Reasons of the Supreme Court of Canada by Justice Deschamps

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This is a list of all the opinions written by Marie Deschamps during her tenure as puisne justice of the Supreme Court of Canada.

2003[]

Marie Deschamps 2003 statistics
3
Majority or Plurality
1
Concurrence
0
Other
4
Dissent
3
Concurrence/dissent Total = 11
Written opinions = ? Oral opinions = ? Unanimous opinions = ?
Case name Issue Co-authored by Joined by

[2003] 1 S.C.R. 94; 2003 SCC 9 [1] 		Income tax None Gonthier J.

[2003] 1 S.C.R. 666; 2003 SCC 31 [2] 		Movable hypothec; Quebec Civil Code None Binnie and LeBel JJ.
Trociuk v. British Columbia (Attorney General)
[2003] 1 S.C.R. 835; 2003 SCC 34 [3] 		Equality rights; vital statistics; Charter None Unanimous

[2003] 2 S.C.R. 259; 2003 SCC 45 [4] 		Reasonable apprehension of bias; Supreme Court judgments McLachlin C.J. and Gonthier, Iacobucci, Major, Bastarache, Arbour and LeBel JJ. None
Doucet-Boudreau v. Nova Scotia (Minister of Education)
[2003] 3 S.C.R. 3; 2003 SCC 62 [5] 		Remedy and enforcement of Charter breaches LeBel J. Major and Binnie JJ.

[2003] 3 S.C.R. 160; 2003 SCC 66 [6] 		Bulk sales; commercial law None LeBel J.

[2003] 3 S.C.R. 193; 2003 SCC 67 [7] 		Searching lawyer's office; solicitor-client privilege None None

[2003] 3 S.C.R. 228; 2003 SCC 68 [8] 		Charter; discrimination based on criminal record None Gonthier, Iacobucci, Binnie, Arbour and LeBel JJ.

[2003] 3 S.C.R. 530; 2003 SCC 73 [9] 		Conditional sentencing None None
R. v. Malmo-Levine; R. v. Caine
[2003] 3 S.C.R. 571; 2003 SCC 74 [10] 		Charter; security of person; equality rights; federalism; criminalization of marijuana None None
R. v. Clay
[2003] 3 S.C.R. 735; 2003 SCC 75 [11] 		None None

2004[]

Marie Deschamps 2004 statistics
7
Majority or Plurality
0
Concurrence
0
Other
3
Dissent
2
Concurrence/dissent Total = 12
Written opinions = ? Oral opinions = ? Unanimous opinions = ?
Case name Issue Co-authored by Joined by

[2004] 1 S.C.R. 3; 2004 SCC 1 [12] 		Professional liability None None
Canadian Foundation for Children, Youth and the Law v. Canada (Attorney General)
[2004] 1 S.C.R. 76; 2004 SCC 4 [13] 		Charter sections 7 and 15; spanking None None

[2004] 1 S.C.R. 315; 2004 SCC 10 [14] 		Tort damages None Unanimous

[2004] 1 S.C.R. 550; 2004 SCC 22 [15] 		Marriage contracts; family assets; maintenance None Binnie and LeBel JJ.

[2004] 1 S.C.R. 758; 2004 SCC 29 [16] 		Statutory interpretation; trusts None Unanimous

[2004] 2 S.C.R. 45; 2004 SCC 37 [17] 		Default; Quebec Civil Code None Bastarache J.
R. v. Mann
[2004] 3 S.C.R. 59; 2004 SCC 52 [18] 		Charter; search and seizure; police investigatory powers None Bastarache J.

[2004] 3 S.C.R. 152; 2004 SCC 54 [19] 		Pensions; judicial review None Unanimous

[2004] 3 S.C.R. 248; 2004 SCC 58 [20] 		Lawyer conflict of interest None Unanimous

[2004] 3 S.C.R. 285; 2004 SCC 60 [21] 		Interruption of public services None McLachlin C.J. and Bastarache and Binnie JJ.

[2004] 3 S.C.R. 304; 2004 SCC 61 [22] 		Municipal zoning and immunity None McLachlin C.J. and Bastarache and Binnie JJ.
Peoples Department Stores Inc. (Trustee of) v. Wise
[2004] 3 S.C.R. 461; 2004 SCC 68 [23] 		Director liability; duty of care Major J. Unanimous

2005[]

