The Judicial Diplomacy of the Supreme Court of Canada and Its Impact: An Empirical Overview

Abstract

Courts and judges across the globe, including the Supreme Court of Canada (SCC), are actively engaged in a metaphorical “dialogue” through the exchange of their judicial decisions. Is it the only type of communication happening among courts and judges? This empirical study, centered on interviews with ten current and former justices of the SCC and non-­‐public archival documents, shows that courts have established regular bilateral relationships with foreign counterparts, participate in multilateral transnational judicial associations and organizations, and have occasional contacts with other foreign courts, which I call “judicial diplomacy”. In addition to these institutional court-­to-­court relationships, the transnational judicial conversation occurs also between individual justices. Judges play a key role in such transnational conversations and exchanges. This paper reveals that former and current judges of the SCC interact with foreign and international judges not only within official meetings of the SCC, or as part of the Court’s delegation, but also individually through several mechanisms. The bilateral or multilateral foreign relationships of the SCC, whether as an institution or through individual judges, should not be considered informal or unimportant as they have demonstrable effects. It is through these meetings that they exchange views on their decisions, generate substantive, procedural, and court management ideas, often turning these ideas into action; such as establishing global and regional judicial networks, judicial training institutions, or electronic networks. Ultimately, the data of this research demonstrate that this dialogue with foreign counterparts also have a broader impact on Canada’s global reputation and foreign policy.