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The Supreme Court Cites The Supreme Court: Follow-Up Citation On The Supreme Court Of Canada, 1989-1993, Peter Mccormick
The Supreme Court Cites The Supreme Court: Follow-Up Citation On The Supreme Court Of Canada, 1989-1993, Peter Mccormick
Osgoode Hall Law Journal
Judges do not simply declare outcomes but also give reasons; in Canada, these reasons are typically organized around citations of judicial authority. Each citation acknowledges a contribution to the immediate decision; therefore, a statistical analysis of citation patterns is also a measure of judicial influence. This study considers follow-up citations of the Supreme Court of Canada over a five-year period to assess the influence of past and current members of the Court, developing appropriate discounts for the recency of the citation and for its nature and extent. The sui generis impact of the Charter suggests that these inferences cannot be …
Criminal Fault As Per The Lamer Court And The Ghost Of William Mcintyre, Michael J. Bryant
Criminal Fault As Per The Lamer Court And The Ghost Of William Mcintyre, Michael J. Bryant
Osgoode Hall Law Journal
Contrary to recent criticisms to the effect that the Supreme Court of Canada favours the rights of criminal defendants and shuns the interests of the community, the Lamer Court has in fact championed the moral requisites of the community in its constitutional jurisprudence on criminal fault. By viewing rights and responsibilities as inextricably linked, the Lamer Court implicitly borrows from natural law traditions espoused by the Dickson Court's most conspicuous dissenter on criminal fault issues-Mr. Justice William McIntyre. This article argues that the tradition or philosophy underlying criminal fault as per the Lamer Court contrasts with the individualist, rights-oriented tendency …