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2016 Reasons Of The Supreme Court Of Canada
The table below lists the decisions (known as reasons) delivered from the bench by the Supreme Court of Canada The Supreme Court of Canada (SCC; french: Cour suprême du Canada, CSC) is the Supreme court, highest court in the Court system of Canada, judicial system of Canada. It comprises List of Justices of the Supreme Court of Canada, nine justices, wh ... during 2016. The table illustrates what reasons were filed by each justice in each case, and which justices joined each reason. Reasons 2016 statistics References External links * 2016 decisionsCanLII
{{Supreme Court of Canada Supreme Court of Canada reasons by year
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List Of Supreme Court Of Canada Cases
The Supreme Court of Canada is the court of last resort and final appeal in Canada. Cases that are successfully appealed to the Court are generally of national importance. Once a case is decided the Court will publish written reasons for the decision that consist of one or more reasons from any number of the nine justices. Understanding the background of the cases, their reasons and the authorship can be important and insightful as each judge may have varying beliefs in legal theory and understanding. List of cases by Court era * List of Supreme Court of Canada cases (Richards Court through Fauteux Court): This list includes cases from the formation of the Court on April 8, 1875, through to the retirement of Gérald Fauteux on December 23, 1973. * List of Supreme Court of Canada cases (Laskin Court): This list includes cases from the rise of Bora Laskin through to his death on March 26, 1984. * List of Supreme Court of Canada cases (Dickson Court): This list includes cases from ...
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Malcolm Rowe
Malcolm H. Rowe (born 1953) is a Puisne Justice of the Supreme Court of Canada. Rowe is the first judge from Newfoundland and Labrador to sit on the Supreme Court. Early life and education Rowe was born in 1953 in St. John’s, Newfoundland and Labrador, to parents who grew up in the province's small fishing communities. Rowe attended Memorial University of Newfoundland, where he earned a Bachelor of Science and a Bachelor of Arts in political science. He studied at York University's Osgoode Hall Law School from 1975–78 and graduated with a Bachelor of Laws. Career Rowe was called to the bar by the Law Society of Newfoundland and Labrador in 1978 and The Law Society of Upper Canada (Ontario) in 1986. Before becoming a judge, Rowe worked in the Canadian foreign service. He also started his own private practice in Ottawa that focused on Canadian constitutional law, foreign affairs, and arbitration over maritime boundaries. He was an adviser for Progressive Conservative ca ...
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Clément Gascon
Clément Gascon (born September 5, 1960) is a Canadian jurist, who was nominated to the Supreme Court of Canada by Prime Minister Stephen Harper on June 3, 2014, and officially appointed the Court on June 9, 2014. He officially retired from the court on September 15, 2019. Born in 1960 to Dr. Bernard Gascon and Denyse Clément, Gascon graduated from Collège Jean-de-Brébeuf and McGill University. Gascon was admitted to the Quebec Bar in 1982 and in addition to his legal practice (in business, labour and construction law) was also a lecturer at Cégep de Saint-Jean-sur-Richelieu, Université du Québec à Montreal, McGill University and Bar of Quebec. Prior to his Supreme Court appointment, Gascon served on the Quebec Superior Court from 2002 to 2012, and the Quebec Court of Appeal from 2012 to 2014. He was previously a lawyer for the Montreal law firm Heenan Blaikie for 21 years. In June 2018, Gascon wrote for the majority of the court when it found that the Canadian Hum ...
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Thomas Cromwell (Canadian Jurist)
Thomas Albert Cromwell (born May 5, 1952) is a Canadian jurist and former Puisne Justice on the Supreme Court of Canada. After eleven years on the Nova Scotia Court of Appeal, Cromwell was nominated to succeed Michel Bastarache and occupy the seat traditionally reserved for Atlantic provinces on the Supreme Court of Canada by Prime Minister Stephen Harper and assumed office on December 22, 2008. Cromwell retired in September 2016, and was succeeded by Malcolm Rowe. Known as a centrist on Canada's highest court, his reasoning as a provincial appellate judge in '' R v Marshall; R v Bernard'' was adopted by unanimous decision in the landmark Aboriginal title case of '' Tsilhqot'in Nation v British Columbia'' in 2014 during his tenure. Early life and education Cromwell was born in Kingston, Ontario. He attended Queen's University where he earned a Bachelor of Music degree in 1973 and a law degree in 1976. He then earned a Bachelor of Civil Law degree at Exeter College, Oxford in 1 ...
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Chief Justice Of Canada
The chief justice of Canada (french: juge en chef du Canada) is the presiding judge of the nine-member Supreme Court of Canada, the highest judicial body in Canada. As such, the chief justice is the highest-ranking judge of the Canadian court system. The ''Supreme Court Act'' makes the chief justice, a Crown in Council appointment, meaning the Crown acting on the advice of the prime minister and minister of justice. The chief justice serves until they resign, turn 75 years old, die, or are removed from office for cause. By tradition, a new chief justice is chosen from among the court's incumbent puisne justices. The chief justice has significant influence in the procedural rules of the Court, presides when oral arguments are held, and leads the discussion of cases among the justices. The chief justice is also deputy governor general, ''ex-officio'' chairman of the Canadian Judicial Council, and heads the committee that selects recipients of the Order of Canada. Additionally, a ...
