Who Writes? Gender and Judgment Assignment on the Supreme Court of Canada

Osgoode Hall Law School 51:2, Forthcoming

Osgoode Legal Studies Research Paper No. 9/2014

28 Pages Posted: 28 Jan 2014 Last revised: 21 Feb 2014

Date Written: January 1, 2014

Abstract

This article poses the question: now that women are receiving an increasing share of the seats on the Supreme Court of Canada, can we conclude with confidence that they have been admitted to full participation, with a mix of judgments — including the more significant decisions — that is fully comparable to their male colleague? The author looks at the assignment of reasons for judgment on the Court over the last three chief justiceships, with specific reference to the relative rate of assignments to men and women judges. Finally, he finds that the male/female gap is more robust than ever, although he also identifies other considerations which suggest that there may be factors other than gender alone that are at play.

Keywords: Supreme Court, gender, judgment assignment, Chief Justice, important cases, women judges

JEL Classification: J71, K39, K41, K42, K49

Suggested Citation

McCormick, Peter James, Who Writes? Gender and Judgment Assignment on the Supreme Court of Canada (January 1, 2014). Osgoode Hall Law School 51:2, Forthcoming; Osgoode Legal Studies Research Paper No. 9/2014. Available at SSRN: https://ssrn.com/abstract=2386323

Peter James McCormick (Contact Author)

University of Lethbridge ( email )

4401 University Drive
Lethbridge, Alberta T1K 3M4
Canada

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