Reasons of the Supreme Court of Canada by Justice Moldaver

This article is a list of Justice Michael Moldaver's written judgments during his tenure as puisne justice of the Supreme Court of Canada.

The Honourable

Michael J. Moldaver
Puisne Justice of the Supreme Court of Canada
Assumed office
October 21, 2011
Nominated byStephen Harper
Personal details
Born (1947-12-23) December 23, 1947
Peterborough, Ontario
Alma materUniversity of Toronto
University of Toronto Faculty of Law
OccupationJurist
ProfessionLawyer

2012
Statistics
11
 Majority or Plurality
0
 Concurrence
0
 Other
0
 Dissent
0
 Concurrence/dissent Total = 11
Written opinions = 11 Oral opinions = 0 Unanimous decisions = 6
Case nameIssueCo-authored byJoined by
R v Tse
2012 SCC 16 		Whether s. 184.4 of the Criminal Code infringes the right to be free from unreasonable search and seizure under s. 8 of the Charter Karakatsanis J Unanimous
R v Jesse
2012 SCC 21 		Admissibility of similar fact evidence – Unanimous
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 Abella J McLachlin CJ and Deschamps and Karakatsanis JJ
R v Vu
2012 SCC 40 		Offence of kidnapping and whether kidnapping is a continuing offence encompassing subsequent confinement of victim, and whether persons who knowingly choose to participate in subsequent confinement becomes parties to the offence of kidnapping – Unanimous
R v Walle
2012 SCC 41 		Offence of murder and whether trial judge erred in resorting to common sense inference that a person who usually knows predictable consequences of actions and means to bring them about without first considering the whole of the evidence bearing on the accused's mental state at time of shooting – Unanimous
R v Prokofiew
2012 SCC 49 		Co-accused's counsel inviting jury to infer accused's guilt from a failure to testify, and whether the trial judge's failure to give explicit remedial instruction in charge to jury constituted a legal error under s. 4(6) of the Canada Evidence Act – Deschamps, Abella, Rothstein and Karakatsanis JJ
Opitz v Wrzesnewskyj
2012 SCC 55 		Application to have federal election result annulled on the basis of "irregularities... that affected the result of the election" under s. 531(2) of the Canada Elections Act Rothstein J Deschamps and Abella JJ
R v Nedelcu
2012 SCC 59 		Whether Crown at criminal trial may cross examine an accused on prior inconsistent statements without infringing the right against self-incrimination under s. 13 of the Charter – McLachlin CJ and Deschamps, Abella, Rothstein and Karakatsanis JJ
R v Aucoin
2012 SCC 66 		Whether pat-down search was unreasonable under s. 8 of the Charter; Whether detention of the accused was unlawful under s. 9 of the Charter; Whether evidence ought to be excluded pursuant to s. 24(2) of the Charter – Deschamps, Abella, Rothstein and Karakatsanis JJ
R v Yumnu
2012 SCC 73 		Whether it was appropriate for the Crown to seek police criminal record checks of prospective jurors and also to provide comments on whether any prospective jurors were "disreputable persons"; Where same should have been disclosed to the accused; Whether there is a reasonable possibility that same affected trial fairness or gave rise to an appearance of unfairness, such that a miscarriage of justice occurred – Unanimous
R v Emms
2012 SCC 74 		Whether it was appropriate for the Crown to seek police criminal record checks of prospective jurors and also to provide comments on whether any prospective jurors were "disreputable persons"; Where same should have been disclosed to the accused; Whether there is a reasonable possibility that same affected trial fairness or gave rise to an appearance of unfairness, such that a miscarriage of justice occurred – Unanimous

2013

Statistics
5
 Majority or Plurality
3
 Concurrence
0
 Other
1
 Dissent
0
 Concurrence/dissent Total = 9
Written opinions = 9 Oral opinions = 0 Unanimous decisions = 2
Case nameIssueCo-authored byJoined by
R v JF
2013 SCC 12 		Whether a person can be a party to the offence of conspiracy – Unanimous
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 – Karakatsanis J
Ediger v Johnston
2013 SCC 18 		Tort of negligence Rothstein J Unanimous
R v ADH
2013 SCC 28 		Whether the mens rea for the offence of child abandonment under s. 218 of the Criminal Code is subjective or objective – 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 Rothstein J McLachlin CJ
R v Baldree
2013 SCC 35 		Admissibility of hearsay evidence – –
R v MacKenzie
2013 SCC 50 		Unreasonable search and seizure and exclusion of evidence under ss. 8 and 24(2) of the Charter – Abella, Rothstein, Karakatsanis and Wagner JJ
McLean v British Columbia (Securities Commission)
2013 SCC 67 		Judicial review and standard of review of securities commission decision – LeBel, Fish, Rothstein, Cromwell and Wagner JJ
Wood v Schaeffer
2013 SCC 71 		Whether police officers have right to consult with counsel before making notes on an incident; Whether police officers are entitled to basic legal advice as to the nature of rights and obligations in connection with an incident – McLachlin CJ and Abella, Rothstein, Karakatsanis and Wagner JJ

