Reasons of the Supreme Court of Canada by Justice Abella

This is a list of all the reasons written by Rosalie Abella during her tenure as puisne justice of the Supreme Court of Canada.

2005

2005 statistics 6 Majority or Plurality 0 Concurrence 0 Other 4 Dissent 0 Concurrence/dissent Total = 10 Written opinions = ? Oral opinions = ? Unanimous decisions = ?

	Case name	Issue	Co-authored by	Joined by
	R v Grandinetti 2005 SCC 5	Admissibility of confessions	None	Unanimous
	Tsiaprailis v Canada 2005 SCC 8	Taxation; disabled	None	Major and LeBel JJ
	Nova Scotia (Minister of Health) v JJ 2005 SCC 12	Family services; adult care	None	Unanimous
	Fédération des producteurs de volailles du Québec v Pelland [2005] 2005 SCC 20	Federalism; provincial chicken market scheme	None	Unanimous
	Prebushewski v Dodge City Auto (1984) Ltd 2005 SCC 28	Consumer protection	None	Unanimous
	R v GR 2005 SCC 45	Incest	None	Bastarache, LeBel and Deschamps JJ
	R v Turcotte 2005 SCC 50	Common law right to silence	None	Unanimous
	Hilewitz v Canada (Minister of Citizenship and Immigration); De Jong v Canada (Minister of Citizenship and Immigration) 2005 SCC 57	Inadmissible due to health reasons, burden on social services	None	McLachlin CJ and Major, Bastarache, Binnie, Fish and Charron JJ.
	EB v Order of the Oblates of Mary Immaculate in the Province of British Columbia 2005 SCC 60	Vicarious liability; employment law	None	None
	R v RC 2005 SCC 61	Forsensic DNA	None	LeBel and Charron JJ

2006

Rosalie Abella 2006 statistics 4 Majority or Plurality 2 Concurrence 0 Other 1 Dissent 0 Concurrence/dissent Total = 7 Written opinions = 7 Oral opinions = 0 Unanimous decisions = 1

	Case name	Issue	Co-Authored by	Joined by
	Canada (Human Rights Commission) v Canadian Airlines International Ltd 2006 SCC 1	Statutory interpretation; discrimination for unequal wages	LeBel J	McLachlin CJ and Bastarache, Binnie, Fish and Charron JJ
	Multani v Commission scolaire Marguerite‑Bourgeoys 2006 SCC 6	prohibiting religious weapons in school; freedom of religion	Deschamps J	None
	Tranchemontagne v Ontario (Director, Disability Support Program) 2006 SCC 14	Jurisdiction of Human Rights Tribunals	None	LeBel and Deschamps JJ
	R v Gagnon 2006 SCC 17	Sufficiency of reasons given by trial judge	Bastarache J	LeBel J
	Fidler v Sun Life Assurance Co of Canada 2006 SCC 30	Damages for breach of contract	McLachlin CJ	Unanimous
	GMAC Commercial Credit Corporation – Canada v TCT Logistics Inc 2006 SCC 35	Bankruptcy	None	McLachlin CJ and Bastarache, Binnie, LeBel, Fish and Charron JJ.
