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The Supreme Court Law Review: Osgoode’s Annual Constitutional Cases Conference

Abstract

Do Canadian citizens support their courts, and what factors influence that support? While it is well recognized that public confidence in the judicial branch is crucial for its effective functioning, how to measure and analyze this confidence is debated. This article explores how social scientists conceptualize and study trust and perceptions of legitimacy in courts. Using data from the Canada Election Studies spanning 2008 to 2021 and an original survey conducted in 2023, this article provides an overview of the current state of trust in Canadian courts, the known correlates of confidence, and recommendations for maintaining public support. We find that, while Canadians believe that courts make decisions in the best interest of citizens, the data indicate a slight decline in Canadians’ confidence in the courts over time. Additionally, a preliminary examination of judicial legitimacy and attitudes toward court curbing suggest that citizens’ views on the courts are becoming increasingly politicized.

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This work is licensed under a Creative Commons Attribution-Noncommercial-No Derivative Works 4.0 License.

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