2014

2014 statistics
9
 Majority or Plurality
2
 Concurrence
0
 Other
1
 Dissent
0
 Concurrence/dissent Total = 12
Written opinions = 9 Oral opinions = 3 Unanimous decisions = 5
Case nameIssueCo-authored byJoined by
R v WEB
2014 SCC 2 		Ineffective assistance of counsel – Unanimous (oral)
R v MacDonald
2014 SCC 3 		Unreasonable search and seizure Wagner J Rothstein J
R v James
2014 SCC 5 		Offence of sexual assault; Evidence – Unanimous (oral)
R v Flaviano
2014 SCC 14 		Offence of sexual assault and defence of mistaken belief in consent – Unanimous (oral)
R v Sekhon
2014 SCC 15 		Admissibility of expert evidence – Abella, Rothstein, Karakatsanis and Wagner JJ
R v Babos
2014 SCC 16 		Stay of proceedings and abuse of process – McLachlin CJ and LeBel, Cromwell, Karakatsanis and Wagner JJ
R v Hutchinson
2014 SCC 19 		Offence of sexual assault and consent Abella J Karakatsanis J
Reference Re Supreme Court Act, ss 5 and 6
2014 SCC 21 		Eligibility requirements to the Supreme Court of Canada – –
R v Anderson
2014 SCC 41 		Whether s. 7 of the Charter requires the Crown to consider aboriginal status in seeking mandatory minimum sentences – Unanimous
R v Hart
2014 SCC 52 		Admissibility of "Mr. Big" confessions – McLachlin CJ and LeBel, Abella and Wagner JJ
R v Mack
2014 SCC 58 		Admissibility of "Mr. Big" confessions – Unanimous
Wakeling v United States of America
2014 SCC 72 		Unreasonable search and seizure under s. 8 of the Charter and the disclosure of intercepted private communications without consent – LeBel and Rothstein JJ

2015

Statistics
6
 Majority or Plurality
3
 Concurrence
2
 Other
2
 Dissent
2
 Concurrence/dissent Total = 6
Written opinions = 3 Oral opinions = 3 Unanimous decisions = 3
Case nameIssueCo-authored byJoined by
Canada (AG) v Federation of Law Societies of Canada
2015 SCC 7 		Whether Proceeds of Crime (Money Laundering) and Terrorist Financing Act, as it applies to the legal profession, infringes the right to be free from unreasonable search and seizure and the right not to be deprived of liberty otherwise in accordance with principles of fundamental justice under ss. 8 and 7 of the Charter, respectively McLachlin CJ –
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 McLachlin CJ Rothstein J
R v Nur
2015 SCC 15 		Constitutionality of mandatory minimum sentences on grounds of cruel and unusual punishment under s. 12 of the Charter – Rothstein and Wagner JJ
Henry v British Columbia (AG)
2015 SCC 24 		Wrongful conviction of claimant; Civil action alleging breach of Charter rights resulting from Crown counsel's wrongful non-disclose of relevant information; Whether s. 24(1) authorizes courts to award damages against Crown for wrongful non-disclosure, and the level of fault claimant must establish to meet liability threshold for awarding s. 24(1) damages – Abella, Wagner and Gascon JJ
R v Kokopenace
2015 SCC 28 		Appropriate legal test for representativeness on jury roll; Jury representativeness under ss. 11(d) and (f) and 15 of the Charter – Rothstein, Wagner and Gascon JJ
R v Tatton
2015 SCC 33 		Whether arson is a general or specific intent offence; Accused relying on self-induced intoxication as a defence for committing arson – Unanimous
R v Rodgerson
2015 SCC 38 		Whether trial judge erred in instructions to jury on concealment and clean-up of body in a murder charge and same's bearing on issue of intent for murder, and if so, whether that error was fatal in conjunction with erroneous instructions on accused's flight from and lies to police; Impact of long and complex jury charges on criminal justice system – Unanimous
R v Simpson
2015 SCC 40 		Defence of colour of right – Unanimous
Wilson v British Columbia (Superintendent of Motor Vehicles)
2015 SCC 47 		Whether a peace officer is entitled to rely on results of an approved screening device used to collect breath samples to impose a driving prohibition, or whether other confirmatory evidence is required; Whether Superintendent of Motor Vehicles's interpretation of a statutory provision imposing immediate driving prohibition under the provincial Motor Vehicles Act was reasonable – Unanimous
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 – Wagner J
  • Canada (AG) v Federation of Law Societies of Canada, 2015 SCC 7 (Dissent - Concurrence)[1]
  • Loyola High School v Quebec (AG), 2015 SCC 12 (Dissent - Concurrence)[2]
  • R v Nur, 2015 SCC 15 (Dissent)[3]
  • Henry v British Columbia (AG), 2015 SCC 24 (Majority)[4]
  • R v Kokopenace, 2015 SCC 28 (Majority)[5]
  • R v Tatton, 2015 SCC 33 (Unanimous)[6]
  • R v Rodgerson, 2015 SCC 38 (Unanimous)[7]
  • R v Simpson, 2015 SCC 40 (Unanimous)[8]
  • Wilson v British Columbia (Superintendent of Motor Vehicles), 2015 SCC 47 (Unanimous)[9]
  • Kanthasamy v Canada (Citizen and Immigration), 2015 SCC 61 (Dissent)[10]

