Research Paper Number
Supreme Court, judicial decision-making, anonymity, McLachlin
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.
McCormick, Peter, "‘By the Court’: The Untold Story of a Canadian Judicial Innovation" (2016). Osgoode Legal Studies Research Paper Series. 171.