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R V Williamson
R v Williamson is a leading Supreme Court of Canada case in which the Court ruled that Section 3 the Charter of Rights and Freedoms prohibited undue delays in criminal proceedings. The right to be tried within reasonable time was, in Williamson's case, delayed nearly three years between the laying of charges and the end of trial. The justices weighed whether the accused’s right to be tried within reasonable time under s. 11(b) of Canadian Charter of Rights and Freedoms was infringed, and found a new framework for determining s. 11(b) infringement. The Court used the ratio decidendi of ''R v Jordan (2016)''. Background The case involved the sexual abuse of a minor (Ruttan) at the hands of a Queen's University Queen's or Queens University may refer to: *Queen's University at Kingston, Ontario, Canada *Queen's University Belfast, Northern Ireland, UK **Queen's University of Belfast (UK Parliament constituency) (1918–1950) **Queen's University of Belfast ... student (Williamso ...
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R V Jordan (2016)
''R. v. Jordan'' was a decision of the Supreme Court of Canada which rejected the framework traditionally used to determine whether an accused was tried within a reasonable time under section 11(b) of the Canadian Charter of Rights and Freedoms and replaced it with a presumptive ceiling of 18 months between the charges and the trial in a provincial court without preliminary inquiry, or 30 months in other cases. Background Section 11 of the Canadian Charter of Rights and Freedoms states that Prior to this ruling, a contextual framework set out in '' R v Morin'' was used. Barrett Richard Jordan was arrested in December 2008 and charged with various offences relating to possession and trafficking. He was released with restrictive bail conditions in February 2009. The preliminary inquiry was set to occur in May 2010, but there was not enough time for the Crown to present all its evidence, so further dates were set throughout 2010 and 2011. In May 2011, Jordan was committed to stand ...
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Daniels V Canada (Indian Affairs And Northern Development)
is a case of the Supreme Court of Canada, which ruled that Métis and non-status Indians are "Indians" for the purpose of s 91(24) of the ''Constitution Act, 1867''. Parties The plaintiffs were Harry Daniels, a Métis activist from Saskatchewan, who died before the case was heard; his son Gabriel; Leah Gardner, a non-status Indian from Ontario; Terry Joudrey, a non-status Indian from Nova Scotia; and the Congress of Aboriginal Peoples. The defendants were Her Majesty the Queen, as represented by the Minister of Indian Affairs and Northern Development, and the Attorney General of Canada. Federal Court Arguments The plaintiffs asked the court to declare: # that Métis and non-status Indians are "Indians" as the term is used in s 91(24) of the ''Constitution Act, 1867'', # that the Queen owes a fiduciary duty to them as such, # and that they have the right to be consulted by the federal government on a collective basis, respecting their rights, interests and needs as Abor ...
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Carter V Canada (AG)
''Carter v Canada (AG)'', 2015 SCC 5 is a landmark Supreme Court of Canada decision where the prohibition of assisted suicide was challenged as contrary to the ''Canadian Charter of Rights and Freedoms'' ("''Charter''") by several parties, including the family of Kay Carter, a woman suffering from degenerative spinal stenosis, and Gloria Taylor, a woman suffering from amyotrophic lateral sclerosis ("ALS").Carter v. Canada: The Death with Dignity Case
British Columbia Civil Liberties Association
In a unanimous decision on February 6, 2015, the Court struck down the provision in the '''', thereby giving Canadian adults who are mentally competent a ...
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Russell Brown (judge)
Russell S. Brown (born September 15, 1965) is a Puisne judge, puisne justice of the Supreme Court of Canada. He was nominated by Prime Minister of Canada, Prime Minister Stephen Harper to replace outgoing justice Marshall Rothstein and has been serving in the role since August 31, 2015. Prior to his appointment to the Supreme Court, he was a justice at the Court of Appeal of Alberta, Alberta Court of Appeal, and before that a law professor at the University of Alberta. Early life and education Brown has a Bachelor of Arts degree from the University of British Columbia in 1987 and a Bachelor of Laws degree from the University of Victoria in 1994. He also has a Master of Laws degree in 2003 and a Doctor of Juridical Science degree both from the University of Toronto in 2006. Career Brown was admitted to the Bar of British Columbia in 1995 and to the Bar of Alberta in 2008. Before being appointed a judge he was associate counsel to Miller Thomson LLP and an Associate Professor a ...
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Supreme Court Of Canada
The Supreme Court of Canada (SCC; french: Cour suprême du Canada, CSC) is the Supreme court, highest court in the Court system of Canada, judicial system of Canada. It comprises List of Justices of the Supreme Court of Canada, nine justices, whose decisions are the ultimate application of Canadian law, and grants permission to between 40 and 75 litigants each year to appeal decisions rendered by provincial, territorial and federal Appeal, appellate courts. The Supreme Court is bijural, hearing cases from two major legal traditions (common law and Civil law (legal system), civil law) and bilingual, hearing cases in both Official bilingualism in Canada, official languages of Canada (English language, English and French language, French). The effects of any judicial decision on the common law, on the interpretation of statutes, or on any other application of law, can, in effect, be nullified by legislation, unless the particular decision of the court in question involves applicatio ...
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Suzanne Côté
Suzanne Côté (born September 21, 1958) is a puisne justice of the Supreme Court of Canada. She was nominated by Prime Minister Stephen Harper to replace retiring justice Louis LeBel. Before her appointment to the Supreme Court, she was a partner at Osler, Hoskin & Harcourt LLP and previously Stikeman Elliott LLP in Montréal. She is the first woman appointed to the Supreme Court directly from private practice. Early life and education She had wanted to be a lawyer since age 11. While her mother wanted her to become a teacher, as a child Suzanne enjoyed reading about high-profile legal cases. Côté did her legal studies at the Faculté de droit de l'Université Laval. Career While a student, Côté worked at a small law firm in Gaspé. She bought half of her employer's practice. Côté was called to the Bar of Quebec in 1981. She went on to become a partner at Stikeman Elliott LLP in Montréal, and later Osler, Hoskin & Harcourt LLP. At Osler, Hoskin & Harcourt, she over ...
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