L J 495 at 500 McCormick Peter The Political Jurisprudence of Hot Potatoes 2002 13 Nat l J Const L 271 at 176 Bzdera Andre Comparative Analysis of Federal High Courts A Political Theory of Judicial Review 1993 26 Canadian Journal of Political Science 3 at 25 McCormick Peter The Supervisory Role of the Supreme Court of Canada Analysis of Appeals from Provincial Courts of Appeal 1949 1990 1992 3 2d Supreme Court Law Review 1 at p 27 Retrieved from https en wikipedia org w index php title By the Court decisions of the Supreme Court of Canada amp oldid 1051077885, wikipedia, wiki, book, books, library,
