Canadian Caselaw

Court

Jurisdiction

Latest documents

• Lotfikazemi v. Canada (Citizenship and Immigration), 2024 FC 691

  [1] The applicant is a citizen of Iran. She holds a Ph.D. in Urban and Regional Planning.

• Dong v. Canada (Attorney General), 2024 FC 689

  [1] On December 6, 2023, the Applicant, Dexian Dong, filed a motion in writing pursuant to subsection 369(1) of the Federal Courts Rules, SOR/98-106 [Rules], titled “Motion to a Judge of the Federal Court” [Motion]. In their Motion, the Applicant – who is self-represented – seeks to set aside an order issued by Associate Judge Crinson, pursuant to Rule 51, allowing a party to appeal an order of an associate judge to a judge of the Court.

• Chuen v. Canada (Citizenship and Immigration), 2024 FC 690

  [1] Mr. Kin Chuen (the “Applicant”) seeks judicial review of the decision made by an officer (the “Officer”) of the Consulate General of Canada and Immigration, Refugee and Citizenship Canada refusing his application for permanent residence on grounds of inadmissibility pursuant to paragraph 37(1)(b) of the Immigration and Refugee Protection Act, S.C. 2001, c. 27 (the “Act”).

• Salt River First Nation #195 v. Heron, 2024 FCA 87

  [1] The appellant, Salt River First Nation #195 (SRFN), moves for an Order staying the Federal Court decision under appeal. It also seeks an interlocutory injunction prohibiting certain public statements relating to the issues in dispute.

• Salt River First Nation #195 v. Heron, 2024 FCA 88

  [1] The appellant, Salt River First Nation #195 (SRFN), moves for an Order staying the Federal Court decision under appeal. It also seeks an interlocutory injunction prohibiting certain public statements relating to the issues in dispute.

• Wong v. Canada (Citizenship and Immigration), 2024 FC 686

  [1] Ms Heather Wong began working as a librarian at the Toronto Public Library in 2019. During the COVID-19 pandemic, the library imposed a mandatory vaccination policy requiring employees to be fully vaccinated and to provide proof of vaccination. Those who failed to comply could be disciplined or even dismissed. Ms Wong did not comply with the policy because, based on her own research and scientific knowledge, she did not believe that vaccination mandates were effective.

• Naderiboroujeni v. Canada (Citizenship and Immigration), 2024 FC 684

  [1] This is an application for judicial review of a decision (the “Decision”) by an immigration officer (the “Officer”). The Decision denied the Applicant’s application for a work permit.

• Street v. Canada (Attorney General), 2024 FC 670

  [1] The applicant filed complaints under the recourse procedures of Canada Revenue Agency (“CRA”), alleging that she was arbitrarily assessed during a CRA staffing competition. Her complaints led to two decisions, which she now challenges in judicial review applications in this Court.

• Sierra Club Canada Foundation v. Canada (Environment and Climate Change), 2024 FCA 86

  [1] The appellants appeal from a judgment of the Federal Court, which dismissed two applications for judicial review: 2021 FC 1367 [FC Decision]. The first application challenged the validity of a report resulting from a regional assessment of offshore oil and gas exploratory drilling, conducted under the Impact Assessment Act, S.C. 2019, c. 28 (Act). The second application sought to quash a regulation made under the Act that exempts certain exploratory drilling activities from a number of impact assessment requirements.

• R. v. Tayo Tompouba, 2024 SCC 16

  [1]                             In Canada, s. 530 of the Criminal Code, R.S.C. 1985, c. C‑46 (“Cr. C.”), guarantees to every accused the right to be tried in the official language of their choice. This is a fundamental right of vital importance. It ensures equal access to the courts for accused persons who speak one of the two official languages and thereby assists in preserving the cultural identity of English and French linguistic minorities across the country.

Featured documents

• Hodgkinson v. Simms et al., (1994) 171 N.R. 245 (SCC)

  [1] La Forest, J. : This is a case of material nondisclosure in which the appellant alleges breach of fiduciary duty and breach of con­tract against the respondent in the perfor­mance of a contract for investment advice and other tax-related financial services. The respondent, Mr. Simms, was a...

• R. v. Morgentaler, (1988) 82 N.R. 1 (SCC)

  [1] Dickson, C.J.C. : The principal issue raised by this appeal is whether the abortion provisions of the Criminal Code infringe the "right to life, liberty and security of the person and the right not to be deprived thereof except in accordance with the principles of fundamental justice&quot...

• R. v. Généreux, (1992) 133 N.R. 241 (SCC)

  [1] Lamer, C.J.C. : This appeal involves a constitutional challenge, under ss. 7, 11(d) and 15 of the Canadian Charter of Rights and Freedoms , to the proceedings of a General Court Martial convened under the National Defence Act , R.S.C. 1985, c. N-5. The principal question raised in this case...

• R. v. Grant (D.), (2009) 391 N.R. 1 (SCC)

  [1] McLachlin, C.J.C., and Charron, J. : Mr. Grant appeals his convictions on a series of firearms offences, relating to a gun seized by police during an encounter on a Toronto sidewalk. The gun was entered as evidence against Mr. Grant and formed the basis of his convictions. The question on this...

• Housen v. Nikolaisen et al., 2002 SCC 33

  [1] Iacobucci and Major, JJ. : A proposi­tion that should be unnecessary to state is that a court of appeal should not interfere with a trial judge's reasons unless there is a palpable and overriding error. The same proposition is sometimes stated as prohibit­ing an appellate court from reviewing a ...

• British Columbia v. Canadian Forest Products Ltd., 2004 SCC 38

  [1] Binnnie, J. : In the summer of 1992, a forest fire swept through the Stone Creek area of the Interior of British Columbia about 35 kilometres south of Prince George. Approximately 1,491 hectares were burned over, including areas where the appellant Canadian Forest Products Ltd. ("Canfor&quo...

• New Brunswick (Board of Management) v. Dunsmuir, (2008) 329 N.B.R.(2d) 1 (SCC)

  [1] Bastarache and LeBel, JJ. : This appeal calls on the Court to consider, once again, the troubling question of the approach to be taken in judicial review of decisions of administrative tribunals. The recent history of judicial review in Canada has been marked by ebbs and flows of deference,...

• Reference Re Remuneration of Judges of the Provincial Court (P.E.I.), (1997) 156 Nfld. & P.E.I.R. 1 (SCC)

  [1] Lamer, C.J.C. : The four appeals handed down today - Reference Re Re­muneration of Judges of the Provincial Court (P.E.I.) (No. 24508), Reference re Independence and Impartiality of Judges of the Provincial Court of Prince Edward Island (No. 24778), R. v. Campbell, R. v. Ekmecic and R. v....

• R. v. Proulx (J.K.D.), 2000 SCC 5

  [1] Lamer, C.J.C. : By passing the Act to amend the Criminal Code (sentencing) and other Acts in consequence thereof , S.C. 1995, c. 22 ("Bill C-41"), Parliament has sent a clear message to all Canadian judges that too many people are being sent to prison. In an attempt to remedy the...

• R. v. C.A.M., (1996) 194 N.R. 321 (SCC)

  [1] Lamer, C.J.C. : In 1992, the respondent, C.A.M., pleaded guilty to numerous counts of sexual assault, incest, assault with a weapon, in addition to other lesser offences, arising from a largely uncontested pattern of sexual, physical and emotional abuse inflicted upon his children over a number ...