Top Five 2003

Each year at OJEN’s Toronto Summer Law Institute, a judge from the Court of Appeal for Ontario identifies five cases that are of significance in the educational setting. This summary, based on these comments and observations, is appropriate for discussion and debate in the classroom setting.

Summaries of important legal cases from 2003, as identified by the Honourable Mr. Justice Stephen Goudge of the Ontario Court of Appeal at OJEN’s 2003 Summer Law Institute.

1. Chamberlain v Surrey School District No. 36, 2002 SCC 86, [2002] 4 SCR 710

The Supreme Court of Canada (SCC) was asked to consider whether the Surrey, B.C. School Board was reasonable in disallowing books that depicted same-sex parents in classrooms. The full decision is available here.

2. Halpern v Canada (AG), 65 OR (3d) 161 (CA)

Civic Institution Of Marriage: Same Sex Couples: Whether Common Law Definition of Marriage Violates S. 15 of the Canadian Charter of Rights & Freedoms. The full decision is available here.

3. R v Sheppard, 2002 SCC 26, [2002] 1 SCR 869

The Supreme Court of Canada (SCC) unanimously dismissed a further appeal, agreeing with the Court of Appeal of Newfoundland that a trial judge must provide reasons for her or his decision to permit an appeal judge to review the correctness of that decision. The full decision is available here.

4. Sauvé v Canada (Chief Electoral Officer), [2002] 3 SCR 519, 2002 SCC 68

Should prisoners be allowed to vote? The law in question denied those serving sentences of two years or more in a correctional institution the right to vote, infringing the democratic rights of citizens under s.3 of the Charter.The full decision is available here.

5. Starson v Swayze, 2003 SCC 32, [2003] 1 SCR 722

The Supreme Court of Canada (SCC) overturned a decision that allowed doctors to prescribe a man with bipolar disorder treatment without his consent. The full decision is available here.