The Top Canadian Landmark Cases

A curated ranking of ten decisions every Canadian JD student should know cold. Selected for influence, frequency of citation, and continuing relevance to modern doctrine.

1. 01

   R v Oakes

   The proportionality test cited in nearly every Charter limitation analysis since 1986.

2. 02

   Hunter v Southam Inc

   Established purposive interpretation and the s.8 reasonable-expectation-of-privacy framework.

3. 03

   Reference re Secession of Quebec

   Four unwritten constitutional principles + the duty to negotiate following a clear democratic mandate.

4. 04

   Canada (Minister of Citizenship and Immigration) v Vavilov

   Modern standard-of-review framework. Reasonableness presumed; correctness in five categories.

5. 05

   Tsilhqot''in Nation v British Columbia

   First declaration of Aboriginal title to a specific tract of land.

6. 06

   Bhasin v Hrynew

   Good faith as an organising principle of Canadian contract law; duty of honest performance.

7. 07

   Roncarelli v Duplessis

   There is no such thing as absolute discretion. Foundation of administrative law.

8. 08

   R v Stinchcombe

   Crown duty to disclose all relevant non-privileged information to the defence.

9. 09

   Carter v Canada (Attorney General)

   Reversed Rodriguez. Section 7 framework applied to physician-assisted dying.

10. 10

    Cooper v Hobart

    Modern Anns/Cooper framework for novel duties of care.