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Reasons of the Supreme Court of Canada by Justice Abella

This is a list of all the reasons written by Rosalie Abella during her tenure as puisne justice of the Supreme Court of Canada.

2005 edit

2005 statistics
6
Majority or Plurality
0
Concurrence
0
Other
4
Dissent
0
Concurrence/dissent Total = 10
Written opinions = ? Oral opinions = ? Unanimous decisions = ?
Case name Issue Co-authored by Joined by
R v Grandinetti
2005 SCC 5
Admissibility of confessions None Unanimous


Tsiaprailis v Canada
2005 SCC 8
Taxation; disabled None Major and LeBel JJ
Nova Scotia (Minister of Health) v JJ
2005 SCC 12
Family services; adult care None Unanimous


Fédération des producteurs de volailles du Québec v Pelland
[2005] 2005 SCC 20
Federalism; provincial chicken market scheme None Unanimous


Prebushewski v Dodge City Auto (1984) Ltd
2005 SCC 28
Consumer protection None Unanimous


R v GR
2005 SCC 45
Incest None Bastarache, LeBel and Deschamps JJ


R v Turcotte
2005 SCC 50
Common law right to silence None Unanimous


Hilewitz v Canada (Minister of Citizenship and Immigration); De Jong v Canada (Minister of Citizenship and Immigration)
2005 SCC 57
Inadmissible due to health reasons, burden on social services None McLachlin CJ and Major, Bastarache, Binnie, Fish and Charron JJ.


EB v Order of the Oblates of Mary Immaculate in the Province of British Columbia
2005 SCC 60
Vicarious liability; employment law None None


R v RC
2005 SCC 61
Forsensic DNA None LeBel and Charron JJ

2006 edit

Rosalie Abella 2006 statistics
4
Majority or Plurality
2
Concurrence
0
Other
1
Dissent
0
Concurrence/dissent Total = 7
Written opinions = 7 Oral opinions = 0 Unanimous decisions = 1
Case name Issue Co-Authored by Joined by


Canada (Human Rights Commission) v Canadian Airlines International Ltd
2006 SCC 1
Statutory interpretation; discrimination for unequal wages LeBel J McLachlin CJ and Bastarache, Binnie, Fish and Charron JJ


Multani v Commission scolaire Marguerite‑Bourgeoys
2006 SCC 6
prohibiting religious weapons in school; freedom of religion Deschamps J None


Tranchemontagne v Ontario (Director, Disability Support Program)
2006 SCC 14
Jurisdiction of Human Rights Tribunals None LeBel and Deschamps JJ


R v Gagnon
2006 SCC 17
Sufficiency of reasons given by trial judge Bastarache J LeBel J


Fidler v Sun Life Assurance Co of Canada
2006 SCC 30
Damages for breach of contract McLachlin CJ Unanimous


GMAC Commercial Credit Corporation – Canada v TCT Logistics Inc
2006 SCC 35
Bankruptcy None McLachlin CJ and Bastarache, Binnie, LeBel, Fish and Charron JJ.


DBS v SRG; LJW v TAR; Henry v Henry; Hiemstra v Hiemstra
2006 SCC 37
Retroactive child support None Fish and Charron JJ

Robertson v Thomson Corp
2006 SCC 43
Copyright infringement, licensing None McLachlin CJ and Binnie and Charron JJ

Pharmascience Inc v Binet
2006 SCC 48
Professional ethics None Fish J

R v Morris
2006 SCC 59
Aboriginal treaty rights Deschamps J Binnie and Charron JJ

2007 edit

2008 edit

2009 edit

2010 edit

Statistics
XXXXX
Majority or Plurality
XXX
Concurrence
XXXX
Other
XXXX
Dissent
XXXX
Concurrence/dissent Total = XXXXXX
Written opinions = XXX Oral opinions = XXX Unanimous decisions = XXX
Case name Issue Co-authored by Joined by
XXX
CITATIONS [URL]
XXX XXX XXX
XXX
CITATIONS [URL]
XXX XXX XXX