	DBS v SRG; LJW v TAR; Henry v Henry; Hiemstra v Hiemstra 2006 SCC 37	Retroactive child support	None	Fish and Charron JJ
	Robertson v Thomson Corp 2006 SCC 43	Copyright infringement, licensing	None	McLachlin CJ and Binnie and Charron JJ
	Pharmascience Inc v Binet 2006 SCC 48	Professional ethics	None	Fish J
	R v Morris 2006 SCC 59	Aboriginal treaty rights	Deschamps J	Binnie and Charron JJ

2010

Statistics XXXXX Majority or Plurality XXX Concurrence XXXX Other XXXX Dissent XXXX Concurrence/dissent Total = XXXXXX Written opinions = XXX Oral opinions = XXX Unanimous decisions = XXX Case name Issue Co-authored by Joined by XXX CITATIONS [URL] XXX XXX XXX XXX CITATIONS [URL] XXX XXX XXX 2011 Statistics XXXXX Majority or Plurality XXX Concurrence XXXX Other XXXX Dissent XXXX Concurrence/dissent Total = XXXXXX Written opinions = XXX Oral opinions = XXX Unanimous decisions = XXX Case name Issue Co-authored by Joined by Celgene Corp v Canada (AG) 2011 SCC 1 [URL] Statutory interpretation of the Patent Act — Reasonableness of Patented Medicine Prices Review Board's interpretation of the Patent Act – Unanimous R v Carron 2011 SCC 5 Whether a superior court has inherent jurisdiction to grant interim costs in litigation taking place in the provincial court – – Bou Malhab v Diffusion Métromédia CMR inc 2011 SCC 9 Whether the representative plaintiff in a class action for defamation must prove that each group member suffered personal injury – – Ontario (AG) v Fraser 2011 SCC 20 Whether separate labour relations legislation governing agricultural workers in Ontario infringes freedom of association under s. 2(d) of the Charter by failing to establish a meaningful process of collective bargaining – – R v O'Brien 2011 SCC 29 Whether trial judge's error in not excluding bad character evidence and in not specifically addressing that evidence in his reasons caused a substantial wrong or a miscarriage of justice – McLachlin CJ and Deschamps, Rothstein and Cromwell JJ R v Sinclair 2011 SCC 40 XXX – – R v Topp 2011 SCC 43 Whether an offender is required to prove an inability to pay a fine corresponding to funds fraudulently obtained — Whether the trial judge was bound to impose a fine in light of the accused's failure to explain what happened to misappropriated funds – Unanimous Crookes v Newton 2011 SCC 47 Tort of libel and slander — Whether a hyperlink to an allegedly defamatory article in itself constitutes a publication – Binnie, LeBel, Charron, Rothstein and Cromwell British Columbia (Workers' Compensation Board) v Figliola 2011 SCC 52 The appropriate scope of a human rights tribunal's discretion to determine whether the substance of a complaint has been "appropriately dealt with" when two bodies share jurisdiction over human rights – LeBel, Deschamps, Charron and Rothstein JJ Newfoundland and Labrador Nurses' Union v Newfoundland and Labrador (Treasury Board) 2011 SCC 62 Whether reasons of tribunal satisfy Dunsmuir requirements for "justification, transparency and intelligibility" – Unanimous RP v RC 2011 SCC 65 Husband applying to terminate spousal support order on basis of his retirement and the market downturn, and whether the husband had established there had been a material change in circumstances since the original support order Rothstein J Binnie, LeBel and Deschamps JJ LMP v LS 2011 SCC 64 The proper approach to an application for variation of spousal support order under section 17(4.1) of the Divorce Act where support terms of agreement have been incorporated into an order Rothstein J Binnie, LeBel and Deschamps JJ 2012 Statistics 8 Majority or Plurality 1 Concurrence 0 Other 3 Dissent 0 Concurrence/dissent Total = 12 Written opinions = 12 Oral opinions = 0 Unanimous decisions = 6 Case name Issue Co-authored by Joined by Doré v Barreau du Québec 2012 SCC 12 Judicial review and standard of review of law society disciplinary council; Proper approach to judicial review of discretionary administrative decisions engaging Charter protections – Unanimous Tessier Ltée v Quebec (Commission de la santé et de la sécurité du travail) 2012 SCC 23 Division of powers and labour law; Whether stevedoring activities form part of federal jurisdiction over shipping under the Constitution Act, 1867 – Unanimous R v Mayuran 2012 SCC 31 Defence of provocation – Unanimous