By the Court decisions of the Supreme Court of Canada
- By the Court decisions of the Supreme Court of Canada
Justices of the Supreme Court of Canada have the option of releasing reasons for a unanimous decision anonymously by simply attributing the judgment to "The Court". The practice began around 1979 by Chief Justice Laskin, borrowing from the US Supreme Court practice of anonymizing certain unanimous decisions. [L'Heureux-Dubé, Claire. "The Dissenting Opinion: Voice of the Future?" 38 Osgoode Hall L.J. 495 at 500] Though, unlike the US who use it primarily for uncontroversial cases, in Canada it has been used almost exclusively for important and controversial cases. [McCormick, Peter. "The Political Jurisprudence of Hot Potatoes" (2002) 13 Nat'l J. Const. L. 271 at 176] It has been suggested that the practice has been used to give greater authority to the decision by having the entire Court speak as a single voice. [Bzdera, Andre. "Comparative Analysis of Federal High Courts: A Political Theory of Judicial Review" (1993) 26 Canadian Journal of Political Science 3 at 25]
Peter McCormick, a professor of political science at the University of Lethbridge who studies Canada's appellate courts, calls these "per coram decisions." That terminology, however, is not in general use. McCormick states that there were 9 reported per coram decisions prior to Bora Laskin's term as Chief Justice, 15 reported per coram decisions under Laskin's Chief Justiceship, and 51 reported per coram decisions under Dickson's Chief Justiceship. [McCormick, Peter. "The Supervisory Role of the Supreme Court of Canada: Analysis of Appeals from Provincial Courts of Appeal, 1949-1990" (1992), 3(2d) Supreme Court Law Review 1, at p. 27.]
List
The following is a list of anonymous decisions that are attributed to "The Court":
References
ee also
*Per curiam decision
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