2011 edit

Statistics
XXXXX
Majority or Plurality
XXX
Concurrence
XXXX
Other
XXXX
Dissent
XXXX
Concurrence/dissent Total = XXXXXX
Written opinions = XXX Oral opinions = XXX Unanimous decisions = XXX
Case name Issue Co-authored by Joined by
Celgene Corp v Canada (AG)
2011 SCC 1 [URL]
Statutory interpretation of the Patent Act — Reasonableness of Patented Medicine Prices Review Board's interpretation of the Patent Act Unanimous
R v Carron
2011 SCC 5 [21]
Whether a superior court has inherent jurisdiction to grant interim costs in litigation taking place in the provincial court
Bou Malhab v Diffusion Métromédia CMR inc
2011 SCC 9 [22]
Whether the representative plaintiff in a class action for defamation must prove that each group member suffered personal injury
Ontario (AG) v Fraser
2011 SCC 20 [23]
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
R v O'Brien
2011 SCC 29 [24]
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 McLachlin CJ and Deschamps, Rothstein and Cromwell JJ
R v Sinclair
2011 SCC 40 [25]
XXX
R v Topp
2011 SCC 43 [26]
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 Unanimous
Crookes v Newton
2011 SCC 47 [27]
Tort of libel and slander — Whether a hyperlink to an allegedly defamatory article in itself constitutes a publication 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 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" Unanimous
RP v RC
2011 SCC 65 [30]
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 Rothstein J Binnie, LeBel and Deschamps JJ
LMP v LS
2011 SCC 64 [31]
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 Rothstein J Binnie, LeBel and Deschamps JJ

2012 edit

Statistics
8
Majority or Plurality
1
Concurrence
0
Other
3
Dissent
0
Concurrence/dissent Total = 12
Written opinions = 12 Oral opinions = 0 Unanimous decisions = 6
Case name Issue Co-authored by Joined by
Doré v Barreau du Québec
2012 SCC 12 [32]
Judicial review and standard of review of law society disciplinary council; Proper approach to judicial review of discretionary administrative decisions engaging Charter protections 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 Unanimous
R v Mayuran
2012 SCC 31 [34]
Defence of provocation Unanimous
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 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 McLachlin CJ and LeBel, Moldaver and Karakatsanis JJ
AB v Bragg Communications Inc
2012 SCC 46 [39]
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 Unanimous
R v Cole
2012 SCC 53 [40]
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 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 Cromwell J Deschamps and Karakatsanis JJ
R v NS
2012 SCC 72 [43]
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

2013 edit

Statistics
8
Majority or Plurality
0
Concurrence
0
Other
3
Dissent
1
Concurrence/dissent Total = 12
Written opinions = 12 Oral opinions = 0 Unanimous decisions = 4
Case name Issue Co-authored by Joined by
Quebec (AG) v A
2013 SCC 5 [44]
Discrimination based on marital status under s. 15(1) of the Charter
R v Named Person B
2013 SCC 9 [45]
Informer privilege and evidence McLachlin CJ and LeBel, Fish, Moldaver and Karakatsanis JJ
R v TELUS Communications Co
2013 SCC 16
[46]
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 LeBel and Fish JJ
Penner v Niagara (Regional Police Services Board)
2013 SCC 19 [47]
Issue estoppel: administrative tribunal proceedings and civil proceedings LeBel J Rothstein J
Communications, Energy and Paperworkers Union of Canada, Local 30 v Irving Pulp & Paper, Ltd
2013 SCC 34 [48]
Labour arbitration and collective agreement management rights clauses LeBel, Fish, Cromwell, Karakatsanis and Wagner JJ
Sable Offshore Energy Inc v Ameron International Corp
2013 SCC 37 [49]
Settlement privilege and disclosure Unanimous
Divito v Canada (Public Safety and Emergency Preparedness)
2013 SCC 47 [50]
Constitutional challenge of provisions of the International Transfer of Offenders Act under mobility rights under s. 6(1) of the Charter Rothstein, Cromwell, Moldaver, Karakatsanis and Wagner JJ
Castonguay Blasting Ltd v Ontario (Environment)
2013 SCC 52 [51]
Environmental law – Failure to report discharge of contaminant into natural environment Unanimous
R v Cairney
2013 SCC 55 [52]
Defence of provocation Fish J
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 Unanimous

