List of Supreme Court of Canada cases (Richards Court through Fauteux Court)

This is a chronological list of notable cases decided by the Supreme Court of Canada
Supreme Court of Canada
The Supreme Court of Canada is the highest court of Canada and is the final court of appeals in the Canadian justice system. The court grants permission to between 40 and 75 litigants each year to appeal decisions rendered by provincial, territorial and federal appellate courts, and its decisions...

from the formation of the Court in 1875 to the retirement of Gérald Fauteux

Gérald Fauteux

Joseph Honoré Gérald Fauteux, was Chief Justice of the Supreme Court of Canada from 1970 to 1973....

in 1973.

Note that the Privy Council

Judicial Committee of the Privy Council

The Judicial Committee of the Privy Council is one of the highest courts in the United Kingdom. Established by the Judicial Committee Act 1833 to hear appeals formerly heard by the King in Council The Judicial Committee of the Privy Council (JCPC) is one of the highest courts in the United...

heard appeals for criminal

Criminal law

Criminal law, is the body of law that relates to crime. It might be defined as the body of rules that defines conduct that is not allowed because it is held to threaten, harm or endanger the safety and welfare of people, and that sets out the punishment to be imposed on people who do not obey...

cases until 1933 and for civil

Civil law (common law)

Civil law, as opposed to criminal law, is the branch of law dealing with disputes between individuals or organizations, in which compensation may be awarded to the victim...

cases until 1949. Also between 1888 and 1926, no criminal appeals were allowed to the Privy Council.

1875–99

Case name	\| Citation	\| Subject
April 8, 1875 Act of Parliament creates the Supreme Court of Canada
Kelly v. Sullivan Kelly v. Sullivan Kelly v. Sullivan [1876] 1 S.C.R. 3 was the first case heard by the Supreme Court of Canada. The Court answered the simple question of whether a case ruling from the Supreme Court of Judicature of Prince Edward Island could be appealed to a provincial appellate court...	(1876)	First case heard by Supreme Court of Canada

1900 1949

Case name	\| Citation	\| Subject
Quong Wing v. R. Quong Wing v. R. Quong Wing v. The King is a famous Supreme Court of Canada decision where the Court upheld a provincial law that discriminated against the Chinese....	(1914), 49 S.C.R. 44	Constitutionality of provincial statute regulating "Chinamen"
Bedard v. Dawson Bedard v. Dawson Bedard v. Dawson, [1923] S.C.R. 681 is a leading constitutional decision of the Supreme Court of Canada. The Court held that the provinces could legislate in matters related to the prevention of crime even though the federal government had exclusive power over criminal law.The law was passed by the...	[1923] S.C.R. 681
R. v. Eastern Terminal Elevator Co. R. v. Eastern Terminal Elevator Co. R. v. Eastern Terminal Elevator Company, [1925] S.C.R. 434 is an early constitutional decision of the Supreme Court of Canada on the Constitution's Trade and Commerce power...	[1925]	Trade and Commerce power.
Edwards v. Canada (Attorney General) Edwards v. Canada (Attorney General) Edwards v. Canada [1930] A.C. 124 – also known as the Persons Case – is a famous Canadian and British constitutional case where it was first decided that women were eligible to sit in the Canadian Senate...	[1928] S.C.R. 276	"Persons Case"
1933 – Statute of Westminster Statute of Westminster 1931 The Statute of Westminster 1931 is an Act of the Parliament of the United Kingdom. Passed on 11 December 1931, the Act established legislative equality for the self-governing dominions of the British Empire with the United Kingdom... , no more criminal appeals to Privy Council
Reference Re Alberta Statutes Reference re Alberta Statutes Reference re Alberta Statutes [1938] S.C.R. 100, also known as the Alberta Press case and the Alberta Press Act Reference, is a landmark reference of the Supreme Court of Canada where several provincial laws restricting the press were struck down and the existence of an implied bill of rights...	[1938] S.C.R. 100
Re Eskimos Re Eskimos Re Eskimos [1939] S.C.R. 104, is a decision by the Supreme Court of Canada regarding the constitutional status of Canada's Inuit people, then called "Eskimos." The case concerned section 91 of the Constitution Act, 1867, then the British North America Act, 1867, which assigns jurisdiction over...	[1939] S.C.R. 104	Constitutional status of Inuit
Christie v. York Christie v. York Christie v. York , [1940] S.C.R. 139 is a famous decision of the Supreme Court of Canada where the Court allowed private establishments to discriminate on the basis of free enterprise.-Background:...	(1939), [1940] S.C.R. 139	racial discrimination
Home Oil Distributors Ltd v. Attorney General of British Columbia Home Oil Distributors Ltd v. Attorney General of British Columbia Home Oil Distributors Ltd v. Attorney General of British Columbia [1940] S.C.R. 444 is a leading constitutional decision of the Supreme Court of Canada on the Trade and Commerce power under section 91 of the Constitution Act, 1867...	[1940] S.C.R. 444
Provincial Secretary of Prince Edward Island v. Egan Provincial Secretary of Prince Edward Island v. Egan Provincial Secretary of Prince Edward Island v. Egan, [1941] S.C.R. 396 is a famous constitutional decision of the Supreme Court of Canada.The Court upheld a provincial Act, which provided that anyone who was convicted of an impaired driving offence under the Criminal Code of Canada will have their...	[1941] S.C.R. 396	division of powers
Reference re Persons of Japanese Race Reference re Persons of Japanese Race Reference re Persons of Japanese Race [1946] S.C.R. 248 is a famous decision of the Supreme Court of Canada where the Court upheld a government order to deport Canadian citizens of Japanese descent.-Background:...	[1946] S.C.R. 248	constitutionality of Japanese deportation order
Margarine Reference Margarine Reference Reference re Validity of Section 5 of the Dairy Industry Act , also known as the Margarine Reference or as Can. Federation of Agriculture v. A.-G. Que., is a leading opinion of the Supreme Court of Canada on determining if a law is within the authority of the federal government under the...	[1949]	Defining criminal law under the constitution
1949 – no more civil appeals to the Privy Council

