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

Abstract

Justice Suzanne Côté was appointed to the Supreme Court of Canada in December 2014. In her brief tenure on the Court she has developed a reputation as a frequent dissenter. In this short paper I examine whether the label is justified. I examine the frequency with which Justice Côté is dissenting, both relative to the overall rate of dissents of the current Supreme Court and to historical standards. I also delve into the nature of her disagreements with the majority, including her highly unconventional practice of dissenting on leave applications. What emerges is a picture of a justice whose willingness to speak in her own voice and to disagree is at odds with the practices of the current Supreme Court, and in particular, with recently retired Chief Justice McLachlin’s efforts to achieve unanimity.

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