Society of Composers, Authors and Music Publishers of Canada v Bell Canada 2012 SCC 36 Intellectual property and whether the use of previews on online music services constitutes "fair dealing" under the federal Copyright Act – Unanimous Rogers Communications Inc v Society of Composers, Authors and Music Publishers of Canada 2012 SCC 35 Intellectual property and the whether streaming of files from the Internet triggered by individual users constitutes communication "to the public" of the musical workers contained therein by online music services who make the files available for streaming – – Entertainment Software Association v Society of Composers, Authors and Music Publishers of Canada 2012 SCC 34 Intellectual property and whether the transmission of musical works contained in a video game through an Internet download is a communication "to the public" under the federal Copyright Act Moldaver J McLachlin CJ and Deschamps and Karakatsanis JJ Alberta (Education) v Canadian Copyright Licensing Agency (Access Copyright) 2012 SCC 37 Intellectual property; Teachers making photocopies of excerpts of textbooks and other copyrighted works to distribute to students as part of class instruction, and whether elementary and secondary schools can claim the benefit of "fair dealing" exemption for copies of works made at teachers' initiative with instructive to students that they read the material – McLachlin CJ and LeBel, Moldaver and Karakatsanis JJ AB v Bragg Communications Inc 2012 SCC 46 Underage victim of cyberbullying applying for order requiring Internet provider to disclose the identity of persons using IP address to publish fake and allegedly defamatory online profile to identify potential defendants for an action in defamation, and whether the victim can proceed anonymously in application and seek publication ban on the contents of the fake profile – Unanimous R v Cole 2012 SCC 53 Whether a warrantless search and seizure of a laptop computer and disc containing Internet files breached accused right against unreasonable search and seizure under s. 8 of the Charter, and if so, whether the evidence ought to be excluded under s. 24(2) of the Charter; Whether accused had reasonable expectation of privacy in employer-issued work computer – – Moore v British Columbia (Education) 2012 SCC 61 Whether school district discriminated against student by failing to provide necessary remediation for disability contrary to s. 8 of the provincial Human Rights Code; What constitutes meaningful access to education for students with learning disabilities – Unanimous Reference re Broadcasting Regulatory Policy CRTC 2010-167 and Broadcasting Order CRTC 2010-168 2012 SCC 68 Whether the Canadian Radio-television and Telecommunications Commission has jurisdiction under the federal Broadcast Act to implement a policy empowering private local television stations to negotiate direct compensation for retransmission of signals by cable and satellite companies, as well as the right to prohibit such undertakings from retransmitting those signals if negotiations are unsuccessful Cromwell J Deschamps and Karakatsanis JJ R v NS 2012 SCC 72 Whether requiring witness to remove niqab while testifying would interfere with her religious freedom under s. 2(a) of the Charter; Whether permitting witness to wear niqab while testifying would create a serious risk to trial fairness under s. 11(d) of the Charter – – 2013 Statistics 8 Majority or Plurality 0 Concurrence 0 Other 3 Dissent 1 Concurrence/dissent Total = 12 Written opinions = 12 Oral opinions = 0 Unanimous decisions = 4 Case name Issue Co-authored by Joined by Quebec (AG) v A 2013 SCC 5 Discrimination based on marital status under s. 15(1) of the Charter – – R v Named Person B 2013 SCC 9 Informer privilege and evidence – McLachlin CJ and LeBel, Fish, Moldaver and Karakatsanis JJ R v TELUS Communications Co 2013 SCC 16 Whether the general warrant power under s. 487.01 of the Criminal Code can authorize prospective production of future text messages from telecommunications service provider's database – LeBel and Fish JJ Penner v Niagara (Regional Police Services Board) 2013 SCC 19 Issue estoppel: administrative tribunal proceedings and civil proceedings LeBel J Rothstein J Communications, Energy and Paperworkers Union of