Reasons of the Supreme Court of Canada by Justice Karakatsanis

This is a list of the reasons written by Justice Karakatsanis during her tenure as puisne justice of the Supreme Court of Canada.

By year

2012

Statistics 4 Majority or Plurality 0 Concurrence 0 Other 0 Dissent 0 Concurrence/dissent Total = 4 Written opinions = 4 Oral opinions = 0 Unanimous decisions = 3 Case name Issue Co-authored by Joined by R v Tse 2012 SCC 16 [1] Whether s. 184.4 of the Criminal Code infringes the right to be free from unreasonable search and seizure under s. 8 of the Charter Moldaver J Unanimous R v Maybin 2012 SCC 24 [2] Criminal law – Causation and intervening acts – Unanimous Southcott Estates Inc v Toronto Catholic District School Board 2012 SCC 51 [3] Contracts – Whether plaintiff seeking specific performance has obligation to mitigate losses – LeBel, Deschamps, Abella, Rothstein and Cromwell JJ R v Davey 2012 SCC 75 [4] Whether it was appropriate for the Crown to seek personal opinions of local police officers as to the "suitability" of prospective jurors for use in exercise of peremptory challenges; Whether there should have been disclosure of same to the defence; Whether there is a reasonable possibility that such conduct affected trial fairness or gave rise to an appearance of unfairness, such that a miscarriage of justice occurred – Unanimous 2013 Statistics 9 Majority or Plurality 1 Concurrence 0 Other 3 Dissent 0 Concurrence/dissent Total = 13 Written opinions = 13 Oral opinions = 0 Unanimous decisions = 4 Case name Issue Co-authored by Joined by R v Sanichar 2013 SCC 4 [5] Whether appellate court erred in setting aside convictions and ordering a new trial – McLachlin CJ and Abella, Rothstein, Moldaver and Wagner JJ Manitoba Metis Federation Inc v Canada (AG) 2013 SCC 14 [6] Aboriginal law and the honour of the Crown McLachlin CJ LeBel, Fish, Abella and Cromwell JJ Penner v Niagara (Regional Police Services Board) 2013 SCC 19 [7] Issue estoppel: administrative tribunal proceedings and civil proceedings Cromwell J McLachlin CJ and Fish J R v Vuradin 2013 SCC 38 [8] Whether trial judge's reasons for judgment were sufficient and whether trial judge properly applied the burden of proof in a criminal case – Unanimous R v Youvarajah 2013 SCC 41 [9] Admissibility of hearsay evidence: prior inconsistent statements – McLachlin CJ and Fish, Abella and Cromwell JJ Conseil scolaire francophone de la Colombie-Britannique v British Columbia 2013 SCC 42 [10] Civil procedure – Admissibility of affidavits in languages other than English under 1731 English Act received into British Columbia law providing English as language of court "proceedings" – LeBel and Abella JJ Ontario v Criminal Lawyers' Association of Ontario 2013 SCC 43 [11] Jurisdiction of courts – Whether superior and statutory courts have inherent jurisdiction to determine the rate of remuneration of amici curiae – McLachlin CJ and Rothstein, Moldaver and Wagner JJ Marine Services International Ltd v Ryan Estate 2013 SCC 44 [12] Division of powers – Whether negligence action brought by dependents under federal maritime legislation is prohibited by provincial workers' compensation legislation LeBel J Unanimous R v Chehil 2013 SCC 49 [13] Unreasonable search and seizure under s. 8 of the Charter and whether police had reasonable grounds to suspect the accused was involved in a drug-related offence – Unanimous Cuthbertson v Rasouli 2013 SCC 53 [14] Health law – Consent to withdrawal of treatment; whether withdrawal constitutes "treatment" under Ontario Health Care Consent Act – Abella J Sun-Rype Products Ltd v Archer Daniels Midland Co 2013 SCC 58 [15] Civil procedure – Certification of class actions – Cromwell J McLean v British Columbia (Securities Commission) 2013 SCC 67 [16] Judicial review and standard of review of securities commission decision – – R v McRae 2013 SCC 68 [17] Offence of uttering threats Cromwell J Unanimous 2014 2014 statistics 9 Majority or Plurality 2 Concurrence 0 Other 2 Dissent 0 Concurrence/dissent Total = 13 Written opinions = 11 Oral opinions = 2 Unanimous decisions = 8 Case name Issue Co-authored by Joined by Hryniak v Mauldin 2014 SCC 7 [18] Summary judgments – Unanimous Bruno Appliance and Furniture, Inc v Hryniak 2014 SCC 8 [19] Summary judgments – Unanimous Reference Re Supreme Court Act, ss 5 and 6 2014 SCC 