2014 edit

Statistics
7
Majority or Plurality
1
Concurrence
0
Other
5
Dissent
1
Concurrence/dissent Total = 14
Written opinions = 12 Oral opinions = 2 Unanimous decisions = 5
Case name Issue Co-authored by Joined by
Bernard v Canada (AG)
2014 SCC 13 [56]
Judicial review of labour arbitration decisions Cromwell J LeBel, Karakatsanis and Wagner JJ
R v Babos
2014 SCC 16 [57]
Stay of proceedings and abuse of process
R v Hutchinson
2014 SCC 19 [58]
Offence of sexual assault and consent Moldaver J Karakatsanis J
Reference Re Supreme Court Act, ss 5 and 6
2014 SCC 21 [59]
Eligibility requirements to the Supreme Court of Canada McLachlin CJ and LeBel, Cromwell, Karakatsanis and Wagner JJ
R v Vorkura
2014 SCC 22 [60]
Reasonableness of trial verdict Unanimous (oral)
R v Clarke
2014 SCC 28 [61]
Sentencing and the interpretation of the Truth in Sentencing Act Unanimous
R v Jackson
2014 SCC 30 [62]
Admissibility of evidence under judicial discretion Unanimous (oral)
Dionne v Commission scolaire des Patriotes
2014 SCC 33 [63]
Occupational health and safety and the right to refuse unsafe work Unanimous
Canada (Citizenship and Immigration) v Harkat
2014 SCC 37 [64]
Constitutionality of the security certificate scheme of the Immigration and Refugee Protection Act under s. 7 of the Charter Cromwell J
McCormick v Fasken Martineau DuMoulin LLP
2014 SCC 39 [65]
Whether an "equity partner" at a law firm is engaged in an "employment relationship" under the Human Rights Code Unanimous
Kazemi Estate v Islamic Republic of Iran
2014 SCC 62 [66]
Public international law and sovereign immunity
Imperial Oil v Jacques
2014 SCC 66 [67]
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
Thibodeau v Air Canada
2014 SCC 67 [68]
Breach of language rights during international flight and conflicting legislation Wagner J
Febles v Canada (Citizenship and Immigration)
2014 SCC 68 [69]
Convention refugees and exclusion based on commission of serious crime prior to admission to country of refuge Cromwell J

2015 edit

Statistics
10
Majority or Plurality
1
Concurrence
0
Other
4
Dissent
3
Concurrence/dissent Total = 18
Written opinions = 16 Oral opinions = 2 Unanimous decisions = 4
Case name Issue Co-authored by Joined by
Meredith v Canada (AG)
2015 SCC 2 [70]
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
Saskatchewan Federation of Labour v Saskatchewan
2015 SCC 4 [72]
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
Loyola High School v Quebec (AG)
2015 SCC 12 [73]
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 LeBel, Cromwell and Karakatsanis JJ
Mouvement laïque québécois v Saguenay (City)
2015 SCC 16 [74]
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 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 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 Unanimous
Strickland v Canada (AG)
2015 SCC 37 [78]
Whether provincial superior courts have jurisdiction to address validity of federal child support guidelines Wagner J
Guindon v Canada
2015 SCC 41 [79]
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
R v MJB
2015 SCC 48 [81]
Reasonableness of trial verdict Cromwell, Moldaver and Brown JJ (oral)
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 Gascon J Cromwell, Moldaver, Karakatsanis and Wagner JJ
R v Hecimovic
2015 SCC 54 [83]
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 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 McLachlin CJ and Cromwell, Karakatsanis and Gascon JJ
MM v United States of America
2015 SCC 62 [86]
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 Karakatsanis and Côté JJ
R v McKenna
2015 SCC 63 [87]
Correctness of trial judge's jury charge Unanimous (oral)