Canada, Local 30 v Irving Pulp & Paper, Ltd 2013 SCC 34 Labour arbitration and collective agreement management rights clauses – LeBel, Fish, Cromwell, Karakatsanis and Wagner JJ Sable Offshore Energy Inc v Ameron International Corp 2013 SCC 37 Settlement privilege and disclosure – Unanimous Divito v Canada (Public Safety and Emergency Preparedness) 2013 SCC 47 Constitutional challenge of provisions of the International Transfer of Offenders Act under mobility rights under s. 6(1) of the Charter – Rothstein, Cromwell, Moldaver, Karakatsanis and Wagner JJ Castonguay Blasting Ltd v Ontario (Environment) 2013 SCC 52 Environmental law – Failure to report discharge of contaminant into natural environment – Unanimous R v Cairney 2013 SCC 55 Defence of provocation – Fish J Alberta (Information and Privacy Commissioner) v United Food and Commercial Workers, Local 401 2013 SCC 62 Whether legislation restricting the collection, use and disclosure of personal information under the Personal Information Protection Act violates expressive rights under s. (b) of the Charter Cromwell J Unanimous La Souveraine, Compagnie d'assurance générale v Autorité des marchés financiers 2013 SCC 63 Provincial offences and strict liability under the Quebec Act respecting the distribution of financial products and services – – Katz Group Canada Inc v Ontario (Health and Long-Term Care) 2013 SCC 64 Whether regulations effectively banning the sale of private label drugs by pharmacies is ultra vires on the grounds they are inconsistent with the statutory scheme and mandate of the Ontario Drug Interchangeability and Dispensing Fee Act and Ontario Drug Benefit Act – Unanimous 2014 Statistics 7 Majority or Plurality 1 Concurrence 0 Other 5 Dissent 1 Concurrence/dissent Total = 14 Written opinions = 12 Oral opinions = 2 Unanimous decisions = 5 Case name Issue Co-authored by Joined by Bernard v Canada (AG) 2014 SCC 13 Judicial review of labour arbitration decisions Cromwell J LeBel, Karakatsanis and Wagner JJ R v Babos 2014 SCC 16 Stay of proceedings and abuse of process – – R v Hutchinson 2014 SCC 19 Offence of sexual assault and consent Moldaver J Karakatsanis J Reference Re Supreme Court Act, ss 5 and 6 2014 SCC 21 Eligibility requirements to the Supreme Court of Canada McLachlin CJ and LeBel, Cromwell, Karakatsanis and Wagner JJ – R v Vorkura 2014 SCC 22 Reasonableness of trial verdict – Unanimous (oral) R v Clarke 2014 SCC 28 Sentencing and the interpretation of the Truth in Sentencing Act – Unanimous R v Jackson 2014 SCC 30 Admissibility of evidence under judicial discretion – Unanimous (oral) Dionne v Commission scolaire des Patriotes 2014 SCC 33 Occupational health and safety and the right to refuse unsafe work – Unanimous Canada (Citizenship and Immigration) v Harkat 2014 SCC 37 Constitutionality of the security certificate scheme of the Immigration and Refugee Protection Act under s. 7 of the Charter Cromwell J – McCormick v Fasken Martineau DuMoulin LLP 2014 SCC 39 Whether an "equity partner" at a law firm is engaged in an "employment relationship" under the Human Rights Code – Unanimous Kazemi Estate v Islamic Republic of Iran 2014 SCC 62 Public international law and sovereign immunity – – Imperial Oil v Jacques 2014 SCC 66 Whether a party to a civil proceeding can request disclosure of recordings of private communications intercepted by the state in the course of a criminal investigation – – Thibodeau v Air Canada 2014 SCC 67 Breach of language rights during international flight and conflicting legislation – Wagner J Febles v Canada (Citizenship and Immigration) 2014 SCC 68 Convention refugees and exclusion based on commission of serious crime prior to admission to country of refuge – Cromwell J 2015 Statistics 10 Majority or Plurality 1 Concurrence 0 Other 4 Dissent 3 Concurrence/dissent Total = 18 Written opinions = 16 Oral opinions = 2 Unanimous decisions = 4 Case name Issue Co-authored by Joined by Meredith v Canada (AG) 2015 SCC 2 Whether the statutory limit on wages increases in the public sector under the Expenditure Restraint Act infringes claimants' rights to a meaningful process of collective bargaining under s. 2(d) of the Charter – – Tervita Corp v Canada (Commissioner of Competition 2015 SCC 3 Legal test for when a merger gives rise to a substantial