1. Key Cases in Canadian Charter History
Human Rights – History

2. Unreasonable search and seizure
Hunter v. Southam Inc. 1984
Unreasonable search and seizure

3. Innocent until proven guilty
R. vs. Oakes 1985
Innocent until proven guilty

4. B.C. Motor Vehicle Reference 1985
An automatic conviction carried a prison term of a minimum of seven days!

5. R. v. Collins 1987
Fundamental Justice

6. The SCC established that exclusion of illegally obtained evidence is not automatic

8. Morgentaler 1988
Abortion Laws

9. Notwithstanding Clause
Ford v. Quebec 1988
Notwithstanding Clause

10. R. v. J. 1990
Right to an attorney

11. Battered Wife Syndrome
R. v. Lavallee (1990)
Battered Wife Syndrome

12. R. v. Askov 1990
Right to be tried within a reasonable time Justice delayed is justice denied

13. R. vs. Stinchcombe 1991
Disclosure

14. “It was verified by the Service Station operator in Trenton that on August 9/67 Romeo Phillion had been in the service station between 12:00-1:00 p.m. and left his car radio there because he could not pay for the service call.
This made it impossible for him to return to Ottawa by 2:45 p.m. at the time the murder was committed.”
Romeo Phillion spent 31 years in prison and police knew he had a viable alibi

15. Gay Rights Old Age Spousal benefits
Egan v. Canada 1995
Gay Rights Old Age Spousal benefits

16. Students Charter Rights
R. v. M. 1998
Students Charter Rights

17. Quebec Secession Reference 1998

18. Bona Fide Occupational Requirement
B.C. v. BCGSEU 1999
Bona Fide Occupational Requirement

19. Gay Rights Common Law Benefits!
M. v. H. 1999
Gay Rights Common Law Benefits!

20. Limits on Freedom of Expression
R. v. Sharpe (2000)
Limits on Freedom of Expression

21. R. v. Golden 2001
Strip Searches

22. Rules for Strip Searches
The police must be looking for weapons or drugs
The search is authorized by a senior officer
The search is done by a same sex officer
Body cavity searches are done only by medical personnel

23. United States v. Burns 2001
Capital Punishment

24. Bill C-38
Gay Marriage 2005
On July 20, 2005 the House of Commons voted on and passed Bill C-38 making Canada the 4th country in the world to legalize gay marriages

25. Security Certificates
Charkaoui v. Canada 2007
Security Certificates

26. Telus
SCC rules the police need a warrant to obtain text messages from providers

27. R. v. Vu - 2013 Computer Searches
SCC states the police need a warrant to conduct a laptop or cellphone search.

28. Hassan Rasouli 2013
The SCC rules that doctors cannot unilaterally choose to end life support.

29. What’s Next?
Marijuana?
Polygamy?
Dr. Assisted Suicide?

30. Supreme Court of Canada Cases for Student Review
The Right Honourable Chief Justice of Canada, Beverley McLachlin
Justices of the Supreme Court of Canada

31. Charter Assignment
Students are to review Key Charter Cases PowerPoint. At the end of the PP there are 30 new cases to be analyzed. As a single or in pairs students will select a case, do a brief bit of research and put together a slide or two and brief 5 minute presentation on their topic.
Sue Rodriguez and Dr. Assisted Suicide

32. A one page case review will be submitted
A one page case review will be submitted. Included in the review will be:
A print out of the PP slide
A synopsis of the case
The decision of the SCC and vote count
A synopsis of the ratio decidendi
A synopsis of the dissenting view (where applicable)
A synopsis of obiter dictum (where applicable)
A personal view of the decision

33. Charter Assignment 2
Create a pamphlet promoting the Charter of Rights and one of the cases, approved by Mr. O’Reilly, at the end of the power point.
Your Rights as a Victim of Crime
Listen Up - Information for Young People

34. A one page case review will be submitted
A one page case review will be submitted. Included in the review will be:
A synopsis of the case
The decision of the SCC and vote count
A synopsis of the ratio decidendi
A synopsis of the dissenting view (where applicable)
A synopsis of obiter dictum (where applicable)
A personal view of the decision

35. 1 Tremblay v. Daigle, [1989] 2 S.C.R. 530
Legal status of fetus; fathers’ rights
2 R. v. Beatty, 2008 SCC 5
Dangerous driving
3 Citadel General Assurance Co. v. Vytlingam, 2007 SCC 46
Vehicle insurance coverage
4 Childs v. Desormeaux, 2006 SCC 18, [2006] 1 S.C.R. 643
Liability of social hosts
5 Leskun v. Leskun, 2006 SCC 25, [2006] 1 S.C.R. 920
Misconduct of spouses on divorce

