Presenting TheCourt.ca’s Second Annual Golden Gavel Awards!

And the Nominees Are…

It’s that time of year again, court-watchers. As nominations for the 83rd Annual Academy Awards (Oscars) were announced earlier this week, we at TheCourt thought it about time we released the list of nominees for our own annual prize —  the equally prestigious and most coveted Golden Gavel, formerly known as the OZZY.

Unfortunately, Osgoode Hall Law School does not *yet* afford TheCourt.ca’s editors sufficient funds to rent out the Kodak Theatre for the lavish Golden Gavel awards ceremony (and rumour has it that the Kodak is already booked on February 27th, when the Golden Gavels will be handed out), but we are grateful for this space in the blogosphere to recognize what have been — in our view — the most important developments in Supreme Court of Canada jurisprudence from the previous year. A run-down of last year’s nominees and winners is available here.

The Golden Gavels are awarded in the following categories:

• Criminal Judgment of the Year
• Constitutional Judgment of the Year
• Civil Judgment of the Year
• Concurrence of the Year
• Dissent of the Year
• Most Disappointing Refusal of Leave
• Most Exciting Grant of Leave
• Justice of the Year
• Judgment of the Year

And so here you have it, court-watchers! –The list of nominees for the second annual Golden Gavel awards, as selected by members of TheCourt.ca‘s editorial team:

Criminal Judgment of the Year

R. v. CORNELL, 2010 SCC 31, on the reasonableness of police conduct during the execution of a search warrant on a private dwelling. The Supreme Court’s decision is well canvassed on this site, with Christine Kellowan first engaging it here and Katherine MacLellan following up here.

R. v. GOMBOC, 2010 SCC 55, on Charter protections against unreasonable search and seizure with respect to the warrantless use of new technology to measure the flow of electricity into a residence. Umair Abdul discussed this case in its Court of Appeal context here.

R. v. MORELLI, 2010 SCC 8, on the validity of a search warrant obtained on a faulty and problematic basis in a child pornography investigation. Ahsan Mirza first commented on the ruling here with respect to criminal possession of digital images, with James Yap later writing about the Supreme Court’s jurisprudence on internet-based child sexual exploitation here.

R. v. SINCLAIR, 2010 SCC 35, on the interpretation of s. 10(b) of the Charter re the presence of defence counsel during a custodial interrogation. Laura Achoneftos originally covered the Supreme Court’s decision here, and later surveyed it as part of a new “iron triangle” of interrogation cases here. Rebecca Ross also discussed the case when it was first granted leave here.

TORONTO STAR NEWSPAPERS v. CANADA, 2010 SCC 21, on the constitutionality of mandatory publication bans authorized under s. 517 of the Criminal Code. Christine Kellowan canvassed the Supreme Court’s ruling here, with Regina Lee and Ankur Bhatt preceding her in the appellate context here and here.

Constitutional Judgment of the Year

REFERENCE re ASSISTED HUMAN REPRODUCTION ACT, 2010 SCC 61, on the constitutional law of federalism as well as important legal questions concerning the broad subject matter of the statute, ranging from in-vitro fertilization to human cloning. Dave Snow commented on the Supreme Court’s reference here.

CANADA (PRIME MINISTER) v. KHADR, 2010 SCC 3, on the Charter rights of Omar Khadr and possibility that the Canadian government may be compelled to request his repatriation from Guantanamo Bay. Cris Best and James Gotowiec wrote posts on the high profile decision here and here, with Ahsan Mirza and James Gotowiec anticipating the reasons here and here.

VANCOUVER (CITY) v. WARD, 2010 SCC 27, on the new test for awarding constitutional damages under s. 24(1) of the Charter as a remedy for breaching rights. Christine Kellowan twice commented on the case, most recently in its Supreme Court context here and last year in its Court of Appeal context here.

R. v. NATIONAL POST, 2010 SCC 16, on the interplay of journalistic-source privilege and ss. 2(b) and 8 of the Charter, protecting freedom of expression and the right to be free from unreasonable search and seizure respectively. The decision has been thoroughly canvassed on this site at the Supreme Court level by Cris Best here and here, and at the Court of Appeal level by Jakki Warkentin here, Kevin Tilley here, and Julian Ho here.

R. v. CONWAY, 2010 SCC 22, on the relationship between the Charter, its remedial provisions, and administrative tribunals. Cris Best commented on this important case here.