2016 edit

Statistics
6
Majority or Plurality
0
Concurrence
0
Other
4
Dissent
2
Concurrence/dissent Total = 12
Written opinions = 11 Oral opinions = 1 Unanimous decisions = 2
Case name Issue Co-authored by Joined by
Carter v Canada (AG)
2016 SCC 4 [88]
Motion seeking an order extending the suspension of the declaration of constitutional invalidity issued in Carter v Canada (AG), 2015 SCC 5 Karakatsanis, Wagner, Gascon and Côté JJ
Daniels v Canada (Indian Affairs and Northern Development)
2016 SCC 12 [89]
Métis and non-status Indians under s. 91(24) of the Constitution Act, 1867 Unanimous
R v DLW
2016 SCC 22 [90]
Offence of bestiality
R v Saeed
2016 SCC 24 [91]
Unreasonable search and seizure under s. 8 of the Charter
Wilson v Atomic Energy of Canada Ltd
2016 SCC 29 [92]
Unjust dismissal of non-unionized employees under the Canada Labour Code
Lapointe Rosenstein Marchand Melançon LLP v Cassels Brock & Blackwell LLP
2016 SCC 30 [93]
Private international law – Choice of forum McLachlin CJ and Cromwell, Karakatsanis, Wagner and Gascon JJ
R v KRJ
2016 SCC 31 [94]
Sentencing and s. 11 of the Charter
R v Rowson
2016 SCC 40 [95]
Arbitrary detention, right to counsel and unreasonable search and seizure under the Charter Unanimous (oral)
Morasse v Nadeau-Dubois
2016 SCC 44 [96]
Offence of contempt of court Gascon J McLachlin CJ and Cromwell and Karakatsanis JJ
Alberta (Information and Privacy Commissioner) v University of Calgary
2016 SCC 53 [97]
Privacy, production of documents and solicitor–client privilege
Windsor (City of) v Canadian Transit Co
2016 SCC 54
[98]
Jurisdiction of courts
Canada (AG) v Fairmont Hotels Inc
2016 SCC 56 [99]
Contracts and rectification of written instrument recording prior agreement Côté J

2017 edit

Statistics
7
Majority or Plurality
2
Concurrence
0
Other
3
Dissent
0
Concurrence/dissent Total = 13
Written opinions = 9 Oral opinions = 4 Unanimous decisions = 2
Case name Issue Co-authored by Joined by
Ernst v Alberta Energy Regulator
2017 SCC 1 [100]
Freedom of expression and Charter damages
R v Clifford
2017 SCC 9 [101]
Similar fact evidence Moldaver, Karakatsanis, Wagner, Côté and Brown JJ (oral)
R v Brown
2017 SCC 10 [102]
Admission of fresh evidence and ordering new trials Unanimous (oral)
Green v Law Society of Manitoba
2017 SCC 18 [103]
Law of professions – Lawyers and continuing professional development Côté J
R v Hunt
2017 SCC 25 [104]
Constitutional law – stay of proceedings due to delay Unanimous (oral)
Quebec (Director of Criminal and Penal Prosecutions) v Jodoin
2017 SCC 26 [105]
Awarding of costs against a lawyer personally Côté J
Douez v Facebook, Inc
2017 SCC 33 [106]
Private international law – Jurisdiction
Google Inc v Equustek Solutions Inc
2017 SCC 34 [107]
Injunctions barring use and sale of intellectual property McLachlin CJ and Moldaver, Karakatsanis, Wagner, Gascon and Brown JJ
Teva Canada Ltd v TD Canada Trust
2017 SCC 51 [108]
Commercial law – Bills of exchange Moldaver, Karakatsanis, Gascon and Brown JJ
R v Robinson
2017 SCC 52 [109]
[DESCRIPTION] Moldaver, Karakatsanis, Wagner, Gascon and Rowe JJ (oral)
R v Millington
2017 SCC 53 [110]
[DESCRIPTION] XXXX Moldaver, Karakatsanis, Wagner, Gascon and Rowe JJ (oral)
R v Jones
2017 SCC 60 [111]
Constitutional law – Admissibility of evidence derived from unreasonable search and seizure
British Columbia (Human Rights Tribunal) v Schrenk
2017 SCC 61 [112]
Discrimination on basis of employment

