Top Five 2011

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 2011, as identified by the Honourable Mr. Justice Stephen Goudge of the Ontario Court of Appeal at OJEN’s 2011 Summer Law Institute.

1. Vancouver (City) v Ward, 2010 SCC 27, [2010] 2 SCR 28

In this case, the Supreme Court of Canada (SCC) considered whether government actors can be made to pay financial damages to individuals after infringing upon their rights under the Canadian Charter of Rights and Freedoms. The full decision is available here.

2. R v Sinclair, 2010 SCC 35, [2010] 2 SCR 310

In this case, the Supreme Court of Canada (SCC) considered what limitations exist on the right of an accused person to have a lawyer present during questioning by police. The full decision is available here.

3. R v White, 2011 SCC 13, [2011] 1 SCR 433

In this case, the Supreme Court of Canada (SCC) examined the issue of whether the behaviour of an accused person immediately after an alleged incident can be presented to juries as evidence of the accused’s level of guilt. The full decision is available here.

4. Ontario (Attorney General) v Fraser, 2011 SCC 20, [2011] 2 SCR 3

In this case, the Supreme Court of Canada (SCC) ruled that the limited rights of agricultural workers to collective bargaining do not violate their right to freedom of association under the Canadian Charter of Rights and Freedoms. The full decision is available here.

5. R v JA, 2011 SCC 28, [2011] 2 SCR 440

In this case, the Supreme Court of Canada (SCC) considered the legal meaning of “consent” to sexual activity, and determined that a person cannot give advance consent to sexual activity that will take place while they are unconscious. The full decision is available here.

6. Rasouli v Sunnybrook Health Science Centre, 2011 ONCA 482

Under the Health Care Consent Act (HCCA), any medical treatment requires the consent of the patient or that patient’s legal substitute decision-maker. In this case, the Ontario Court of Appeal (OCA) considered whether removing life support when a patient appears non-responsive is a form of medical treatment. The full decision is available here.

7. United States of America v Khadr, 2011 ONCA 358

In this case, the Ontario Court of Appeal (OCA) ruled that an extradition request can be denied if the requesting state has committed clear violations of the human rights of the accused. The full decision is available here.