The Supreme Court\u27s First One Hundred Charter of Rights Decisions: A Statistical Analysis

Abstract

This study presents a descriptive statistical analysis of the Supreme Court of Canada\u27s first one hundred Charter of Rights decisions (1982-1989). Charter appeals now constitute one-quarter of the Court\u27s annual caseload. The Court has abandoned the judicial self-restraint that shaped its pre-Charter civil liberties jurisprudence. It has upheld rights claimants in 35 percent of its decisions and declared nineteen statutes void. Seventy-five percent of the Court\u27s Charter work dealt with legal rights and criminal justice, but more provincial statutes were declared invalid than federal. After an initial period of consensus, the Court divided into identifiable voting blocs, with wide discrepancies between different Judges\u27 support for Charter claims. In three respects-composition of docket, success rate, and nullification of statutes- the Canadian Supreme Court closely resembled its American counterpart

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