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This is a list of all the reasons written by Rosalie Abella during her tenure as puisne justice of the Supreme Court of Canada Contents 1 2005 2 2006 3 2007 4 2008 5 2009 6 2010 7 2011 8 2012 9 2013 10 2014 11 2015 12 2016 13 20172005 edit2005 statistics6 Majority or Plurality 0 Concurrence 0 Other4 Dissent 0 Concurrence dissent Total 10Written opinions Oral opinions Unanimous decisions Case name Issue Co authored by Joined byR v Grandinetti 2005 SCC 5 1 Admissibility of confessions None UnanimousTsiaprailis v Canada 2005 SCC 8 2 Taxation disabled None Major and LeBel JJNova Scotia Minister of Health v JJ 2005 SCC 12 3 Family services adult care None UnanimousFederation des producteurs de volailles du Quebec v Pelland 2005 2005 SCC 20 4 Federalism provincial chicken market scheme None UnanimousPrebushewski v Dodge City Auto 1984 Ltd2005 SCC 28 5 Consumer protection None UnanimousR v GR 2005 SCC 45 6 Incest None Bastarache LeBel and Deschamps JJR v Turcotte2005 SCC 50 7 Common law right to silence None UnanimousHilewitz v Canada Minister of Citizenship and Immigration De Jong v Canada Minister of Citizenship and Immigration 2005 SCC 57 8 Inadmissible due to health reasons burden on social services None McLachlin CJ and Major Bastarache Binnie Fish and Charron JJ EB v Order of the Oblates of Mary Immaculate in the Province of British Columbia2005 SCC 60 9 Vicarious liability employment law None NoneR v RC2005 SCC 61 10 Forsensic DNA None LeBel and Charron JJ2006 editRosalie Abella 2006 statistics4 Majority or Plurality 2 Concurrence 0 Other1 Dissent 0 Concurrence dissent Total 7Written opinions 7 Oral opinions 0 Unanimous decisions 1Case name Issue Co Authored by Joined byCanada Human Rights Commission v Canadian Airlines International Ltd 2006 SCC 1 11 Statutory interpretation discrimination for unequal wages LeBel J McLachlin CJ and Bastarache Binnie Fish and Charron JJMultani v Commission scolaire Marguerite Bourgeoys2006 SCC 6 12 prohibiting religious weapons in school freedom of religion Deschamps J NoneTranchemontagne v Ontario Director Disability Support Program 2006 SCC 14 13 Jurisdiction of Human Rights Tribunals None LeBel and Deschamps JJR v Gagnon2006 SCC 17 14 Sufficiency of reasons given by trial judge Bastarache J LeBel JFidler v Sun Life Assurance Co of Canada 2006 SCC 30 15 Damages for breach of contract McLachlin CJ UnanimousGMAC Commercial Credit Corporation Canada v TCT Logistics Inc2006 SCC 35 16 Bankruptcy None McLachlin CJ and Bastarache Binnie LeBel Fish and Charron JJ DBS v SRG LJW v TAR Henry v Henry Hiemstra v Hiemstra 2006 SCC 37 17 Retroactive child support None Fish and Charron JJRobertson v Thomson Corp2006 SCC 43 18 Copyright infringement licensing None McLachlin CJ and Binnie and Charron JJPharmascience Inc v Binet2006 SCC 48 19 Professional ethics None Fish JR v Morris2006 SCC 59 20 Aboriginal treaty rights Deschamps J Binnie and Charron JJ2007 editThis section is empty You can help by adding to it March 2018 2008 editThis section is empty You can help by adding to it March 2018 2009 editThis section is empty You can help by adding to it March 2018 2010 editStatisticsXXXXX Majority or Plurality XXX Concurrence XXXX OtherXXXX Dissent XXXX Concurrence dissent Total XXXXXXWritten opinions XXX Oral opinions XXX Unanimous decisions XXXCase name Issue Co authored by Joined byXXX CITATIONS URL XXX XXX XXXXXX CITATIONS URL XXX XXX XXX2011 editStatisticsXXXXX Majority or Plurality XXX Concurrence XXXX OtherXXXX Dissent XXXX Concurrence dissent Total XXXXXXWritten opinions XXX Oral opinions XXX Unanimous decisions XXXCase name Issue Co authored by Joined byCelgene Corp v Canada AG 2011 SCC 1 URL Statutory interpretation of the Patent Act Reasonableness of Patented Medicine