This is a list of Canadian legal concepts that are named after particular court decisions, chiefly of the Supreme Court of Canada.
| Term | Definition | Case | Court | Year | Province/ territory of originating case | Example of use |
|---|---|---|---|---|---|---|
| Dagenais-Mentuck test | Publication of court proceedings and evidence may be prohibited only where the appropriate court, in the exercise of its discretion, concludes that disclosure would subvert the ends of justice or unduly impair its proper administration, and that the salutary effects of the order sought outweigh the deleterious effects on the rights and interests of the parties and public | Dagenais v Canadian Broadcasting Corp, (1994) 3 SCR 835 | Supreme Court of Canada | 1994 | ON | "Although every court is responsible for its own records, discretionary decisions which affect the open court principle are subject to the Dagenais/Mentuck test." CBC v Bodnarek, 2017 ABQB 691 (CanLII) (per Yungwirth J.) at para. 43 |
| R v Mentuck, (2001) 3 SCR 442 | 2001 | MB | ||||
| Garofoli application, hearing, motion | A defence application to exclude evidence collected under a search warrant; a motion to determine such an application | R v Garofoli, (1990) 2 SCR 1421 | Supreme Court of Canada | 1990 | ON | "On a Garofoli application, the affidavit before the authorizing judge is assessed based on what the affiant 'knew or ought to have known,' not whether the information is true." World Bank Group v Wallace, (2016) 1 SCR 207 (per Moldaver and Côté JJ.), at para. 34 |
| Gladue report, factors, court | A pre-sentencing report that specifically addresses the circumstances of Aboriginal offenders, including the effects of colonialism, residential schools, etc., to determine whether a mitigation of sentence and particularly a non-custodial disposition is warranted; factors listed in such a report; a court specializing in hearing cases with Gladue factors | R v Gladue, (1999) 1 SCR 688 | Supreme Court of Canada | 1999 | BC | "In current practice, it appears that case-specific information is often brought before the court by way of a Gladue report, which is a form of pre-sentence report tailored to the specific circumstances of Aboriginal offenders." R v Ipeelee, (2012) 1 SCR 433 (per LeBel J.), at para. 60 |
| Jordan application | ||||||
| KGB warning | ||||||
| Khan application | ||||||
| Kienapple principle, stay | ||||||
| Meiorin test, analysis, approach | ||||||
| Oakes test | ||||||
| O'Connor application | ||||||
| Parsons voir dire | ||||||
| Rowbotham application, order | ||||||
| Sault Ste. Marie onus, test | ||||||
| Stinchcombe application | ||||||
| Vanweenan hearing | ||||||
| Vetrovec warning | ||||||
| Vukelich application | ||||||
| W. (D). framework, approach | ||||||
| Wigglesworth test | ||||||
| Wilson application, motion |
See also
This is a list of Canadian legal concepts that are named after particular court decisions, chiefly of the Supreme Court of Canada.
| Term | Definition | Case | Court | Year | Province/ territory of originating case | Example of use |
|---|---|---|---|---|---|---|
| Dagenais-Mentuck test | Publication of court proceedings and evidence may be prohibited only where the appropriate court, in the exercise of its discretion, concludes that disclosure would subvert the ends of justice or unduly impair its proper administration, and that the salutary effects of the order sought outweigh the deleterious effects on the rights and interests of the parties and public | Dagenais v Canadian Broadcasting Corp, (1994) 3 SCR 835 | Supreme Court of Canada | 1994 | ON | "Although every court is responsible for its own records, discretionary decisions which affect the open court principle are subject to the Dagenais/Mentuck test." CBC v Bodnarek, 2017 ABQB 691 (CanLII) (per Yungwirth J.) at para. 43 |
| R v Mentuck, (2001) 3 SCR 442 | 2001 | MB | ||||
| Garofoli application, hearing, motion | A defence application to exclude evidence collected under a search warrant; a motion to determine such an application | R v Garofoli, (1990) 2 SCR 1421 | Supreme Court of Canada | 1990 | ON | "On a Garofoli application, the affidavit before the authorizing judge is assessed based on what the affiant 'knew or ought to have known,' not whether the information is true." World Bank Group v Wallace, (2016) 1 SCR 207 (per Moldaver and Côté JJ.), at para. 34 |
| Gladue report, factors, court | A pre-sentencing report that specifically addresses the circumstances of Aboriginal offenders, including the effects of colonialism, residential schools, etc., to determine whether a mitigation of sentence and particularly a non-custodial disposition is warranted; factors listed in such a report; a court specializing in hearing cases with Gladue factors | R v Gladue, (1999) 1 SCR 688 | Supreme Court of Canada | 1999 | BC | "In current practice, it appears that case-specific information is often brought before the court by way of a Gladue report, which is a form of pre-sentence report tailored to the specific circumstances of Aboriginal offenders." R v Ipeelee, (2012) 1 SCR 433 (per LeBel J.), at para. 60 |
| Jordan application | ||||||
| KGB warning | ||||||
| Khan application | ||||||
| Kienapple principle, stay | ||||||
| Meiorin test, analysis, approach | ||||||
| Oakes test | ||||||
| O'Connor application | ||||||
| Parsons voir dire | ||||||
| Rowbotham application, order | ||||||
| Sault Ste. Marie onus, test | ||||||
| Stinchcombe application | ||||||
| Vanweenan hearing | ||||||
| Vetrovec warning | ||||||
| Vukelich application | ||||||
| W. (D). framework, approach | ||||||
| Wigglesworth test | ||||||
| Wilson application, motion |