Civil Judgment of the Year

FULLOWKA v. PINKERTON’S OF CANADA LTD., 2010 SCC 5, on the potential liability of the security firm hired to ease tensions in the labour dispute at Giant Mine, where a 1992 explosion killed nine people. I commented on the decision when it was first released here, with Neil Wilson following up here.

GLOBE AND MAIL v. CANADA (ATTORNEY GENERAL), 2010 SCC 41, on the rules concerning journalistic-source privilege in the civil litigation context. (The privilege was also discussed this year in the Golden Gavel-nominated R. v. National Post, but in the criminal investigation context.) The Globe and Mail ruling has been surveyed by Umair Abdul here.

NEMETH v. CANADA (JUSTICE), 2010 SCC 56, on the “principle of non-refoulement” in international law — whether a person with refugee status in Canada may be extradited to a foreign country where she may be subject to human rights violations. Alysia Lau discussed the decision here, with James Yap considering it in the Court of Appeal context here.

PROGRESSIVE HOMES LTD. v. LOMBARD GENERAL INSURANCE CO. OF CANADA, 2010 SCC 33, on the interpretation of general liability insurance policies relating to the construction of defective homes. Christine Kellowan covered the decision here.

REFERENCE RE BROOME v. PRINCE EDWARD ISLAND, 2010 SCC 11, on the possibility that governments may owe a duty of care to orphans who rely on their protection in the absence of parental or other guardian-like protection. Christine Kellowan surveyed the Supreme Court case here, while I engaged it in the Court of Appeal context here.

Concurrence of the Year

R. v. GOMBOC (Abella J.’s reasons), 2010 SCC 55, on Charter protections against unreasonable search and seizure with respect to the warrantless use of new technology to measure the flow of electricity into a residence. Umair Abdul discussed this case in its Court of Appeal context here.

BECKMAN v. LITTLE SALMON/CARMACKS FIRST NATION (Deschamps J.’s reasons), 2010 SCC 53, on aboriginal land claim treaties and the duty to consult. Katherine MacLellan surveyed this case in depth here.

NIL/TU, O CHILD AND FAMILY SERVICES v. B.C. GOVERNMENT AND SERVICES EMPLOYEES’ UNION (McLachlin and Fish JJ.’s reasons), 2010 SCC 45, on the jurisdiction of labour relations on federalism grounds.

Dissent of the Year

R. v. SINCLAIR (Binnie J.’s reasons), 2010 SCC 35, on the interpretation of s. 10(b) of the Charter re the presence of defence counsel during a custodial interrogation. Laura Achoneftos originally covered the Supreme Court’s decision here, and later surveyed it as part of a new “iron triangle” of interrogation cases here. Rebecca Ross also discussed the case when it was first granted leave here.

R. v. CORNELL (Fish J.’s reasons), 2010 SCC 31, on the reasonableness of police conduct during the execution of a search warrant on a private dwelling. Christine Kellowan first engaged the Supreme Court’s decision here, with Katherine MacLellan following up here.

R. v. NATIONAL POST (Abella J.’s reasons), 2010 SCC 16, on the interplay of journalistic-source privilege and ss. 2(b) and 8 of the Charter, protecting freedom of expression and the right to be free from unreasonable search and seizure respectively. The decision has been thoroughly canvassed on this site at the Supreme Court level by Cris Best here and here, and at the Court of Appeal level by Jakki Warkentin here, Kevin Tilley here, and Julian Ho here.

TORONTO STAR NEWSPAPERS v. CANADA (Abella J.’s reasons), 2010 SCC 21, on the constitutionality of mandatory publication bans authorized under s. 517 of the Criminal Code. Christine Kellowan canvassed the Supreme Court’s ruling here, with Regina Lee and Ankur Bhatt discussing the case in its appellate context here and here.

TERCON v. MINISTRY OF TRANSPORT AND HIGHWAYS (Binnie J.’s reasons), 2010 SCC 4, on infractions in the tendering process and controversial contract law doctrine of fundamental breach. Benjy Radcliffe commented on the decision here, following Paul Emanuelli’s survey of the Court of Appeal decision here.

Most Disappointing Refusal of Leave

DUFF CONACHER v. PRIME MINISTER OF CANADA, 2010 FCA 131, on the conduct of the Prime Minister in advising the Governor General to dissolve Parliament on a date other than those fixed in the Canada Elections Act.

NEW BRUNSWICK HUMAN RIGHTS COMMISSION v. PROVINCE OF NEW BRUNSWICK, AS REPRESENTED BY THE DEPARTMENT OF SOCIAL DEVELOPMENT, 2010 NBCA 40, on the equality rights of a severely autistic man requiring a level of care that is unavailable in New Brunswick.