36. 6 Young v. Bella, 2006 SCC 3, [2006] 1 S.C.R. 108
Negligence re: child abuse
7 R. v. Teskey, 2007 SCC 25
Judge’s written reasons delivered 11 months after verdict
8 R. v. Spencer, 2007 SCC 11, [2007] 1 S.C.R. 500
Voluntariness of confession
9 Madsen Estate v. Saylor, 2007 SCC 18, [2007] 1 S.C.R. 838
Joint accounts, right of survivorship; presumption of advancement
10 Alliance for Marriage and Family v. A.A., 2007 SCC 40
The matter of standing in family law case

37. 11 Reference re Same-Sex Marriage, 2004 SCC 79, [2004] 3 S.C.R. 698
Same-sex marriage
12 R. v. Krieger, 2006 SCC 47, [2006] 2 S.C.R. 501
Right to trial by jury
13 R. v. Clayton, 2007 SCC 32
Search and seizure; arbitrary detention
14 R. v. B.W.P.; R. v. B.V.N., 2006 SCC 27, [2006] 1 S.C.R. 941
Deterrence a principle of sentencing under YCJA?
15 R. v. Trotta, 2007 SCC 49
Evidence after conviction discrediting Crown’s expert witness

38. 16 R. v. Singh, 2007 SCC 48
Right to silence
17 R. v. Marshall, [1999] 3 S.C.R. 456
Treaty rights; fishing rights
18 R. v. Ewanchuk, [1999] 1 S.C.R. 330
Sexual assault; implied consent
19 Charkaoui v. Canada (Citizenship and Immigration), 2007 SCC 9, [2007]
1 S.C.R. 350
Certificates of inadmissibility; review of detention
20 Trinity Western University v. British Columbia College of Teachers,
2001 SCC 31, [2001] 1 S.C.R. 772
Discrimination on the basis of religion

39. 20 Trinity Western University v. British Columbia College of Teachers,
2001 SCC 31, [2001] 1 S.C.R. 772
Discrimination on the basis of religion
21 E.B. v. Order of the Oblates of Mary Immaculate in the Province of
British Columbia, 2005 SCC 60, [2005] 3 S.C.R. 45
Vicarious liability of employer
22 Canadian Foundation for Children, Youth and the Law v. Canada
(Attorney General), 2004 SCC 4, [2004] 1 S.C.R. 76
s.43 CC ~ Corporal Punishment (spanking)
23 Trociuk v. British Columbia (Attorney General), 2003 SCC 34, [2003] 1
S.C.R. 835
Birth registration laws violating s.15 equality rights of fathers
24 R. v. Ruzic, 2001 SCC 24, [2001] 1 S.C.R. 687
Defence of duress

40. 25 R. v. Latimer, 2001 SCC 1, [2001] 1 S.C.R. 3
Sentencing; minimum punishment cruel and unusual?
26 United States v. Burns, 2001 SCC 7, [2001] 1 S.C.R. 283
Extradition Ms. Rubacha
27 Pecore v. Pecore, 2007 SCC 17, [2007] 1 S.C.R. 795
Wills and estates
28 R. v. Mann, 2004 SCC 52, [2004] 3 S.C.R. 59
Search of pockets
29 D.B.S. v. S.R.G.; L.J.W. v. T.A.R.; Henry v. Henry; Hiemstra v.
Hiemstra, 2006 SCC 37, [2006] 2 S.C.R. 231
Retroactive child support

41. 30 R. v. Tessling, 2004 SCC 67, [2004] 3 S.C.R. 432
Search and seizure based on aerial heat imaging
31 Moge v. Moge, [1992] 3 S.C.R. 813
Termination of spousal support
32 R. v. Askov, [1990] 2 S.C.R. 1199
Delay in trial
33 R. v. Ferguson, 2008 SCC 6
Cruel and unusual punishment
34 Rodriguez v. British Columbia (Attorney General), [1993] 3 S.C.R. 519
Doctor assisted suicide
35. R. v. A.M., 2008 SCC 19
Drug Dogs in Schools
36. Gurbaj Singh Multani
Wearing a Kirpan (religious dagger at school)

42. Legal Topics for Police: Interrogations and Confessions http://www3