21 [20] Eligibility requirements to the Supreme Court of Canada McLachlin CJ and LeBel, Abella, Cromwell and Wagner JJ – Martin v Alberta (Workers' Compensation Board) 2014 SCC 25 [21] Judicial review of workers' compensation decision – Unanimous R v Summers 2014 SCC 26 [22] Sentencing and credit for pre-sentence detention under the Criminal Code – Unanimous R v Carvery 2014 SCC 27 [23] Sentencing and credit for pre-sentence detention under the Criminal Code – Unanimous R v Quesnelle 2014 SCC 46 [24] Whether police occurrence reports prepared in the investigation of unrelated incidents involving a complainant or witness are "records" within the meaning of s. 278.1 of the Criminal Code – Unanimous R v Hart 2014 SCC 52 [25] Admissibility of "Mr. Big" confessions – – R v Conception 2014 SCC 60 [26] Mental disorders and dispositions by a court or review board – McLachlin CJ and Moldaver and Wagner JJ British Columbia Teachers' Federation v British Columbia School Employers' Association 2014 SCC 70 [27] Judicial review of labour arbitration – Unanimous (oral) Wakeling v United States of America 2014 SCC 72 [28] Unreasonable search and seizure under s. 8 of the Charter and the disclosure of intercepted private communications without consent – Abella and Cromwell JJ R v Wilcox 2014 SCC 75 [29] Offence of aggravated sexual assault and credibility of complainant – Unanimous (oral) R v Fearon 2014 SCC 77 [30] Unreasonable search and seizure and search incident to arrest under s. 8 of the Charter – LeBel and Abella JJ 2015 Statistics 7 Majority or Plurality 1 Concurrence 0 Other 2 Dissent 1 Concurrence/dissent Total 11 Written opinions = XXX Oral opinions = XXX Unanimous decisions = 3 Case name Issue Co-authored by Joined by Tervita Corp v Canada (Commissioner of Competition 2015 SCC 3 [31] Legal test for when a merger gives rise to a substantial prevention of competition under the Competition Act; Defence of statutory efficiencies – – R v Grant 2015 SCC 9 [32] Appropriate framework for determining the admissibility of defence-led evidence concerning an unknown third-party suspect – Unanimous Quebec (AG) v Canada (AG) 2015 SCC 14 [33] Whether federal legislation abolishing the long-gun registry also containing provision requiring the destruction of long-gun registration data is ultra vires the criminal law power of Parliament under s. 91(27) of the Constitution Act, 1867 Cromwell J McLachlin CJ and Rothstein and Moldaver JJ Association des parents de l'école Rose-des-vents v British Columbia (Education) 2015 SCC 21 [34] Minority language education rights and the manner in which courts should assess whether children of rights holders are provided with an educational experience equivalent to that provided in schools of the linguistic majority of the province or territory; Whether a finding of a lack of equivalence amounts to a breach of s. 23 of the Charter – Unanimous Henry v British Columbia (AG) 2015 SCC 24 [35] 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 McLachlin CJ – R v Kokopenace 2015 SCC 28 [36] Appropriate legal test for representativeness on jury roll; Jury representativeness under ss. 11(d) and (f) and 15 of the Charter – – R v Barabash 2015 SCC 29 [37] Offence of child pornography and whether the "private use" exception under s 163.1 of the Criminal Code requires a separate and additional inquiry into the minors' exploitation, or whether an exploitation inquiry is included under the lawfulness inquiry – Unanimous Goodwin v British Columbia (Superintendent of Motor Vehicles) 2015 SCC 46 [38] Whether an automatic roadside prohibition scheme enacted under s. 92(13) of the Constitution Act, 1867 is ultra vires provincial authority as being exclusively within federal government's criminal law power under s. 91(27) of the Constitution Act, 1867; Whether same automatic roadside prohibition regime creates an offence within the meaning of s. 11 of the Charter and infringes the presumption of innocence under s. 11(d) of same; Whether same automatic roadside prohibition scheme infringes the right to be secure against unreasonable search and seizure under s. 8 of the Charter – Cromwell, Moldaver, Wagner, Gascon and Côté JJ Caron v Alberta 2015 SCC 56 [39] Whether provincial Languages Act is ultra vires or inoperative insofar that by requiring provincial laws and regulates to be