prevention of competition under the Competition Act; Defence of statutory efficiencies – – Saskatchewan Federation of Labour v Saskatchewan 2015 SCC 4 Whether a right to strike is protected by freedom of association under s. 2(d) of the Charter; Whether prohibition on essential employees participating in strike action amounts to substantial interference with a meaningful process of collective bargaining – McLachlin CJ and LeBel, Cromwell and Karakatsanis JJ Loyola High School v Quebec (AG) 2015 SCC 12 Proper approach to judicial review of discretionary administrative decisions engaging Charter protections; Whether decision of Minister of Education, Recreation and Sports requiring a proposed alternative program being entirely secular in approach is reasonable given the statutory objectives of the program and s. 2(a) of the Charter, and whether the decision limits freedom of religion under s. 3 of the Quebec Charter of Human Rights and Freedoms – LeBel, Cromwell and Karakatsanis JJ Mouvement laïque québécois v Saguenay (City) 2015 SCC 16 Whether practice of members of municipal council regulated by a by-law and that consists of reciting prayer at start of each meeting of council is in breach of principle of religious neutrality of state and results in discriminatory interference with freedom of conscience and religion under the Quebec Charter of Human Rights and Freedoms; Whether a decision of the Quebec Human Rights Tribunal is subject to standards of review applicable to judicial review proceedings or to appellate standards – – Theratechnologies inc v 121851 Canada inc 2015 SCC 18 Securities and statutory disclosure obligations – Unanimous Yukon Francophone School Board, Education Area #23 v Yukon (AG) 2015 SCC 25 Whether trial judge's conduct and community involvement raised a reasonable apprehension of bias; Whether a school board can unilaterally decide to admit students who area not covered by s. 23 of the Charter – Unanimous Kahkewistahaw First Nation v Taypotat 2015 SCC 30 Whether eligibility requirement under the Kahkewistahaw Election Act requiring candidates for chief or band councillor to have at least a Grade 12 education violates the right to equality under s. 15(1) of the Charter – Unanimous Strickland v Canada (AG) 2015 SCC 37 Whether provincial superior courts have jurisdiction to address validity of federal child support guidelines Wagner J – Guindon v Canada 2015 SCC 41 Whether proceedings under s. 163.2 of the Income Tax Act imposing monetary penalties on every person who makes a false statement that could be used by another person for purposes under that Act are criminal in nature or lead to the imposition of true penal consequences; Whether an individual assessed for same penalties is a person "charged with an offence" within the meaning of s. 11 of the Charter Wagner J Karakatsanis J Ontario (Energy Board) v Ontario Power Generation Inc 2015 SCC 44 Whether Ontario Energy Board's utilities rate-setting decision to disallow $145 million in labour compensation costs related to utility's nuclear operations was a reasonable; Whether Ontario Energy Board acted improperly in pursuing appeal and in arguing in favour of the reasonableness of its own decision – – R v MJB 2015 SCC 48 Reasonableness of trial verdict – Cromwell, Moldaver and Brown JJ (oral) Saskatchewan (AG) v Lemare Lake Logging Ltd 2015 SCC 53 Whether provincial The Saskatchewan Farm Security Act is constitutionally inoperative when an application is made to appoint a national receiver under the federal Bankruptcy and Insolvency Act, by reason of the doctrine of federal paramountcy Gascon J Cromwell, Moldaver, Karakatsanis and Wagner JJ R v Hecimovic 2015 SCC 54 Whether the trial judge properly considered the conduct of the accused, charged with dangerous operation of a motor vehicle, in light of all relevant evidence in determining whether the accused's conduct was a marked departure form the requisite standard of care – Cromwell, Wagner, Gascon and Brown JJ (oral) Canadian Broadcasting Corp v SODRAC 2003 Inc 2015 SCC 57 Intellectual property and copyright – – Kanthasamy v Canada (Citizenship and Immigration) 2015 SCC 61 Whether decision of Minister of Citizenship and Immigration to deny relief to claimant seeking humanitarian and compassionate exemption to