2022 Reasons Of The Supreme Court Of Canada
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2022 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 during 2022. The table illustrates what reasons were filed by each justice in each case, and which justices joined each reason. Reasons , - , ''R v Stairs'', 2022 SCC 11 , November 2, 2021 , April 8, 2022 , style="background:#93db70", , style="background:#00cd00";text-align:center;", , style="background:#f00", , style="background:#00b2ee", , style="background:#ee9572", , style="background:#93db70", , style="background:#ee9572", , style="background:#93db70", , style="background:#00cd00";text-align:center;", , rowspan="10" style="background:grey" , , - , ''R v Tim'', 2022 SCC 12 , October 7, 2021 , April 8, 2022 , style="background:#93db70", , style="background:#93db70", , style="background:" , , style="background:#93db70", , style="background:#f00", , style="background:#93db70", , style="background:" , , style="background:#93db70", , ...
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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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Nicholas Kasirer
Nicholas Kasirer is a puisne justice of the Supreme Court of Canada. He was sworn into office on September 16, 2019. Kasirer was previously a justice with the Quebec Court of Appeal between 2009 and 2019. He is a graduate of the McGill University Faculty of Law, where he served as an editor for the ''McGill Law Journal'', and where he later served as a professor from 1989 to 2009 and dean of the Faculty from 2003 to 2009. He has written more than a dozen books on legal matters and taught classes on the law of obligations, property law, family law, and wills and estates law in both civil and common law. On July 10, 2019, Kasirer was nominated to the Supreme Court of Canada by Prime Minister Justin Trudeau. On August 7, 2019, he was officially appointed to the Supreme Court of Canada effective as of September 16, 2019. Books * Kasirer, Nicholas (2003), ''Le droit civil, avant tout un style?'', Montréal, Les Éditions Themis, Canada. Honorary degrees On September 22, 2012, the ...
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Peace River Hydro Partners V Petrowest Corp
is a case of the Supreme Court of Canada on the applicability of arbitration laws on the authority of a receiver appointed under the ''Bankruptcy and Insolvency Act''. Background Petrowest Corporation, together with Acciona and Samsung, formed Peace River Hydro Partners in 2015 as a partnership to perform work for BC Hydro on its Site C project site in northeastern British Columbia. At the time, Petrowest was reported to be experiencing difficulties in meeting its debt covenants. In 2017, Petrowest was ousted from the partnership, and its lenders subsequently obtained permission from the Court of Queen's Bench of Alberta to place it and all its affiliates into receivership. Ernst & Young was appointed as Receiver, and it also became the trustee in bankruptcy of the affiliates in 2018. The Receiver sued PRHP in the Supreme Court of British Columbia for amounts allegedly owed under the partnership agreement (together with connected purchase orders and subcontracting agreement), a ...
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R V Bissonnette
''R v Bissonnette'', 2022 SCC 23 is a landmark decision of the Supreme Court of Canada which held that life sentences without a realistic possibility of parole constituted cruel and unusual punishment. The Court unanimously struck down section 745.51 of the ''Criminal Code'', which gave sentencing judges the discretion to stack periods of parole ineligibility for multiple murders, for violating Section 12 of the Canadian Charter of Rights and Freedoms. The case arose in the sentencing for Quebec mosque shooter Alexandre Bissonnette and drew heavy media attention. Background Life sentences in Canada In Canada, life imprisonment exists as a criminal sentence for certain offences, and is mandatory for the offences of murder and high treason. An offender may apply for parole after serving a parole ineligibility period of 25 years for first-degree murder and high treason, and a judge-determined period between 10 and 25 years for second-degree murder. The mandatory sentences for ...