enacted, printed and published in English only, it abrogates the constitutional duty owed by Alberta to enact, print and publish its laws and regulations in both English and French in Rupert's Land and North-Western Territory Order (1870) Cromwell J McLachlin CJ and Rothstein, Moldaver and Gascon JJ Canadian Broadcasting Corp v SODRAC 2003 Inc 2015 SCC 57 [40] Intellectual property and copyright – – Canadian Imperial Bank of Commerce v Green 2015 SCC 60 [41] Limitation period of class actions – Moldaver and Gascon JJ Tervita Corp v Canada (Commissioner of Competition), 2015 SCC 3 (dissent) R v Grant, 2015 SCC 9 (unanimous) Quebec (AG) v Canada (AG), 2015 SCC 14 (majority) Association des parents de l'école Rose-des-vents v British Columbia, 2015 SCC 21 (unanimous) Henry v British Columbia (AG), 2015 SCC 24 (concurrence) R v Kokopenace, 2015 SCC 28 (concurrence) R v Barabash, 2015 SCC 29 (unanimous) Goodwin v British Columbia (Superintendent of Motor Vehicles), 2015 SCC 46 (majority) Caron v Alberta, 2015 SCC 56 (majority) Canadian Broadcasting Corp v SODRAC 2003 Inc, 2015 SCC 57 (dissent) Canadian Imperial Bank of Commerce v Green, 2015 SCC 60 (majority in CIBC and IMAX; dissent in part in Celestica) 2016 2016 statistics 8 Majority or Plurality 1 Concurrence 0 Other 0 Dissent 1 Concurrence/dissent Total = 10 Written opinions = 10 Oral opinions = 0 Unanimous decisions = 1 Case name Issue Co-authored by Joined by Carter v Canada (AG) 2016 SCC 4 [42] Motion seeking an order extending the suspension of the declaration of constitutional invalidity issued in Carter v Canada (AG), 2015 SCC 5 Abella, Wagner, Gascon and Côté JJ – R v Saeed 2016 SCC 24 [43] Unreasonable search and seizure under s. 8 of the Charter – – R v Williamson 2016 SCC 28 [44] Right to be tried within a reasonable time under s. 11 of the Charter Moldaver and Brown JJ Abella and Côté JJ R v Jordan 2016 SCC 27 [45] Right to be tried within a reasonable time under s. 11 of the Charter Moldaver and Brown JJ Abella and Côté JJ Wilson v Atomic Energy of Canada Ltd 2016 SCC 29 [46] Unjust dismissal of non-unionized employees under the Canada Labour Code McLachlin CJ and Wagner and Gascon JJ – R v KRJ 2016 SCC 31 [47] Sentencing and s. 11 of the Charter – McLachlin CJ and Cromwell, Moldaver, Wagner, Gascon and Côté JJ Conférence des juges de paix magistrats du Québec v Quebec (AG) 2016 SCC 39 [48] Provincial legislation amending status of justices of the peace; judicial independence Wagner and Côté JJ Unanimous R v Diamond 2016 SCC 46 [49] [DESCRIPTION] – Wagner and Brown JJ Edmonton (City of) v Edmonton East (Capilano) Shopping Centres Ltd 2016 SCC 47 [50] Municipal property assessment for taxation purposes – Abella, Cromwell, Wagner and Gascon JJ Windsor (City of) v Canadian Transit Co 2016 SCC 54 [51] Jurisdiction of courts – McLachlin CJ and Cromwell, Wagner and Gascon JJ 2017 2017 statistics 9 Majority or Plurality 0 Concurrence 0 Other 1 Dissent 1 Concurrence/dissent Total = 11 Written opinions = 9 Oral opinions = 2 Unanimous decisions = 6 Case name Issue Co-authored by Joined by Sabean v Portage La Prairie Mutual Insurance Co 2017 SCC 7 [52] Automobile insurance – Unanimous R v Olotu 2017 SCC 11 [53] Criminal law – Misapprehension of evidence – Unanimous (oral) R v Bingley 2017 SCC 12 [54] Expert opinion evidence – Gascon J Pintea v Johns 2017 SCC 23 [55] Contempt of court – Unanimous (oral) Douez v Facebook, Inc 2017 SCC 33 [56] Private intentional law – Jurisdiction Wagner and Gascon JJ – R v Bradshaw 2017 SCC 35 [57] Admissibility of hearsay evidence – McLachlin CJ and Abella, Wagner and Brown JJ Clyde River (Hamlet of) v Petroleum Geo-Services Inc 2017 SCC 40 [58] Aboriginal treaty rights and the Crown's duty to consult Brown J Unanimous Chippewas of the Thames First Nation v Enbridge Pipelines Inc 2017 SCC 41 [59] Aboriginal treaty rights and the Crown's duty to consult Brown J Unanimous Association of Justice Counsel v Canada (AG) 2017 SCC 55 [60] Judicial review of a labour arbitrator's interpretation of a collective agreement and management rights clause – McLachlin CJ and Abella, Wagner, Gascon, Brown and Rowe JJ First Nation of Nacho Nyak Dun v Yukon 2017 SCC 58 [61] Aboriginal treaty rights and honour of the Crown – Unanimous R v Boutilier 2017 SCC 64 [62] Constitutional law – Fundamental justice and sentencing – –