Marie Deschamps 2005 statistics
7
Majority or Plurality
0
Concurrence
0
Other
3
Dissent
0
Concurrence/dissent Total = 10
Written opinions = ? Oral opinions = ? Unanimous opinions = ?
Case name Issue Co-authored by Joined by
Chaoulli v. Quebec (Attorney General)
[2005] 1 S.C.R. 791; 2005 SCC 35 [24] 		Charter; security of person; private health insurance None None
Mugesera v. Canada (Minister of Citizenship and Immigration)
[2005] 2 S.C.R. 100; 2005 SCC 40 [25] 		Judicial review; deportation; crimes against humanity McLachlin C.J. and Major, Bastarache, Binnie, LeBel, Fish and Charron JJ. None

[2005] 2 S.C.R. 564; 2005 SCC 52 [26] 		Bankruptcy None Unanimous
o
[2005] 2 S.C.R. 598; 2005 SCC 53 [27] 		Income tax None Unanimous

[2005] 2 S.C.R. 669; 2005 SCC 56 [28] 		Unemployment insurance; maternity benefits None Unanimous

[2005] 2 S.C.R. 706; 2005 SCC 57 [29] 		Immigration; inadmissibility due to health None LeBel J.
Montréal (City) v. 2952-1366 Québec Inc.
[2005] 3 S.C.R. 141; 2005 SCC 62 [30] 		Charter; Freedom of expression McLachlin C.J. Bastarache, LeBel, Abella and Charron JJ.

[2005] 3 S.C.R. 425; 2005 SCC 70 [31] 		Whistleblower protection None None

[2005] 3 S.C.R. 499; 2005 SCC 72 [32] 		Breathalizer evidence None McLachlin C.J. and Major, Bastarache and Abella JJ.

[2005] 3 S.C.R. 530; 2005 SCC 73 [33] 		Student loan repayment plan None None

2006[]

Marie Deschamps 2006 statistics
4
Majority or Plurality
1
Concurrence
0
Other
2
Dissent
0
Concurrence/dissent Total = 7
Written reasons = ? Oral reasons = ? Unanimous reasons = ?
Case name Issue Co-authored by Joined by

[2006] 1 S.C.R. 27; 2006 SCC 2 [34] 		Labour arbitration None Bastarache, Binnie and Charron JJ.
Multani v. Commission scolaire Marguerite-Bourgeoys
1 S.C.R. _; 2006 SCC 6 [35] 		Religious freedom; section 2 of Charter; judicial review Abella J. None

1 S.C.R. _; 2006 SCC 10 [36] 		Crime proceeds None Unanimous

1 S.C.R. _; 2006 SCC 13 [37] 		Access to information None Binnie, Fish and Abella JJ.:

_ S.C.R. _; 2006 SCC 17 [38] 		Reasons for judgment Fish J. None

2006 SCC 28 [39] 		Pension law None LeBel, Fish and Abella JJ.

2006 SCC 35 [40] 		Bankruptcy None None

2006 SCC 50 [41] 		Bankruptcy in Quebec None Unanimous
Pro Swing Inc. v. Elta Golf Inc.
2006 SCC 52 [42] 		Conflict of laws; enforcement of non-monetary judgments None LeBel, Fish and Abella JJ.

2006 SCC 59 [43] 		Aboriginal treaty rights Abella J. Binnie and Charron JJ.

2007[]

2008[]

2009[]