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R V Brown (2022)
''R v Brown'', 2022 SCC 18, is a decision of the Supreme Court of Canada on the constitutionality of section 33.1 of the ''Criminal Code'', which prohibited an accused from raising self-induced intoxication as a defence to criminal charges. The Court unanimously held that the section violated the ''Charter of Rights and Freedoms'' and struck it down as unconstitutional. The Court delivered the ''Brown'' decision alongside the decision for its companion case ''R v Sullivan''. The case was a successor to the Court's controversial 1994 landmark decision in ''R v Daviault'', which held the common law " Leary rule", which restricts intoxication from being used as a defence, while constitutional to the extent it relates to normal forms of intoxication, could not be justified as it related to extreme forms intoxication akin to automatism. The case had sparked outcry, which served as a catalyst for Parliament enacting section 33.1. Parliament would likewise respond to the ''Brown'' ruli ...
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R V Stairs
''R v Stairs'', 2022 SCC 11 is a constitutional rights decision of the Supreme Court of Canada. The Court established new standards for searches of a person's home after they have been arrested. At issue in the case was whether the traditional common law power of ''Search Incident to Arrest'', which allows police officers to engage in warrantless searches of lawfully arrested persons, was compliant with section 8 of the Charter of Rights and Freedoms as it related to searches of the home. All justices agreed that the traditional standard was not compliant with section 8, and needed to be modified as it related to searches of the home to be constitutional. But the majority and minority split 5-4 on how stringent the new modified standard should be, with the majority opting for one less stringent than what the minority proposed. Background Section 8 Section 8 of the Canadian Charter of Rights and Freedoms declares:Everyone has the right to be secure against unreasonable sea ...
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Michelle O'Bonsawin
Michelle O'Bonsawin (born 1973/1974) is a Canadian jurist serving as a puisne justice on the Supreme Court of Canada since September 1, 2022. Before her appointment to the Supreme Court, she served as a judge on the Ontario Superior Court of Justice from 2017 to 2022. O'Bonsawin is the first Indigenous Canadian to serve as a Supreme Court justice. Early life O'Bonsawin was born in Hanmer, Ontario, a Franco-Ontarian community near Sudbury in . Her father was a machinist and her mother worked as a teacher. She is a Franco-Ontarian and an Abenaki member of the Odanak First Nation. Early legal career O'Bonsawin began her legal career working for Royal Canadian Mounted Police legal services. O'Bonsawin worked as in-house counsel for Canada Post for nine years before she joined the Royal Ottawa Health Care Group in 2009. There she worked as general counsel and established its legal services department. She also appeared as counsel for the organization on mental-health cases befo ...
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Mahmud Jamal
Mahmud Jamal (born 1967) is a Canadian jurist serving as a puisne justice of the Supreme Court of Canada since 2021. Jamal worked as a partner at Osler, Hoskin & Harcourt and taught law at McGill University and Osgoode Hall Law School before he was appointed to the Court of Appeal for Ontario in 2019. He was nominated to the Supreme Court on June 17, 2021, taking office on July 1 to succeed Rosalie Abella. Jamal was born in Kenya to a family of South Asian origin, making him the first person from a visible minority group to serve as a justice of the Supreme Court. Early life and education Mahmud Jamal was born in 1967 in Nairobi, Kenya, to an Isma'ili family which had originally immigrated in the 19th century from Gujarat, British India, to East Africa during a railway construction boom. His family moved to England in 1969. In 1981, his family moved again, immigrating to Canada, settling in Edmonton, Alberta, where he graduated from Ross Sheppard High School. In 1984, Jamal s ...
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Sheilah Martin
Sheilah L. Martin is a puisne justice of the Supreme Court of Canada, having served in that role since December 18, 2017. She was nominated to the court by Prime Minister Justin Trudeau on November 29, 2017. Before her appointment to Canada's highest court, Martin had served on the Court of Appeal of Alberta, the Court of Appeal for the Northwest Territories, and the Court of Appeal of Nunavut since 2016, and the Court of King's Bench of Alberta from 2005 to 2016. Martin is considered an expert in judicial ethics. Early life and career Martin was born and raised in Montreal. She earned a Bachelor of Civil Law and a Bachelor of Common Law from McGill University in 1981. She then moved to Alberta to pursue her career. Martin was called to the Alberta Bar in 1989, and has mainly practiced in the province since. Martin earned a Master of Laws from the University of Alberta in 1983. Between 1982 and 1986, she worked as a researcher and law professor at the University of Calgary. ...
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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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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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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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