The Supreme Court's fall docket is highlighted by several important cases, some of which will likely be heard before two new judges can take their seats on the bench. They include:
Hate crime: An appeal on Oct. 12 involves a Saskatchewan Human Rights Commission finding that the defendant violated protections against hate crime by circulating antigay pamphlets. The Saskatchewan Court of Appeal overturned the ruling, citing the defendant's constitutional right to free expression. Were the new judges to have made it onto the bench in time, it would have given an early indication of where they stand on the divisive question of human rights versus free speech.
Drunk driving: In a pair of cases to be heard on Oct. 13, the accused will argue that a Criminal Code provision eliminating the so-called "two beer" defence violates their right to full answer and defence and to be free of self-incrimination.
Aboriginal sentencing: On Oct. 17, the court will review the meaning and relevance of its landmark 1999 decision R v. Gladue, which held that aboriginal offenders should be treated differently than others in sentencing for criminal offences. In the absence of Mr. Justice Ian Binnie, an expert in the field who was notably sensitive to aboriginal history and aspirations, the court could swing in either direction on an area of law that has frequently divided it.
French-language rights: The case involves a Halifax municipality that failed to provide the same funding for French- and English-language schools. Two judges with a deep understanding of the issue, Mr. Justice Michel Bastarache and Madam Justice Louise Charron, have retired, leaving the possibility that the two impending nominees could tip the balance for or against minority rights.
Wiretaps: The court will consider the constitutionality of a provision that allows police to conduct wiretaps without judicial authorization in emergencies. It is a classic example of the sort of case where the court is liable to split 5-4 or 6-3, and would give an indication of whether the new judges are likely to line up on the pro-law enforcement side or be among a dwindling faction that supports the rights of the accused.
Copyright: In a series of cases in early December, the court will flesh out the boundaries of copyright law in relation to downloaded music, movie scores and computer games.
Religious rights: A high-profile appeal on Dec. 8 pits a sexual-assault victim who wants to testify while garbed in a niqab against defendants who allege that fair-trial rights require that her face be fully visible. If either of the new judges is female or from a visible minority, they could bring a unique perspective to internal debate.
Métis rights: On Dec. 13, the court will hear an appeal involving a quite different aspect of the aboriginal rights issues – whether an agreement dating back to the 1870s that set land aside for the Métis in Manitoba should be honoured.