Supreme Court (Canada)
Sherman Estate v. Donovan, 2021 SCC 25
 This Court has been resolute in recognizing that the open court principle is protected by the constitutionally‑entrenched right of freedom of expression and, as such, it represents a central feature of a liberal democracy. As a general rule, the public can attend hearings and consult court files and the press — the eyes and ears of the public — is left free to...
Colucci v. Colucci, 2021 SCC 24
 This appeal centres on the appropriate framework for determining applications to retroactively decrease the amount of child support owing or forgive child support arrears under s. 17 of the Divorce Act, R.S.C. 1985, c. 3 (2nd Supp .). The amount of child support payable varies based on the payor parent’s income, and income often fluctuates. As a result,...
MediaQMI inc. v. Kamel, 2021 SCC 23
 The importance of the principle of open court proceedings is no longer a matter of controversy today. It will readily be agreed that, as one early author elegantly stated, justice is [translation] “a work of light and not of darkness”: J. Frain du Tremblay, Essais sur l’idée du parfait magistrat où l’on fait voir une partie des obligations des Juges (1701), at pp.
Ethiopian Orthodox Tewahedo Church of Canada St. Mary Cathedral v. Aga, 2021 SCC 22
 The respondents were expelled from the congregation of the Ethiopian Orthodox Tewahedo Church of Canada St. Mary Cathedral after a dispute arose about a movement within the church which some considered to be heretical. The respondents brought an action against the appellants, the church and members of its senior leadership, seeking a declaration that their...
- R. v. Morrow, 2021 SCC 21
R. v. G.F., 2021 SCC 20
 Consent is the foundational principle upon which Canada’s sexual assault laws are based. For decades, this Court has recognized that “control over who touches one’s body, and how, lies at the core of human dignity and autonomy”: R. v. Ewanchuk,  1 S.C.R. 330, at para. 28. As such, the contours of consent are carefully delineated and jealously guarded. It is...
R. v. C.P., 2021 SCC 19
 This is an appeal by a young person from a finding of guilt of sexual assault on the ground that the verdict was unreasonable. It is also a challenge to the constitutionality of s. 37(10) of the Youth Criminal Justice Act, S.C. 2002, c. 1 , which denies young persons rights of appeal available to all adults convicted of indictable offences, namely an automatic...
Ontario (Attorney General) v. Clark, 2021 SCC 18
 The issue in this appeal is whether prosecutorial immunity precludes misfeasance claims by police officers against Crown prosecutors for decisions they make in the exercise of their public duties.
R. v. Desautel, 2021 SCC 17
 Richard Lee Desautel entered Canada legally from the United States of America. He shot an elk contrary to provincial wildlife rules and advised provincial authorities that he had done so. As he expected, he was charged for this. He defended the charges on the basis that he had an Aboriginal right to hunt the elk, one which is protected by s. 35(1) of the...
- R. v. Smith, 2021 SCC 16
- R. v. Ramos, 2021 SCC 15
- R. v. Gul, 2021 SCC 14
- R. v. Sheikh, 2021 SCC 13
- R. v. Ghotra, 2021 SCC 12
Reference re Greenhouse Gas Pollution Pricing Act, 2021 SCC 11
 In 2018, Parliament enacted the Greenhouse Gas Pollution Pricing Act, S.C. 2018, c. 12, s. 186 (“GGPPA ”). Three provinces challenged the constitutionality of the GGPPA by references to their respective courts of appeal. The question divided the courts. In split decisions, the courts of appeal for Saskatchewan and Ontario held that the GGPPA is constitutional,...
R. v. R.V., 2021 SCC 10
 A jury renders inconsistent verdicts when it finds an accused both guilty and not guilty of the same conduct. The respondent, R.V., alleges that happened here. R.V. was charged with historical sexual offences against a single complainant. He was tried before a judge and jury. The jury convicted him of sexual interference under s. 151 of the Criminal Code, R.S.C. 19
R. v. Esseghaier, 2021 SCC 9
 In 1985, Parliament enacted s. 686(1) (b)(iv) of the Criminal Code, R.S.C. 1985, c. C‑46 , to allow courts of appeal to uphold a conviction where, despite a procedural irregularity at trial, the “trial court had jurisdiction over the class of offence” and the court of appeal was of the opinion that “the appellant suffered no prejudice” as a result of the error (Crim
- R. v. W.O., 2021 SCC 8
Wastech Services Ltd. v. Greater Vancouver Sewerage and Drainage District, 2021 SCC 7
 This appeal raises the issue of whether a common law duty of good faith performance applies in a long-term contract for waste removal in the greater Vancouver region. More specifically, it bears on how principles of good faith might preclude what one scholar has called the “abuse of contractual discretionary powers” (J. D. McCamus, The Law of Contracts (3rd ed. 202
R. v. T.J.M., 2021 SCC 6
 The narrow issue before us is this: does a justice of a superior court of criminal jurisdiction have jurisdiction to hear and adjudicate an application for judicial interim release of a young person charged with an offence listed in s. 469 of the Criminal Code, R.S.C. 1985, c. C‑46 ? And, if so, (1) under what circumstances? and (2) is such jurisdiction exclusive,
- R. v. Waterman, 2021 SCC 5
- R. v. Murtaza, 2021 SCC 4
- R. v. Deslauriers, 2021 SCC 3
- R. v. Yusuf, 2021 SCC 2
- Armstrong v. Ward, 2021 SCC 1
C.M. Callow Inc. v. Zollinger, 2020 SCC 45
 This appeal concerns a clause in a commercial winter maintenance agreement that permitted the clients to terminate the contract unilaterally, without cause, upon giving the contractor 10 days’ notice. The dispute does not turn on whether the clause represented a fair bargain between the parties. There is also no issue about the meaning of the termination clause....
Resolute FP Canada Inc. v. Hydro-Québec, 2020 SCC 43
 In 2011, the appellant, Resolute FP Canada Inc. (“Resolute”) — a forest products company — received an unexpected electricity bill. The respondent Hydro‑Québec, relying on a clause of a power contract dating from 1926, sought to significantly increase the price of electricity purchased from it by Resolute, citing taxes or charges Hydro‑Québec paid to the Quebec...
- R. v. Cortes Rivera, 2020 SCC 44
- R. v. W.M., 2020 SCC 42
- CO-Operators General Insurance Co. v. Sollio Groupe Coopératif, 2020 SCC 41