Landmark Decisions of Canadian Courts (1873-1980)
Find here a selection of major constitutional and administrative decisions handed down by Canadian courts between 1873 et 1980
The following table was compiled using Canadian textbooks and treatises.
The decisions are listed in chronological order. The table refers to the French version of each decision when available; both versions are cited in the corresponding case notes where applicable.
In addition, the official French translation has been used throughout case notes. Only the decisions that were never officially translated (those of the Judicial Committee of the Privy Council and certain older Supreme Court decisions) have been translated in French by the author of these notes.
The topics identified are: separation of powers; federalism; civil rights; fundamental rights; and fundamental principles of constitutional law.
Citation
Court
Issue
Key-words
Summary
1
R v Coote [1873] UKPC 26
Judicial Committee of the Privy Council
Federalism
Fundamentality ; division of powers
2
Cushing v Dupuy [1880] UKPC 22
Judicial Committee of the Privy Council
Fundamental principles of constitutional law
Royal prerogative ; Canada–United Kingdom relations ; ancillary effects
3
Dobie v Temporalities Board [1882] UKPC 4
Judicial Committee of the Privy Council
Federalism
Division of powers ; Pre-Confederation rights
4
St Catharine Milling and Lumber Co v R [1888] UKPC 70
Judicial Committee of the Privy Council
Fundamental principles of constitutional law
Indigenous rights ; aboriginal title
5
Canadian Pacific Railway Co v Notre Dame de Bonsecours [1899] UKPC 22
Judicial Committee of the Privy Council
Federalism
Fundamentality ; division of powers
6
Edwards v Canada (AG) [1929] UKPC 86
Judicial Committee of the Privy Council
Fundamental principles of constitutional law
Living tree doctrine ; constitutional interpretation ; gender equality
7
British Coal Corp v R [1935] UKPC 33
Judicial Committee of the Privy Council
Fundamental principles of constitutional law
Canada–United Kingdom relations ; jurisdiction of the Judicial Committee of Privy Council
8
Reference Re Alberta Statutes [1938] UKPC 46
Judicial Committee of the Privy Council
Fundamental principles of constitutional law
Implied Bill of Rights ; freedom of the press
9
Christie v York [1940] SCR 139
Supreme Court
Fundamental rights
Racial equality ; freedom to conduct a business
10
Canada (AG) v Ontario (AG) [1937] UKPC 6
Judicial Committee of the Privy Council
Federalism
Division of powers ; dual federalism ; international agreements
11
Reference Re Abolition of Privy Council Appeals [1947] UKPC 1
Judicial Committee of the Privy Council
Fundamental principles of constitutional law
Canada–United Kingdom relations ; jurisdiction of the Judicial Committee of Privy Council
12
Switzman v Elbling and Attorney general of Quebec [1957] SCR 285
Supreme Court
Fundamental principles of constitutional law
Anti-Communist Act ; implied Bill of Rights
13
Roncarelli v Duplessis [1959] SCR 121
Supreme Court
Fundamental principles of constitutional law
Rule of law ; implied Bill of Rights ; doctrine of implied powers
14
R v Drybones [1970] SCR 282
Supreme Court
Judicial Review
Canadian Bill of Rights ; judicial jurisdiction ; indigenous rights
15
Calder v British Columbia (AG) [1973] SCR 313
Supreme Court
Fundamental rights
Indigenous rights ; aboriginal title
16
Miller v R [1977] 2 SCR 680
Supreme Court
Fundamental rights
Death penalty ; cruel and unusual punishment
17
Supreme Court
Judicial Review
Administrative litigation ; patent unreasonableness
18
Quebec (AG) v Blaikie [1979] 2 SCR 1016
Supreme Court
Fundamental rights
Language rights ; federalism ; constitutional amendment