1950 1959

Case name	\| Citation	\| Subject
Frey v. Fedoruk et al. Frey v. Fedoruk et al. Frey v. Fedoruk et al. [1950] S.C.R. 517 is a decision by the Supreme Court of Canada on the definition of a breach of the peace and whether being a "peeping tom" is a crime. The Court found that actions do not necessarily breach the peace just because they cause violent reactions...	[1950] S.C.R. 517	Breach of the peace, peeping toms
Noble v. Alley Noble v. Alley Noble v. Alley [1951] S.C.R. 64 is a famous Supreme Court of Canada decision where the Court struck down a restrictive covenant that restricted ownership of a section of land to "persons of the white or Caucasian race"....	[1951] S.C.R. 64
Boucher v. R.	[1951] S.C.R. 265
Johannesson v. West St. Paul Johannesson v. West St. Paul Johannesson v. Rural Municipality West St. Paul [1952] 1 S.C.R. 297 is a leading Supreme Court of Canada decision on the federal jurisdiction over aeronautics...	[1952] 1 S.C.R. 292
Azoulay v. The Queen Azoulay v. The Queen Azoulay v. The Queen, [1952] 2 S.C.R. 495 was a decision by the Supreme Court of Canada on abortion in Canada. The Court found that with evidence so complicated, a judge should summarize it to a jury.-Background:...	[1952] 2 S.C.R. 495	Abortion
Saumur v. The City of Quebec Saumur v. The City of Quebec Saumur v. The City of Quebec [1953] 2 S.C.R. 299 is a famous constitutional decision of the Supreme Court of Canada which struck down a municipal by-law prohibiting the distribution of literature to the public....	[1953] 2 S.C.R. 299
Henry Birks & Sons (Montreal) Ltd. v. the City of Montreal Henry Birks & Sons (Montreal) Ltd. v. the City of Montreal Henry Birks & Sons Ltd. v. the City of Montreal, [1955] S.C.R. 799 was an early constitutional decision of the Supreme Court of Canada where the Court struck down a provincial law permitting municipalities to pass by-laws for the closing of stores on certain Catholic feast days...	[1955] S.C.R. 799
Reference Re Farm Products Marketing Act Reference re Farm Products Marketing Act Reference Re Farm Products Marketing Act, 1957 S.C.R. 198 is a leading Supreme Court of Canada decision on the Trade and Commerce power allocated to the federal government under section 91 of the Constitution Act, 1867...	[1957] S.C.R. 198
Switzman v. Elbling Switzman v. Elbling Switzman v. Elbing [1957] SCR 285 was a landmark Supreme Court of Canada decision where the Court struck down Quebec's Padlock Law.Max Bailey, was a resident of a Park Avenue apartment in Montreal...	[1957] S.C.R. 285	constitutional division of powers
Beaver v. R. Beaver v. R. Beaver v. The Queen [1957] is a leading decision of the Supreme Court of Canada on the mens rea requirement in criminal law to prove "possession"...	[1957] S.C.R. 531	subjective mens rea Mens rea Mens rea is Latin for "guilty mind". In criminal law, it is viewed as one of the necessary elements of a crime. The standard common law test of criminal liability is usually expressed in the Latin phrase, actus non facit reum nisi mens sit rea, which means "the act does not make a person guilty... required for possession
Priestman v. Colangelo Priestman v. Colangelo Priestman v. Colangelo [1959] S.C.R. 615, 19 DLR 1 is a leading Supreme Court of Canada decision on the exemption of police officers and other pulibc authorities from being held liable for tortious acts...	[1959]	Duty of Care in public service conduct.
Roncarelli v. Duplessis Roncarelli v. Duplessis Roncarelli v. Duplessis, [1959] S.C.R. 121, was a landmark constitutional decision of the Supreme Court of Canada where the Court held that Maurice Duplessis, the premier of Quebec, had overstepped his authority by revoking the liquor licence of a Jehovah's Witness...	[1959] S.C.R. 121	constitution Constitution of Canada The Constitution of Canada is the supreme law in Canada; the country's constitution is an amalgamation of codified acts and uncodified traditions and conventions. It outlines Canada's system of government, as well as the civil rights of all Canadian citizens and those in Canada... , arbitrary action by government.

