Chief Justice Dickson has suggested that Canadian jurists should consult American authority in Charter cases, but with care. The authors look at how the Court has followed this advice in its own criminal decisions rendered prior to March 1989, in which American authority is cited in less than 50 percent of the cases. The authors conclude that, in some significant areas, the Court has interpreted the interests of the accused more broadly than the American Supreme Court does and has on occasion done so without citing divergent U.S. precedent. The effect of sections 1 and 24(2) of the Charter on this trend remain to be seen.
Harvie, Robert and Foster, Hamar.
"Ties that Bind?: The Supreme Court of Canada, American Jurisprudence, and the Revision of Canadian Criminal Law under the Charter."
Osgoode Hall Law Journal