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 statistics6 Majority or Plurality0 Concurrence0 Other4 Dissent0 Concurrence/dissentTotal = 10 Written opinions = ? Oral opinions = ? Unanimous decisions = ?

Case name Issue Co-authored by Joined by R v Grandinetti 2005 SCC 5 Admissibility of confessions NoneUnanimousTsiaprailis v Canada 2005 SCC 8 Taxation; disabled None Major and LeBel JJNova Scotia (Minister of Health) v JJ 2005 SCC 12 Family services; adult careNone UnanimousFédération des producteurs de volailles du Québec v Pelland 2005 SCC 20 Federalism; provincial chicken market schemeNone UnanimousPrebushewski v Dodge City Auto (1984) Ltd2005 SCC 28 Consumer protection NoneUnanimousR v GR 2005 SCC 45 IncestNone Bastarache, LeBel and Deschamps JJR v Turcotte2005 SCC 50 Common law right to silenceNone UnanimousHilewitz v Canada (Minister of Citizenship and Immigration); De Jong v Canada (Minister of Citizenship and Immigration) 2005 SCC 57 Inadmissible for health reasons, burden on social servicesNone McLachlin CJ and Major, Bastarache, Binnie, Fish and Charron JJ.EB v Order of the Oblates of Mary Immaculate in the Province of British Columbia2005 SCC 60 Vicarious liability; employment lawNone NoneR v RC2005 SCC 61 Forsensic DNANone LeBel and Charron JJ

2006 Rosalie Abella 2006 statistics4 Majority or Plurality2 Concurrence0 Other1 Dissent0 Concurrence/dissentTotal = 7 Written opinions = 7 Oral opinions = 0 Unanimous decisions = 1

Case name Issue Co-Authored by Joined byCanada (Human Rights Commission) v Canadian Airlines International Ltd 2006 SCC 1 Statutory interpretation; discrimination for unequal wagesLeBel JMcLachlin CJ and Bastarache, Binnie, Fish and Charron JJMultani v Commission scolaire Marguerite‑Bourgeoys2006 SCC 6 prohibiting religious weapons in school; freedom of religion Deschamps J NoneTranchemontagne v Ontario (Director, Disability Support Program) 2006 SCC 14 Jurisdiction of Human Rights Tribunals None LeBel and Deschamps JJR v Gagnon2006 SCC 17 Sufficiency of reasons given by trial judgeBastarache JLeBel JFidler v Sun Life Assurance Co of Canada 2006 SCC 30 Damages for breach of contractMcLachlin CJUnanimousGMAC Commercial Credit Corporation – Canada v TCT Logistics Inc2006 SCC 35 BankruptcyNoneMcLachlin 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 supportNoneFish and Charron JJRobertson v Thomson Corp2006 SCC 43 Copyright infringement, licensingNoneMcLachlin CJ and Binnie and Charron JJPharmascience Inc v Binet2006 SCC 48 Professional ethicsNoneFish JR v Morris2006 SCC 59 Aboriginal treaty rightsDeschamps JBinnie and Charron JJ

2007

2008

2009

2010 Statistics XXXXX Majority or PluralityXXX ConcurrenceXXXX OtherXXXX DissentXXXX Concurrence/dissentTotal = XXXXXX Written opinions = XXX Oral opinions = XXX Unanimous decisions = XXX

Case name Issue Co-authored by Joined byXXX CITATIONS [URL] XXX XXX XXXXXX CITATIONS [URL]XXX XXX XXX

2011 Statistics XXXXX Majority or PluralityXXX ConcurrenceXXXX OtherXXXX DissentXXXX Concurrence/dissentTotal = XXXXXX Written opinions = XXX Oral opinions = XXX Unanimous decisions = XXX

Case name Issue Co-authored by Joined byCelgene 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 – UnanimousR 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 JJR 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 – UnanimousCrookes 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 CromwellBritish 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 JJNewfoundland 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" – UnanimousRP 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 JJLMP 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 Plurality1 Concurrence0 Other3 Dissent0 Concurrence/dissentTotal = 12 Written opinions = 12 Oral opinions = 0 Unanimous decisions = 6

Case name Issue Co-authored by Joined byDoré 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 – UnanimousTessier 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 – UnanimousR v Mayuran 2012 SCC 31 Defence of provocation – UnanimousSociety 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 – UnanimousRogers 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 JJAlberta (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 JJAB 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 – UnanimousR 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 – UnanimousReference 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 JJR 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 Plurality0 Concurrence0 Other3 Dissent1 Concurrence/dissentTotal = 12 Written opinions = 12 Oral opinions = 0 Unanimous decisions = 4