apply for permanent residence from within Canada was a reasonable exercise of humanitarian and compassionate discretion under the Immigration and Refugee Protection Act – McLachlin CJ and Cromwell, Karakatsanis and Gascon JJ MM v United States of America 2015 SCC 62 Whether extradition judge applied the correct principles in relation to double criminality and to own role in assessing the reliability and sufficiency of evidence; Whether extradition judge should consider evidence about possible defences and other exculpating circumstances in deciding whether to commit for extradition; Whether Minister of Justice gave appropriate consideration to the defence of necessity available under Canadian law but not available under the law of the requesting state; Whether Minister of Justice's decision to surrender for extradition was reasonable – Karakatsanis and Côté JJ R v McKenna 2015 SCC 63 Correctness of trial judge's jury charge – Unanimous (oral) 2016 Statistics 6 Majority or Plurality 0 Concurrence 0 Other 4 Dissent 2 Concurrence/dissent Total = 12 Written opinions = 11 Oral opinions = 1 Unanimous decisions = 2 Case name Issue Co-authored by Joined by Carter v Canada (AG) 2016 SCC 4 Motion seeking an order extending the suspension of the declaration of constitutional invalidity issued in Carter v Canada (AG), 2015 SCC 5 Karakatsanis, Wagner, Gascon and Côté JJ – Daniels v Canada (Indian Affairs and Northern Development) 2016 SCC 12 Métis and non-status Indians under s. 91(24) of the Constitution Act, 1867 – Unanimous R v DLW 2016 SCC 22 Offence of bestiality – – R v Saeed 2016 SCC 24 Unreasonable search and seizure under s. 8 of the Charter – – Wilson v Atomic Energy of Canada Ltd 2016 SCC 29 Unjust dismissal of non-unionized employees under the Canada Labour Code – – Lapointe Rosenstein Marchand Melançon LLP v Cassels Brock & Blackwell LLP 2016 SCC 30 Private international law – Choice of forum – McLachlin CJ and Cromwell, Karakatsanis, Wagner and Gascon JJ R v KRJ 2016 SCC 31 Sentencing and s. 11 of the Charter – – R v Rowson 2016 SCC 40 Arbitrary detention, right to counsel and unreasonable search and seizure under the Charter – Unanimous (oral) Morasse v Nadeau-Dubois 2016 SCC 44 Offence of contempt of court Gascon J McLachlin CJ and Cromwell and Karakatsanis JJ Alberta (Information and Privacy Commissioner) v University of Calgary 2016 SCC 53 Privacy, production of documents and solicitor–client privilege – – Windsor (City of) v Canadian Transit Co 2016 SCC 54 Jurisdiction of courts – – Canada (AG) v Fairmont Hotels Inc 2016 SCC 56 Contracts and rectification of written instrument recording prior agreement – Côté J 2017 Statistics 7 Majority or Plurality 2 Concurrence 0 Other 3 Dissent 0 Concurrence/dissent Total = 13 Written opinions = 9 Oral opinions = 4 Unanimous decisions = 2 Case name Issue Co-authored by Joined by Ernst v Alberta Energy Regulator 2017 SCC 1 Freedom of expression and Charter damages – – R v Clifford 2017 SCC 9 Similar fact evidence – Moldaver, Karakatsanis, Wagner, Côté and Brown JJ (oral) R v Brown 2017 SCC 10 Admission of fresh evidence and ordering new trials – Unanimous (oral) Green v Law Society of Manitoba 2017 SCC 18 Law of professions – Lawyers and continuing professional development – Côté J R v Hunt 2017 SCC 25 Constitutional law – stay of proceedings due to delay – Unanimous (oral) Quebec (Director of Criminal and Penal Prosecutions) v Jodoin 2017 SCC 26 Awarding of costs against a lawyer personally Côté J – Douez v Facebook, Inc 2017 SCC 33 Private international law – Jurisdiction – – Google Inc v Equustek Solutions Inc 2017 SCC 34 Injunctions barring use and sale of intellectual property – McLachlin CJ and Moldaver, Karakatsanis, Wagner, Gascon and Brown JJ Teva Canada Ltd v TD Canada Trust 2017 SCC 51 Commercial law – Bills of exchange – Moldaver, Karakatsanis, Gascon and Brown JJ R v Robinson 2017 SCC 52 [DESCRIPTION] – Moldaver, Karakatsanis, Wagner, Gascon and Rowe JJ (oral) R v Millington 2017 SCC 53 [DESCRIPTION] XXXX Moldaver, Karakatsanis, Wagner, Gascon and Rowe JJ (oral) R v Jones 2017 SCC 60 Constitutional law – Admissibility of evidence derived from unreasonable search and seizure – – British Columbia (Human Rights Tribunal) v Schrenk 2017 SCC 61 Discrimination on basis of employment – –