Research Paper Number

37/2016

‘By the Court’: The Untold Story of a Canadian Judicial Innovation

Authors

Peter McCormick, University of LethbridgeFollow

Subsequently published in the Osgoode Hall Law Journal.

Document Type

Article

Publication Date

2016

Keywords

Supreme Court, judicial decision-making, anonymity, McLachlin

Abstract

The Supreme Court of Canada has for several decades used an anonymous and unanimous decision format – ‘By the Court’ – for a subset of its constitutional decisions; although some of the specific cases (such as the Quebec Secession Reference) have been closely examined, the practice itself has never received focused consideration. This article establishes a chronology, an inventory, and a typology for the Supreme Court’s ‘By the Court’ judgments, and concludes by suggesting that it use has become more frequent under the current Chief Justice.

Recommended Citation

McCormick, Peter, "‘By the Court’: The Untold Story of a Canadian Judicial Innovation" (2016). Osgoode Legal Studies Research Paper Series. 171.
https://digitalcommons.osgoode.yorku.ca/olsrps/171