Reasons of the Supreme Court of Canada by Justice Gascon

The following is a list of Supreme Court of Canada opinions written by Clément Gascon during his tenure on the Court.

2015

Statistics 6 Majority or Plurality 0 Concurrence 0 Other 2 Dissent 0 Concurrence/dissent Total = 8 Written opinions = 8 Oral opinions = 0 Unanimous decisions = 2 Case name Issue Co-authored by Joined by Quebec (AG) v Canada (AG) 2015 SCC 14 [1] Whether federal legislation abolishing the long-gun registry also containing provision requiring the destruction of long-gun registration data is ultra vires the criminal law power of Parliament under s. 91(27) of the Constitution Act, 1867 LeBel and Wagner JJ Abella J Mouvement laïque québécois v Saguenay (City) 2015 SCC 16 [2] Whether practice of members of municipal council regulated by a by-law and that consists of reciting prayer at start of each meeting of council is in breach of principle of religious neutrality of state and results in discriminatory interference with freedom of conscience and religion under the Quebec Charter of Human Rights and Freedoms; Whether a decision of the Quebec Human Rights Tribunal is subject to standards of review applicable to judicial review proceedings or to appellate standards – McLachlin CJ and LeBel, Rothstein, Cromwell, Moldaver, Karakatsanis and Wagner JJ Hinse v Canada (AG) 2015 SCC 35 [3] Crown's power of mercy vested in the federal Minister of Justice under the Criminal Code; Standard of fault applicable to Minister's refusal to exercise Crown's power of mercy; Whether, in the case of abuse of process and where there is pro bono agreement, damages can be awarded in Quebec in respect of extrajudicial fees in order to compensate a party who has suffered damages resulting from the fault of another party Wagner J Unanimous Chevron Corp v Yaiguaje 2015 SCC 42 [4] Private international law – Whether courts have jurisdiction over foreign judgment debtor's subsidiary when the subsidiary is a third party to the judgment for which recognition and enforcement is sought – Unanimous Saskatchewan (AG) v Lemare Lake Logging Ltd 2015 SCC 53 [5] Whether provincial The Saskatchewan Farm Security Act is constitutionally inoperative when an application is made to appoint a national receiver under the federal Bankruptcy and Insolvency Act, by reason of the doctrine of federal paramountcy Abella J Cromwell, Moldaver, Karakatsanis and Wagner JJ Alberta (AG) v Moloney 2015 SCC 51 [6] Whether provincial Traffic Safety Act providing for the continued suspension of a debtor's driver's license and motor vehicle permits until payment of judgement debt is constitutionally inoperative by reason of the doctrine of federal paramountcy due to conflict with federal Bankruptcy and Insolvency Act – Abella, Rothstein, Cromwell, Moldaver, Karakatsanis and Wagner JJ 407 ETR Concession Co v Canada (Superintendent of Bankruptcy) 2015 SCC 52 [7] Whether provincial Highway 407 Act, 1998 providing for a continuing suspension of debtor's driver's permit until payment of toll debt is constitutionally inoperative by reason of the doctrine of federal paramountcy due to a conflict with the federal Bankruptcy and Insolvency Act – Abella, Rothstein, Cromwell, Moldaver, Karakatsanis and Wagner JJ R v Lacasse 2015 SCC 64 [8] Sentencing and power of an appellate court – McLachlin CJ

