Stability and Change: Policy Evolution on the Supreme Court of Canada, 1945–2005

Abstract

AbstractStudies of the Supreme Court of Canada (SCC) focus largely on its policy-making role and its interpretation of the Charter of Rights. However, less studied are the Court's decisions in earlier periods, especially in comparison to the Charter years and in cases beyond civil rights and liberties. This study fills a gap in the scholarship by analyzing the universe of decisions from 1945 to 2005 in criminal, tax and tort cases. Utilizing Baum's (1988, 1989) method to examine policy change, I explore policy trends on the Supreme Court. The findings suggest that, for the most part, the SCC has remained a stable, consistent body over the course of its modern history. It appears that most of the variation in judicial output across time is due to issue change with some shifts due to personnel and membership change.