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
Canadian Broadcasting Corp v The Queen
2011 SCC 3 [44] 		Broadcasting bans – Unanimous
Canadian Broadcasting Corp v Canada (AG)
2011 SCC 2 [45] 		Whether measures of practice and directive issued by the Ministère de la Justice limiting filming, taking photographs and conducting interviews to predetermined locations and prohibiting broadcasting of official audio recordings of hearings infringes freedom of expression under s. 2(b) of the Charter — Whether a directive meets "prescribed by law" requirement of s. 1 of the Charter – Unanimous
Smith v Alliance Pipeline Ltd
2011 SCC 7 [46] 		Standard of review for Pipeline Arbitration Committee appointed pursuant to the National Energy Board Act – –
Bou Malhab v Diffusion Métromédia CMR inc
2011 SCC 9 [47] 		Whether the representative plaintiff in a class action for defamation must prove that each group member suffered personal injury – McLachlin CJ and Binnie, LeBel, Charron and Rothstein JJ
Seidel v TELUS Communications Inc
2011 SCC 15 [48] 		Whether provincial legislation, stating that contractual agreements to waive or release rights, benefits or protects under the legislation area void, renders an arbitration clause in a standard form cell phone contract void LeBel J Abella and Charron JJ
Ontario (AG) v Fraser
2011 SCC 20 [49] 		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 – –
i Trade Finance Inc v Bank of Montreal
2011 SCC 26 [50] 		Role of personal property security legislation — Whether finance company has right to recover disputed funds on basis of advances made under mistake of fact, constructive trust or equitable lien — Whether pledge to bank creates a statutory enforceable security interest — Whether bank is a bona fide purchaser for value without notice – Unanimous
Canada Trustco Mortgage Co v Canada
2011 SCC 36 [51] 		Whether a bank is liable to make payments to a tax debtor when receiving cheques payable to a tax debtor for deposit in an account held jointly by the tax debtor and a third party – Binnie, Rothstein and Cromwell JJ
Dubé v Canada
2011 SCC 39 [52] 		Whether the interest earned on bank deposits by a status Indian is exempt from income taxation as personal property "situated on a reserve" under the Indian Act – Rothstein J
Bastien Estate v Canada
2011 SCC 38 [53] 		Whether the interest earned on bank deposits by a status Indian is exempt from income taxation as personal property "situated on a reserve" under the Indian Act – Rothstein J
R v Côté
2011 SCC 46 [54] 		Standard of review of a trial judge's determination of what would bring the administration of justice into disrepute for the purpose of determining whether to exclude evidence under s. 24(2) of the Charter – –
Crookes v Newton
2011 SCC 47 [55] 		Tort of libel and slander — Whether a hyperlink to an allegedly defamatory article in itself constitutes a publication – –
R v Whyte
2011 SCC 49 [56] 		Whether conduct of police violated ss. 8 and 9 of the Charter – Unanimous (oral)
Quebec (AG) v Canada (Human Resources and Social Development)
2011 SCC 60 [57] 		Whether provincial legislation providing that income replacement benefits received by injured worker be exempt from seizure is constitutionally inoperative in relation to garnishment scheme created by federal Employment Insurance Act — Whether federal Employment Insurance Commission, as an agent of the Crown, is protected by common law immunity such that the provincial legislation is inapplicable to the federal Crown – Unanimous

2012[]

Statistics
9
Majority or Plurality
0
Concurrence
0
Other
1
Dissent
0
Concurrence/dissent Total = 10
Written opinions = 9 Oral opinions = 1 Unanimous decisions = 1
Case name Issue Co-authored by Joined by
Merck Frosst Canada Ltd v Canada (Health)
2012 SCC 3 [58] 		Access to third-party information and notice requirements under the federal Access to Information Act – Abella and Rothstein JJ
R v TLM
2012 SCC 6 [59] 		Admissibility of similar fact evidence – Unanimous (oral)
SL v Commission scolaire des Chênes
2012 SCC 7 [60] 		Whether refusal of school board to exempt children from ethics and religious culture course infringed freedom of religion under s. 2(a) of the Charter – McLachlin CJ and Binnie, Abella, Charron, Rothstein and Cromwell JJ
R v RP
2012 SCC 22 [61] 		Reasonableness of trial verdict – Abella, Cromwell, Moldaver and Karakatsanis JJ
Annapolis County District School Board v Marshall
2012 SCC 27 [62] 		Tort of negligence and contributory negligence – McLachlin CJ and Abella, Rothstein, Moldaver and Karakatsanis JJ
R v Gibbons
2012 SCC 28 [63] 		Offence of contempt of court and section 127 of the Criminal Code – McLachlin CJ and LeBel, Abella, Rothstein, Cromwell, Moldaver and Karakatsanis JJ
R v Punko
2012 SCC 39 [64] 		Issue estoppel – McLachlin CJ and Rothstein, Cromwell, Moldaver and Karakatsanis JJ
R v St-Onge Lamoureaux
2012 SCC 57 [65] 		[DESCRIPTION] – McLachlin CJ and LeBel, Fish and Abella JJ
R v Dineley
2012 SCC 58 [66] 		Whether amendments brought to Criminal Code during accused's trial limiting the evidence that may be adduced in defence to raise a doubt about the reliability of breathalyzer tests have retrospective effect to the time of the alleged offence – LeBel, Fish and Abella JJ
Newfoundland and Labrador v AbitibiBowater Inc
2012 SCC 67 [67] 		Bankruptcy and insolvency and whether the federal Companies' Creditors Arrangement Act is ultra vires by permitting courts to determine whether an environmental order is a monetary claim – Fish, Abella, Rothstein, Cromwell, Moldaver and Karakatsanis JJ

2013[]

2013 statistics
1
Majority or Plurality
0
Concurrence
0
Other
0
Dissent
1
Concurrence/dissent Total = 2
Written opinions = 2 Oral opinions = 0 Unanimous decisions = 0
Case name Issue Co-authored by Joined by
Quebec (AG) v A
2013 SCC 5 [68] 		Discrimination based on marital status under s. 15(1) of the Charter – Cromwell and Karakatsanis JJ
Sun Indalex Finance, LLC v United Steelworkers
2013 SCC 6 [69] 		Pensions and bankruptcy and insolvency – Moldaver J
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