1960 1969

Case name	\| Citation	\| Date	\| Subject
August 10, 1960 – Canadian Bill of Rights Canadian Bill of Rights The Canadian Bill of Rights is a federal statute and bill of rights enacted by Prime Minister John Diefenbaker's government on August 10, 1960. It provides Canadians with certain quasi-constitutional rights in relation to other federal statutes... was enacted.
O'Grady v. Sparling O'Grady v. Sparling O'Grady v. Sparling, [1960] S.C.R. 804, was a landmark Supreme Court of Canada decision on the constitutionality of overlapping federal and provincial laws. The Court held that there was no conflict between federal dangerous driving offences, which only prohibited "advertent" negligence and...	[1960] S.C.R. 804
R. v. George R. v. George R. v. George, 1960 S.C.R. 871 is a leading Supreme Court of Canada on different degrees of mens rea. The accused was acquitted for a specific intent offence of robbery as he was too intoxicated at the time. However, he was convicted of the general intent offence of assault.Justice Fauteux famously...	[1960] S.C.R. 871		intoxication defence
McKay v. The Queen McKay v. The Queen McKay v. The Queen, S.C.R. 798 is an early election law decision of the Supreme Court of Canada on the constitutionality of laws that limited the erection of election signs. The Court held that a municipal zoning regulation against signs on residential properties could not include federal election...	[1965] S.C.R. 798		Election law
Munro v. National Capital Commission Munro v. National Capital Commission Munro v. National Capital Commission [1966] S.C.R. 663 is a leading Supreme Court of Canada decision on the federal peace, order, and good government power, where the Court held that the zoning, expropriation and renovation of land within the National Capital Region, in the vicinity of Ottawa, is a...	[1966] S.C.R. 663
Peso Silver Mines Ltd. (N.P.L.) v. Cropper Peso Silver Mines Ltd. (N.P.L.) v. Cropper Peso Silver Mines Ltd. v. Cropper, [1966] S.C.R. 673, is a leading Canadian case decided by the Supreme Court of Canada on the fiduciary duty of corporate directors....	[1966] S.C.R. 673	June 20, 1966	director fiduciary duties
Carnation Co. v. Quebec Agricultural Marketing Board Carnation Co. v. Quebec Agricultural Marketing Board Carnation Co. Ltd. v. Quebec Agricultural Marketing Board [1968] S.C.R. 238 is a leading constitutional decision of the Supreme Court of Canada on the federal authority over trade and commerce under section 91 of the Constitution Act, 1867...	[1968] S.C.R. 238
R. v. Whitfield R. v. Whitfield R. v. Whitfield , [1970] S.C.R. 46 is a leading Supreme Court of Canada decision on the legal requirements of an arrest under the Criminal Code of Canada.-Background:...	[1969]		Definition of arrest
Walter v. Attorney General of Alberta Walter v. Attorney General of Alberta Walter v. Attorney General of Alberta, [1969] S.C.R. 383 is a famous decision of the Supreme Court of Canada. The Court upheld the Albertan provincial Communal Properties Act of 1955, which among other things, restricted the amount of land that could be owned by Hutterites and Doukhobors...	[1969] S.C.R. 383		division of powers; law excluding hutterite Hutterite Hutterites are a communal branch of Anabaptists who, like the Amish and Mennonites, trace their roots to the Radical Reformation of the 16th century. Since the death of their founder Jakob Hutter in 1536, the beliefs of the Hutterites, especially living in a community of goods and absolute... s.

