Research Paper Number

9/2014

Subsequently published in the Osgoode Hall Law Journal.

Document Type

Article

Publication Date

2014

Keywords

Supreme Court; gender; judgment assignment; Chief Justice; important cases; women judges

Abstract

This article poses the question: now that women are receiving an increasing share of the seats on the Supreme Court of Canada, can we conclude with confidence that they have been admitted to full participation, with a mix of judgments — including the more significant decisions — that is fully comparable to their male colleague? The author looks at the assignment of reasons for judgment on the Court over the last three chief justiceships, with specific reference to the relative rate of assignments to men and women judges. Finally, he finds that the male/female gap is more robust than ever, although he also identifies other considerations which suggest that there may be factors other than gender alone that are at play.

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