Gender Diversity in the Intermediate Appellate Courts of Canada

Abstract

A large sample of cases from the courts of appeal in five large Canadian provinces are examined to assess the impact of gender diversification on appellate courts. The findings are that there are significant gender differences on the courts of appeal that parallel those on the Supreme Court of Canada. Women are significantly more likely than men are to support the government in criminal cases and to support the individual in civil liberties cases. Moreover, strong panel effects are discovered. As the number of female judges increases, the more male judges tend to adopt the typical female approach to judicial outcomes; no evidence is found that supports critical mass theory.