2016

  • R v Seruhungo, 2016 SCC 2 (Dissent)[11]
  • R v Spicer, 2016 SCC 3 (Unanimous)[12]
  • Carter v Canada (AG), 2016 SCC 4 (Dissent - Concurrence)[13]
  • World Bank Group v Wallace, 2016 SCC 15 (Unanimous)[14]
  • R v Saeed, 2016 SCC 24 (Majority)[15]
  • R v Vassell, 2016 SCC 26 (Unanimous)[16]
  • R v Jordan, 2016 SCC 27 (Majority)[17]
  • R v Williamson, 2016 SCC 28 (Majority)[18]
  • R v Anthony-Cook, 2016 SCC 43 (Majority)[19]
  • Morasse v Nadeau-Dubois, 2016 SCC 44 (Concurrence)[20]
  • Windsor (City of) v Canadian Transit Co, 2016 SCC 54 (Dissent)[21]

2017

Michael Moldaver 2017 statistics
7
 Majority or Plurality
1
 Concurrence
0
 Other
6
 Dissent
0
 Concurrence/dissent Total = 14
Written opinions = 12 Oral opinions = 2 Unanimous decisions = 5
Case nameIssueCo-authored byJoined by
Ernst v Alberta Energy Regulator
2017 SCC 1 		Freedom of expression and Charter damages McLachlin CJ and Brown J Côté J
R v Awer
2017 SCC 3 		Sexual assault – Unanimous (oral)
R v Paterson
2017 SCC 15 		Constitutional law – search and seizure – Gascon J
R v Oland
2017 SCC 17 		Criminal law – Applications for release pending appeal – Unanimous
Stewart v Elk Valley Coal Corp
2017 SCC 30 		Discrimination based on mental and physical disability Wagner J –
Teal Cedar Products Ltd v British Columbia
2017 SCC 32 		Standard of review of commercial arbitration awards Côté J Brown and Rowe JJ
R v Bradshaw
2017 SCC 35 		Admissibility of hearsay evidence – Côté J
R v Alex
2017 SCC 37 		Admissibility of breath sample evidence – Karakatsanis, Wagner, Gascon and Côté JJ
India v Badesha
2017 SCC 44 		Judicial review of extradition orders; standard of review – Unanimous
R v Durham Region Crime Stoppers Inc
2017 SCC 45 		Evidentiary privilege of anonymous informers – Unanimous
R v Bourgeois
2017 SCC 49 		Sexual assault – Unanimous (oral)
Ktunaxa Nation v British Columbia (Forests, Lands and Natural Resource Operations)
2017 SCC 54 		Freedom of religion – Côté J
R v Sciascia
2017 SCC 57 		Jurisdiction of provincial court trial judge – Abella, Karakatsanis, Wagner, Gascon and Rowe JJ
R v Marakah
2017 SCC 59 		Constitutional law – Admissibility of evidence derived from unreasonable search and seizure – Côté J

See also

References

  1. "Canada (Attorney General) v Federation of Law Societies of Canada, 2015 SCC 7". CanLII.
  2. "Loyola High School v Quebec (Attorney General), 2015 SCC 12". CanLII.
  3. "R v Nur, 2015 SCC 15". CanLII.
  4. "Henry v British Columbia (Attorney General), 2015 SCC 24". CanLII.
  5. "R v Kokopenace, 2015 SCC 28". CanLII.
  6. "R v Tatton, 2015 SCC 33". CanLII.
  7. "R v Rodgerson, 2015 SCC 38". CanLII.
  8. "R v Simpson, 2015 SCC 40". CanLII.
  9. "Wilson v British Columbia (Superintendent of Motor Vehicles), 2015 SCC 47". CanLII.
  10. "Kanthasamy v Canada (Citizen and Immigration), 2015 SCC 61". CanLII.
  11. "R v Seruhungo, 2016 SCC 2". CanLII.
  12. "R v Spicer, 2016 SCC 3". CanLII.
  13. "Carter v Canada (Attorney General), 2016 SCC 4". CanLII.
  14. "World Bank Group v Wallace, 2016 SCC 15". CanLII.
  15. "R v Saeed, 2016 SCC 24". CanLII.
  16. "R v Vassell, 2016 SCC 26". CanLII.
  17. "R v Jordan, 2016 SCC 27". CanLII.
  18. "R v Williamson, 2016 SCC 28". CanLII.
  19. "R v Anthony-Cook, 2016 SCC 43". CanLII.
  20. "Morasse v Nadeau-Dubois, 2016 SCC 44". CanLII.
  21. "Windsor (City) v Canadian Transit Co., 2016 SCC 54". CanLII.
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