R. v. DONALD PLANTE, 2010 QCCA 1025, on the offence of aggravated assault and the knowledge of an assailant of a victim’s exact condition at the time of the violent conduct.

Most Exciting Grant of Leave

CROOKES v. NEWTON, 2009 BCCA 392, on the possible legal consequences of a website hyperlinking to defamatory material. Sona Dhawan canvassed the decision here.

PUBLIC SERVICE ALLIANCE OF CANADA v. CANADA POST CORPORATION, 2010 FCA 56, on the the implementation of the legal principle that an employer may not pay men and women differently for work of equal value.

SOCAN v. BELL CANADA, 2010 FCA 123, on the scope of the fair dealing defence in copyright law. Laura Achoneftos discussed the far reaching implications of this case here.

VAN BREDA v. VILLAGE RESORTS LTD., 2010 ONCA 232, on the reformulated “real and substantial” connection test used to determine whether a Canadian court may assume jurisdiction over a dispute. Laura Achoneftos, Christine Kellowan, and Sona Dhawan anticipated the Supreme Court’s reasons here, here, and here.

R. v. YAT FUNG ALBERT TSE, 2008 BCSC 211, on the constitutional validity of wiretaps issued pursuant to s. 184.4 of the Criminal Code.

Justice of the Year

ABELLA J., last year’s winner, for the continuing strength of her dissents in important civil liberties cases, including R. v. National Post, 2010 SCC 16, and Toronto Star Newspapers v. Canada, 2010 SCC 21.

BINNIE J., if for no other reason than his exceptionally strong dissent in R. v. Sinclair, 2010 SCC 35.

CROMWELL J., for the singular fact that he never once dissented this year.

FISH J., for continuing to provide leadership as the Supreme Court’s resident criminal law expert with majority reasons in R. v. Levigne, 2010 SCC 25, and R. v. Morelli, 2010 SCC 8, as well as his dissent in R. v. Cornell, 2010 SCC 31.

MCLACHLIN C.J.C., for doing much heavy lifting with reasons in Reference re Assisted Human Reproduction Act (with Charron J.), 2010 SCC 61, R. v. Sinclair, 2010 SCC 35, and Vancouver (City) v. Ward, 2010 SCC 27, among other decisions.

Judgment of the Year

CANADA (PRIME MINISTER) v. KHADR, 2010 SCC 3, on the Charter rights of Omar Khadr and possibility that the Canadian government may be compelled to request his repatriation from Guantanamo Bay. Cris Best and James Gotowiec wrote posts on the high profile decision here and here, with Ahsan Mirza and James Gotowiec anticipating the reasons here and here.

REFERENCE re ASSISTED HUMAN REPRODUCTION ACT, 2010 SCC 61, on the constitutional law of federalism as well as important legal questions concerning the broad subject matter of the statute, ranging from in-vitro fertilization to human cloning. Dave Snow commented on the Supreme Court’s reference here.

R. v. NATIONAL POST, 2010 SCC 16, on the interplay of journalistic-source privilege and ss. 2(b) and 8 of the Charter, protecting freedom of expression and the right to be free from unreasonable search and seizure respectively. The decision is thoroughly canvassed on this site, at the Supreme Court level by Cris Best here and here, and at the Court of Appeal level by Jakki Warkentin here, Kevin Tilley here, and Julian Ho here.

R. v. SINCLAIR, 2010 SCC 35, on the interpretation of s. 10(b) of the Charter re the presence of defence counsel during a custodial interrogation. Laura Achoneftos originally covered the Supreme Court’s decision here, and later surveyed it as part of a new “iron triangle” of interrogation cases here. Rebecca Ross also discussed the case when it was first granted leave here.

TORONTO STAR NEWSPAPERS v. CANADA, 2010 SCC 21, on the constitutionality of mandatory publication bans authorized under s. 517 of the Criminal Code. Christine Kellowan canvassed the Supreme Court’s ruling here, with Regina Lee and Ankur Bhatt discussing the case in its appellate context here and here.

And the Golden Gavel Goes to…

The winners of the second annual Golden Gavel awards will be announced on TheCourt.ca at 8:00 pm EST on February 27, 2011, coincident with the live Oscar telecast!

The editorial team welcomes any and all feedback on which cases deserve to win or lose a Golden Gavel, and which should or should not have earned a nomination this year. Your comments may even help swing our votes in one direction or another, so please do not hesitate to comment and ensure your voice is heard in this exciting race.