Constitutional

Desrochers v. Canada (Industry), 2009 SCC 8
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(Constitutional / Charter / Official languages)
D ran a corporation created by the Francophone community to address shortcomings in provision of Industry Canada's programs in the French language in a community.  After filing complaints with the Commissioner of Official Languages of Canada, D applied to court for a finding that Industry Canada was in breach of the Official Languages Act.  The court found that Industry Canada had been in breach when the application was filed, but was no longer in breach when the court reached its decision.  The court dismissed the application without costs.  The Court of Appeal held that the application should have been granted, but that only costs should be awarded as remedy.  The Supreme Court affirmed the decision of the Court of Appeal, but found that the duties of linguistic equality set out in the Constitution and the Official Languages Act are wider than set out by the Court of Appeal.
Majority/Dissent: 7/0

Confédération des syndicats nationaux v. Canada (Attorney General), 2008 SCC 68
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(Constitutional law / Division of powers)
In 1996, the federal government restructured Canada's unemployment insurance system.  Under this new system, the government introduced five types of employment benefits, and set premiums at a level that would cover benefit expenditures and allow a surplus to accumulate to ensure long-term stability.  In 2001 and 2005, the government amended the Employment Insurance Act to allow premium levels to be set by the Governor General in Council (i.e. the federal cabinet), rather than Parliament.  CSN applied for a declaration that the premium-setting mechanisms, the accumulation of surpluses and the allocation of those surpluses was unconstitutional.  The Court rejected the argument that the allocation of surpluses was unconstitutional, but accepted that delegating premium-setting to cabinet was unconstitutional and granted a declaration of unconstitutionality.  The declaration was suspended for 12 months.
Majority/dissent: 7/0

R. v. Kapp, 2008 SCC 41
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(Charter / Aboriginal law / Fisheries)
The federal government developed the Aboriginal Fisheries Strategy to improve aboriginal involvement in the commercial fishery.  Part of this strategy provided for a 24-hour period during which fishers without aboriginal licences were excluded from the fishing zone.  Protesters, including K, participated in a protest fishery and were charged with fishing at a prohibited time.  At trial, the protesters argued that the licences violated their equality rights under s. 15 of the Charter.  The trial judge agreed and stayed the charges.  On appeal, the stay was lifted and convictions were entered.  The Court found that the licences did not violate s. 15, since they fell under the protection of s. 15(2).  The appeal was dismissed.
Majority/Concurring: 8/1

Charkaoui v. Canada (Citizenship and Immigration), 2008 SCC 38
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(Constitutional law / Charter / Immigration law)
C was arrested and detained under an immigration security certificate.  During reviews of his detention, CSIS was ordered to turn over interview notes that should have been disclosed.   New allegations were filed against C, based on new evidence.  C filed a motion to dismiss this new evidence, and for disclosure of notes from his interview.  CSIS admitted that it had destroyed those notes, pursuant to policy.  C applied for a stay of proceedings or exclusion of the new evidence.  The Court held that the destruction of the notes breached CSIS's statutory obligations and compromised judicial review.  The hearing judge granted the appropriate remedy by postponing the detention review hearing.  The Court denied the stay application, but confirmed that CSIS should release C's entire file, first to be filtered by the judge, then to C.
Majority/Dissent: 9/0

Société des Acadiens et Acadiennes du Nouveau?Brunswick Inc. v. Canada, 2008 SCC 15
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(Minority language rights / Constitutional law / Police)
Under an agreement between Canada and New Brunswick, the RCMP provides provincial policing services in New Brunswick.  The issue was whether RCMP members have to fulfill language obligations imposed by s. 20(2) of the Canadian Charter of Rights and Freedoms when acting as provincial police officers.  The Court held that the RCMP retains its status as a federal institution, but RCMP members are required to conform to s. 20(2) when acting in their provincial capacities.
Majority/Dissent: 9/0