Government Litigation in Canada: Influences on Judicial Decision Making in Comparative Perspective

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Abstract

This study examines the applicability of US models of judicial decision making to courts in other countries. It focuses on the influence of government litigators on the Canadian Supreme Court. In the US, studies have found the Solicitor General has a high rate of success, and that success reflects the special advantages of his office. In Canada, the Federal Attorney General exercises similar duties to that of the SG, but he does not dominate the litigation field. Canada’s integrated court system means Provincial Attorneys General participate just as frequently before the Court – often as the Crown’s representative in criminal cases. This study examines the role of each government in litigation and their respective success levels, before turning its attention to the actual influence of these participants on judicial decisions. Using a multivariate analysis of Charter of Rights and Freedoms decisions made by the Canadian Supreme Court between 1984 and 2009, I examine the effect of government participation on the outcome of cases. The paper assesses whether the federal government is the intrepid litigator found in the US or whether models must take into account the influence of other factors in Canadian judicial decision making.
Original languageAmerican English
StatePublished - Apr 2011
EventAnnual Meeting of the Midwest Political Science Association -
Duration: 1 Apr 2011 → …

Conference

ConferenceAnnual Meeting of the Midwest Political Science Association
Period1/04/11 → …

EGS Disciplines

  • Political Science

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