Prices Review Board s interpretation of the Patent Act UnanimousR v Carron 2011 SCC 5 21 Whether a superior court has inherent jurisdiction to grant interim costs in litigation taking place in the provincial court Bou Malhab v Diffusion Metromedia CMR inc 2011 SCC 9 22 Whether the representative plaintiff in a class action for defamation must prove that each group member suffered personal injury Ontario AG v Fraser 2011 SCC 20 23 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 R v O Brien 2011 SCC 29 24 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 McLachlin CJ and Deschamps Rothstein and Cromwell JJR v Sinclair 2011 SCC 40 25 XXX R v Topp 2011 SCC 43 26 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 UnanimousCrookes v Newton 2011 SCC 47 27 Tort of libel and slander Whether a hyperlink to an allegedly defamatory article in itself constitutes a publication Binnie LeBel Charron Rothstein and CromwellBritish 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 LeBel Deschamps Charron and Rothstein JJNewfoundland 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 UnanimousRP v RC 2011 SCC 65 30 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 Rothstein J Binnie LeBel and Deschamps JJLMP v LS 2011 SCC 64 31 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 Rothstein J Binnie LeBel and Deschamps JJ2012 editStatistics8 Majority or Plurality 1 Concurrence 0 Other3 Dissent 0 Concurrence dissent Total 12Written opinions 12 Oral opinions 0 Unanimous decisions 6Case name Issue Co authored by Joined byDore v Barreau du Quebec 2012 SCC 12 32 Judicial review and standard of review of law society disciplinary council Proper approach to judicial review of discretionary administrative decisions engaging Charter protections UnanimousTessier Ltee v Quebec Commission de la sante et de la securite 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 UnanimousR v Mayuran 2012 SCC 31 34 Defence of provocation UnanimousSociety 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 UnanimousRogers 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 JJAlberta 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 McLachlin CJ and LeBel Moldaver and Karakatsanis JJAB v Bragg Communications Inc 2012 SCC 46 39 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 UnanimousR v Cole 2012 SCC 53 40 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 UnanimousReference 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 Cromwell J Deschamps and Karakatsanis JJR v NS 2012 SCC 72 43 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 2013 editStatistics8 Majority or Plurality 0 Concurrence 0 Other3 Dissent 1 Concurrence dissent Total 12Written opinions 12 Oral opinions 0 Unanimous decisions 4Case name Issue Co authored by Joined byQuebec AG v A 2013 SCC 5 44 Discrimination based on marital status under s 15 1 of the Charter R v Named Person B 2013 SCC 9 45 Informer privilege and evidence McLachlin CJ and LeBel Fish Moldaver and Karakatsanis JJR v TELUS Communications Co 2013 SCC 16 46 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 LeBel and Fish JJPenner v Niagara Regional Police Services Board 2013 SCC 19 47 Issue estoppel administrative tribunal proceedings and civil proceedings LeBel J Rothstein JCommunications Energy and Paperworkers Union of Canada Local 30 v Irving Pulp amp Paper Ltd 2013 SCC 34 48 Labour arbitration and collective agreement management rights clauses LeBel Fish Cromwell Karakatsanis and Wagner JJSable Offshore Energy Inc v Ameron International Corp 2013 SCC 37 49 Settlement privilege and disclosure UnanimousDivito v Canada Public Safety and Emergency Preparedness 2013 SCC 47 50 Constitutional challenge of provisions of the International Transfer of Offenders Act under mobility rights under s 6 1 of the Charter