1970–73

Case name	\| Citation	\| Date	\| Subject
R. v. Drybones R. v. Drybones R. v. Drybones, [1970] S.C.R. 282, is a landmark 6-3 Supreme Court of Canada decision holding that the Canadian Bill of Rights "empowered the courts to strike down federal legislation which offended its dictates." Accordingly, the Supreme Court of Canada held that section 94 of the Indian Act is...	[1970] S.C.R. 282	November 20, 1969	Canadian Bill of Rights Canadian Bill of Rights The Canadian Bill of Rights is a federal statute and bill of rights enacted by Prime Minister John Diefenbaker's government on August 10, 1960. It provides Canadians with certain quasi-constitutional rights in relation to other federal statutes...
R. v. Wray R. v. Wray The Queen v. Wray, [1971] S.C.R. 272 is a famous pre-Charter decision of the Supreme Court of Canada on the exclusion of improperly obtained evidence. The Court, following the English common law established in Kuruma v. The Queen, [1955] A.C...	[1971] S.C.R. 272	June 26, 1970	pre-Charter right to silence
Caloil Inc. v the Attorney General of Canada Caloil Inc. v the Attorney General of Canada Caloil Inc. v. Attorney General of Canada [1971] S.C.R. 543 is a leading constitutional decision of the Supreme Court of Canada on the Trade and Commerce power under section 91 of the Constitution Act, 1867. The Court upheld a federal law prohibiting the transport or sale of imported oil in a...	[1971] S.C.R. 543		Trade and Commerce power, Constitution Act, 1867
AG Manitoba v. Manitoba Egg and Poultry Association AG Manitoba v. Manitoba Egg and Poultry Association AG Manitoba v. Manitoba Egg and Poultry Association [1971] S.C.R. 689 is a leading Supreme Court of Canada decision on the Trade and Commerce power under section 91 of the Constitution Act, 1867...	[1971] S.C.R. 689		Trade and Commerce power, Constitution Act, 1867
Horsley v. MacLaren Horsley v. MacLaren Horsley v. MacLaren , [1972] S.C.R. 441, also known as the Ogopogo case, is a leading Supreme Court of Canada decision where it was held that there is no duty at common law to rescue or aid anyone in distress... (The Ogopogo)	[1972] S.C.R. 441	October 5, 1971	civil duty to rescue
Duke v. The Queen Duke v. The Queen Duke v. The Queen [1972] S.C.R. 917 was a landmark decision by the Supreme Court of Canada on the Canadian Bill of Rights.-Background:The accused in the case was charged with drunk driving contrary to the Criminal Code of Canada after having been taken to a police station and given a breathalyzer...	[1972] S.C.R. 917	June 29, 1972	fundamental justice
Calder v. British Columbia (Attorney General) Calder v. British Columbia (Attorney General) Calder v. British Columbia [1973] S.C.R. 313, [1973] 4 W.W.R. 1 was a decision by the Supreme Court of Canada. It was the first time that Canadian law acknowledged that aboriginal title to land existed prior to the colonization of the continent and was not merely derived from statutory law.In...	[1973] S.C.R. 313	January 31, 1973	Aboriginal land title

1875–99

1900 1949

1950 1959

1960 1969

1970–73

See also