2016

2016 statistics 9 Majority or Plurality 1 Concurrence 0 Other 0 Dissent 2 Concurrence/dissent Total = 12 Written opinions = 12 Oral opinions = 0 Unanimous decisions = 5 Case name Issue Co-authored by Joined by Carter v Canada (AG) 2016 SCC 4 [9] Motion seeking an order extending the suspension of the declaration of constitutional invalidity issued in Carter v Canada (AG), 2015 SCC 5 Abella, Karakatsanis, Wagner and Côté JJ – Commission scolaire de Laval v Syndicat de l'enseignement de la région de Laval 2016 SCC 8 [10] Judicial review of labour arbitration decisions – McLachlin CJ and Abella and Karakatsanis JJ R v Lloyd 2016 SCC 13 [11] Cruel and unusual treatment or punishment in violation of s. 12 of the Charter Wagner and Brown JJ – Heritage Capital Corp v Equitable Trust Co 2016 SCC 19 [12] Sale of real property Côté J Unanimous Canada (National Revenue) v Thompson 2016 SCC 21 [13] Solicitor–client privilege and statutory requirement to provide information for purposes of income tax audit and enforcement Wagner J Unanimous Canada (AG) v Chambre des notaires du Québec 2016 SCC 20 [14] Whether the Income Tax act and its definition of "solicitor–client privilege" infringes the right against unreasonable search and seizure guaranteed by s. 8 of the Charter Wagner J Unanimous Rogers Communications Inc v Châteauguay (City of) 2016 SCC 23 [15] Division of powers: radiocommunications – – Wilson v Atomic Energy of Canada Ltd 2016 SCC 29 [16] Unjust dismissal of non-unionized employees under the Canada Labour Code McLachlin CJ and Karakatsanis and Wagner JJ – Lafortune v Financière agricole du Québec 2016 SCC 35 [17] Quebec government farm income stabilization program Wagner J Unanimous Ferme Vi-ber inc v Financière agricole du Québec 2016 SCC 34 [18] Quebec government farm income stabilization program Wagner J McLachlin CJ and Abella, Cromwell and Karakatsanis JJ Morasse v Nadeau-Dubois 2016 SCC 44 [19] Offence of contempt of court Abella J McLachlin CJ and Cromwell and Karakatsanis JJ Lizotte v Aviva Insurance Co of Canada 2016 SCC 52 [20] Litigation privilege – Unanimous

2017

2017 statistics 11 Majority or Plurality 0 Concurrence 0 Other 1 Dissent 0 Concurrence/dissent Total = 12 Written opinions = 11 Oral opinions = 1 Unanimous decisions = 4

	Case name	Issue	Co-authored by	Joined by
	Ostiguy v Allie 2017 SCC 22 [21]	Real property rights	–	McLachlin CJ and Moldaver, Karakatsanis, Wagner and Brown JJ
	Lajeunesse (Re) 2017 SCC 23 [22]	Constitutional law – Right to strike	–	Unanimous (oral)
	Quebec (Director of Criminal and Penal Prosecutions) v Jodoin 2017 SCC 26 [23]	Awarding of costs against a lawyer personally	–	McLachlin CJ and Moldaver, Karakatsanis, Wagner, Brown and Rowe JJ
	Pellerin Savitz LLP v Guindon 2017 SCC 29 [24]	Action for recovery of a lawyer's professional fees	–	Unanimous
	Stewart v Elk Valley Coal Corp 2017 SCC 30 [25]	Discrimination based on mental and physical disability	–	–
	Teal Cedar Products Ltd v British Columbia 2017 SCC 32 [26]	Standard of review of commercial arbitration awards	–	McLachlin CJ and Abella, Karakatsanis and Wagner JJ
	Douez v Facebook, Inc 2017 SCC 33 [27]	Private intentional law – Jurisdiction	Karakatsanis and Wagner JJ	–
	R v George 2017 SCC 38 [28]	Defence of mistake of age in sexual assault charges	–	Unanimous
	Quebec (AG) v Guérin 2017 SCC 42 [29]	Standard of review of arbitration decisions	Wagner J	McLachlin CJ and Karakatsanis J
	Uniprix inc v Gestion Gosselin et Bérubé inc 2017 SCC 43 [30]	Contract interpretation and renewal clauses	Wagner J	Abella, Moldaver, Karakatsanis and Brown JJ
	Canada (AG) v Thouin 2017 SCC 46 [31]	Civil procedure and immunity	Brown J	Unanimous
	Deloitte & Touche v Livent Inc (Receiver of) 2017 SCC 63 [32]	Tort of negligence; duty of care and negligent misrepresentation by auditor	Brown J	Karakatsanis and Rowe JJ

* Note: This list is current to November 5, 2016