Rothstein Cromwell Moldaver Karakatsanis and Wagner JJCastonguay Blasting Ltd v Ontario Environment 2013 SCC 52 51 Environmental law Failure to report discharge of contaminant into natural environment UnanimousR v Cairney 2013 SCC 55 52 Defence of provocation Fish JAlberta 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 UnanimousLa Souveraine Compagnie d assurance generale v Autorite des marches 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 Unanimous2014 editStatistics7 Majority or Plurality 1 Concurrence 0 Other5 Dissent 1 Concurrence dissent Total 14Written opinions 12 Oral opinions 2 Unanimous decisions 5Case name Issue Co authored by Joined byBernard v Canada AG 2014 SCC 13 56 Judicial review of labour arbitration decisions Cromwell J LeBel Karakatsanis and Wagner JJR v Babos 2014 SCC 16 57 Stay of proceedings and abuse of process R v Hutchinson 2014 SCC 19 58 Offence of sexual assault and consent Moldaver J Karakatsanis JReference Re Supreme Court Act ss 5 and 6 2014 SCC 21 59 Eligibility requirements to the Supreme Court of Canada McLachlin CJ and LeBel Cromwell Karakatsanis and Wagner JJ R v Vorkura 2014 SCC 22 60 Reasonableness of trial verdict Unanimous oral R v Clarke 2014 SCC 28 61 Sentencing and the interpretation of the Truth in Sentencing Act UnanimousR v Jackson 2014 SCC 30 62 Admissibility of evidence under judicial discretion Unanimous oral Dionne v Commission scolaire des Patriotes 2014 SCC 33 63 Occupational health and safety and the right to refuse unsafe work UnanimousCanada Citizenship and Immigration v Harkat 2014 SCC 37 64 Constitutionality of the security certificate scheme of the Immigration and Refugee Protection Act under s 7 of the Charter Cromwell J McCormick v Fasken Martineau DuMoulin LLP 2014 SCC 39 65 Whether an equity partner at a law firm is engaged in an employment relationship under the Human Rights Code UnanimousKazemi Estate v Islamic Republic of Iran 2014 SCC 62 66 Public international law and sovereign immunity Imperial Oil v Jacques 2014 SCC 66 67 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 Thibodeau v Air Canada 2014 SCC 67 68 Breach of language rights during international flight and conflicting legislation Wagner JFebles v Canada Citizenship and Immigration 2014 SCC 68 69 Convention refugees and exclusion based on commission of serious crime prior to admission to country of refuge Cromwell J2015 editStatistics10 Majority or Plurality 1 Concurrence 0 Other4 Dissent 3 Concurrence dissent Total 18Written opinions 16 Oral opinions 2 Unanimous decisions 4Case name Issue Co authored by Joined byMeredith v Canada AG 2015 SCC 2 70 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 Saskatchewan Federation of Labour v Saskatchewan 2015 SCC 4 72 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 JJLoyola High School v Quebec AG 2015 SCC 12 73 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 LeBel Cromwell and Karakatsanis JJMouvement laique quebecois v Saguenay City 2015 SCC 16 74 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 UnanimousYukon 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 UnanimousKahkewistahaw 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 UnanimousStrickland v Canada AG 2015 SCC 37 78 Whether provincial superior courts have jurisdiction to address validity of federal child support guidelines Wagner J Guindon v Canada 2015 SCC 41 79 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 JOntario 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 R v MJB 2015 SCC 48 81 Reasonableness of trial verdict Cromwell Moldaver and Brown JJ oral 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 Gascon J Cromwell Moldaver Karakatsanis and Wagner JJR v Hecimovic 2015 SCC 54 83 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 