November is shaping up to be a particularly busy month at the Supreme Court of Canada, with major hearings scheduled and a pile of pending judgments, including the landmark ruling in the Quebec secularism case on the limits of the Charter of Rights and Freedoms.
asserted
November → shape → Rights
A number of those expected judgments are complicated by the retirement earlier this year of justice Sheilah Martin.
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number → expect → Martin
She left the court at the end of May but is allowed to participate in published judgments on cases on which she sat for six months thereafter – until the end of November.
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she → leave → November
On rulings issued from the start of December onward, she wouldn’t be counted in the votes of a decision in cases on which she sat.
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she → issue → which
Her name would be marked with an asterisk, with a note that states: “Took no part in the judgment.”
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that → mark → judgment
In past retirements from the top court, some judges have been marked with an asterisk on a handful of cases.
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judges → mark → cases
Right now, however, there are 19 pending rulings on which retired justice Martin was part of the hearings, according to a tally from Supreme Advocacy, a law firm in Ottawa that specializes in Supreme Court work.
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that → be → work
The most anticipated ruling is the Quebec secularism case, which was heard over four days in March, one of the longest hearings in the court’s history.
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which → hear → history
The case revolves around the Charter of Rights and the notwithstanding clause.
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case → revolve → Rights
It began in 2019 when Quebec passed Bill 21 and shielded the law against Charter challenges with the notwithstanding clause.
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Quebec → begin → clause
Bill 21 prohibits many public-sector workers including teachers, from wearing religious symbols, such as a hijab or cross, on the job.
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Bill → prohibit → job
In June at his annual press conference, Chief Justice Richard Wagner said the judges were working to get the Bill 21 ruling out within retired justice Martin’s six-month window.
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judges → say → window
“I would like to ensure that she is part of the decision,” Chief Justice Wagner said in remarks translated from French.
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Wagner → like → French
“That’s a deadline we’re taking into account.”
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we → ’ → account
While Bill 21 will be the most significant judgment from the court in recent years, there are a number of other important rulings pending.
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Bill → be → rulings
The absence of former justice Martin wouldn’t always matter, if the judges are unanimous or near unanimous in their rulings, but it could make a big difference if there’s a split in the court.
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it → matter → court
“I can’t see them all being released,” said Supreme Advocacy’s Thomas Slade in a LinkedIn post, of the 19 pending judgments on which former justice Martin sat.
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Martin → see → which
“I would imagine the focus would be on those where there’s a split decision.
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focus → imagine → those
We’ve already had a few close splits this fall.”
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We → have → splits
Among the pending judgments are cases on overlapping Aboriginal title, police powers to randomly stop drivers in the name of road safety, and a major privacy case against Facebook.
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cases → pende → Facebook
It was heard May 22, the final case on which justice Martin sat during her 8½ years on the Supreme Court.
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Martin → hear → Court
Among her specialties is criminal law, including sexual assault.
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law → include → assault
“There are some significant cases in the mix,” said Michael Plaxton, a law professor at the University of Saskatchewan, in a Substack post.
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Plaxton → be → post
Beyond the pending judgments, the biggest hearing of the fall at the Supreme Court is set for Nov. 9 and 10.
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hearing → pende → Nov.
Those rules effectively prohibited more than 1,500 types of firearms that had previously been legal for licensed ownership and use.
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that → prohibit → ownership
Ottawa has described the banned guns as assault weapons that have been used in mass shootings.
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that → describe → shootings
Legal challenges against the gun prohibitions have twice failed, first at the Federal Court in 2023 and then again at the Federal Court of Appeal last year.
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challenges → fail → Appeal
Another important hearing is set for Nov. 6, a heavily redacted case called “Named Persons.”
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hearing → set → Nov.
It involves negligent disclosure by the government related to the identity of a confidential informer.
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It → involve → informer
The trial court in British Columbia concluded there was a breach of the Charter of Rights and Freedoms’ Section 7, the security of the person, and awarded damages to Named Persons.
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court → conclude → Persons
The federal government won at the B.C. Court of Appeal and the award of Charter damages was set aside.
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award → win → damages
The Aporia