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 McLachlin CJ and Cromwell Karakatsanis and Gascon JJMM v United States of America 2015 SCC 62 86 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 Karakatsanis and Cote JJR v McKenna 2015 SCC 63 87 Correctness of trial judge s jury charge Unanimous oral 2016 editStatistics6 Majority or Plurality 0 Concurrence 0 Other4 Dissent 2 Concurrence dissent Total 12Written opinions 11 Oral opinions 1 Unanimous decisions 2Case name Issue Co authored by Joined byCarter v Canada AG 2016 SCC 4 88 Motion seeking an order extending the suspension of the declaration of constitutional invalidity issued in Carter v Canada AG 2015 SCC 5 Karakatsanis Wagner Gascon and Cote JJ Daniels v Canada Indian Affairs and Northern Development 2016 SCC 12 89 Metis and non status Indians under s 91 24 of the Constitution Act 1867 UnanimousR v DLW 2016 SCC 22 90 Offence of bestiality R v Saeed 2016 SCC 24 91 Unreasonable search and seizure under s 8 of the Charter Wilson v Atomic Energy of Canada Ltd 2016 SCC 29 92 Unjust dismissal of non unionized employees under the Canada Labour Code Lapointe Rosenstein Marchand Melancon LLP v Cassels Brock amp Blackwell LLP 2016 SCC 30 93 Private international law Choice of forum McLachlin CJ and Cromwell Karakatsanis Wagner and Gascon JJR v KRJ 2016 SCC 31 94 Sentencing and s 11 of the Charter R v Rowson 2016 SCC 40 95 Arbitrary detention right to counsel and unreasonable search and seizure under the Charter Unanimous oral Morasse v Nadeau Dubois 2016 SCC 44 96 Offence of contempt of court Gascon J McLachlin CJ and Cromwell and Karakatsanis JJAlberta Information and Privacy Commissioner v University of Calgary 2016 SCC 53 97 Privacy production of documents and solicitor client privilege Windsor City of v Canadian Transit Co 2016 SCC 54 98 Jurisdiction of courts Canada AG v Fairmont Hotels Inc 2016 SCC 56 99 Contracts and rectification of written instrument recording prior agreement Cote J2017 editStatistics7 Majority or Plurality 2 Concurrence 0 Other3 Dissent 0 Concurrence dissent Total 13Written opinions 9 Oral opinions 4 Unanimous decisions 2Case name Issue Co authored by Joined byErnst v Alberta Energy Regulator 2017 SCC 1 100 Freedom of expression and Charter damages R v Clifford 2017 SCC 9 101 Similar fact evidence Moldaver Karakatsanis Wagner Cote and Brown JJ oral R v Brown 2017 SCC 10 102 Admission of fresh evidence and ordering new trials Unanimous oral Green v Law Society of Manitoba 2017 SCC 18 103 Law of professions Lawyers and continuing professional development Cote JR v Hunt 2017 SCC 25 104 Constitutional law stay of proceedings due to delay Unanimous oral Quebec Director of Criminal and Penal Prosecutions v Jodoin 2017 SCC 26 105 Awarding of costs against a lawyer personally Cote J Douez v Facebook Inc 2017 SCC 33 106 Private international law Jurisdiction Google Inc v Equustek Solutions Inc 2017 SCC 34 107 Injunctions barring use and sale of intellectual property McLachlin CJ and Moldaver Karakatsanis Wagner Gascon and Brown JJTeva Canada Ltd v TD Canada Trust 2017 SCC 51 108 Commercial law Bills of exchange Moldaver Karakatsanis Gascon and Brown JJR v Robinson 2017 SCC 52 109 DESCRIPTION Moldaver Karakatsanis Wagner Gascon and Rowe JJ oral R v Millington 2017 SCC 53 110 DESCRIPTION XXXX Moldaver Karakatsanis Wagner Gascon and Rowe JJ oral R v Jones 2017 SCC 60 111 Constitutional law Admissibility of evidence derived from unreasonable search and seizure British Columbia Human Rights Tribunal v Schrenk 2017 SCC 61 112 Discrimination on basis of employment Retrieved from https en wikipedia org w index php title Reasons of the Supreme Court of Canada by Justice Abella amp oldid 1179656112, wikipedia, wiki, book, books, library,

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