The McLachlin Court by Numbers Stephen Bindman February 2013 HERE COME DA JUDGE 1 The Right Honourable Madam Chief Justice Beverley McLachlin, P.C. Appointed: March 30, 1989 Retirement: September 7, 2018 2 The Honourable Mr. Justice Louis LeBel Appointed: January 7, 2000 Retirement: November 30, 2014 3 The Honourable Mr. Justice Morris J. Fish Appointed: August 5, 2003 Retirement: November 16, 2013 4 The Honourable Justice Rosalie Silberman Abella Appointed: August 30, 2004 Retirement: July 1, 2021 5 The Honourable Mr. Justice Marshall Rothstein Appointed: March 1, 2006 Retirement: December 25, 2015 6 The Honourable Mr. Justice Thomas Albert Cromwell Appointed: December 22, 2008 Retirement: May 5, 2027 7 The Honourable Mr. Justice Michael J. Moldaver Appointed: October 21, 2011 Retirement: December 23, 2022 8 The Honourable Madam Justice Andromache Karakatsanis Appointed: October 21, 2011 Retirement: October 3, 2030 9 The Honourable Mr. Justice Richard Wagner Appointed: October 5, 2012 Retirement: April 2, 2032 10 Average age and experience at appointment of justices on the Supreme Court of Canada, 1970-2006 Source: Songer. (2008) The Transformation of the Supreme Court of Canada. University of Toronto Press: Toronto. 11 NEW KIDS ON THE BLOCK 12 Decisions written by Mr. Justice Moldaver and heard on appeal by the Supreme Court of Canada Case name and citation Disposition Involvement of Moldaver J.A. R. v. V. Y., 2011 Appeal Moldaver J.A. wrote SCC 22 Dismissed dissenting reasons of the Court of Appeal Celanese Canada Inc. v. Murray Appeal Allowed Moldaver J.A. wrote the Demolition Corp., 2006 SCC 36, decision of the Court of [2006] 2 S.C.R. 189 Appeal Penetanguishene Mental Health Appeal Allowed Moldaver J.A. wrote the Centre v. Ontario (A.G.), 2004 decision of the Court of SCC 20, [2004] 1 S.C.R. 498 Appeal R. v. Find, 2011 SCC 32, [2001] 1 Appeal Moldaver J.A. wrote S.C.R. 864 Dismissed dissenting reasons of the Court of Appeal Source: Office of the Commissioner for Federal Judicial Affairs Canada 13 Decisions written by Madam Justice Karakatsanis and heard on appeal by the Supreme Court of Canada Case name & citation Status Breeden v. Black, 2010 ONCA 547 Appeal Heard March 22, 2011: judgment rendered April 18, 2012. Appeal dismissed. R. v. Cole, 2011 ONCA 218 OVERTURNED October 19,2012. (reasonable expectation of privacy on office computer) Source: Office of the Commissioner for Federal Judicial Affairs Canada 14 WHISTLE WHILE YOU WORK 15 Source: SCC, Statistics 2001 to 2011 16 Source: SCC, Statistics 2001 to 2011 17 Source: SCC, Statistics 1999 to 2009 18 Source: SCC, Statistics 2001 to 2011 19 Source: SCC, Statistics 2001 to 2011 20 Appeals Heard 1999-2011: Origin Source: SCC, Statistics 1999 to 2011 21 Source: SCC, Statistics 2001 to 2011 22 Source: SCC, Statistics 2001 to 2011 23 • Source: SCC, Statistics 2001 to 2011 24 • Source: SCC, Statistics 2001 to 2011 25 Source: SCC, Statistics 2001 to 2011 26 • WHAT, ME DISAGREE? 27 • Source: SCC, Statistics 2001 to 2011 28 The Quantity and Unanimity of the Supreme Court of Canada The Court Quantity Unanimity (%) of: Dickson + ↑ 113 Average + ↑ 70.7 Average (1984-1990) + ↓ 71 84.3 + ↓ 40.7 56.6% Lamer + ↑ 93 Average + ↑ 57.9 Average (1990-2000) + ↓ 57 71.3 + ↓ 28.9 43.6% McLachlin + ↑ 77 Average + ↑ 70.1 Average (2000-2008) + ↓ 46 65.4 + ↓ 39.1 60.0% Source: Marie-Claire Belleau, les décisions unanimes et divisées de la Cour supreme du Canada: une analyse comparative 29 Unanimous and Split Decisions at the Supreme Court of Canada SCC 2000-2008 SCC 1982-2008 McLachlin All decisions issued and reported Unanimous 54% 60% decisions Divided decisions 46% 40% Non-unanimous decisions Judges with the 61% 67% majority Judges with the 38% 33% minority Source: Marie-Claire Belleau, les decisions unanimes et divisées de la Cour supreme du Canada: une analyse comparative 30 Decisions Reported from the Supreme Court of Canada, 1982-2010 (December 31 2010) Judge Unanim Non- Participate With With With the With the ous unanimou d in the the dissent on dissent Decisio s Writing Majorit dissent the result (%) ns Decisions (%) y (%) on the (%) reasons (%) Rothstein 99 24.2 70.7 14.1 13.1 29.3 Binnie 308 27.6 67.9 12.0 17.5 32.1 Abella 143 34.3 64.3 12.6 20.3 35.7 Charron 146 25.3 73.3 11.0 12.3 26.7 Fish 171 35.1 57.9 14.6 25.2 42.1 Deschamps 198 33.3 58.6 13.6 23.7 41.4 LeBel 252 40.9 56.4 17.5 21.4 43.7 McLachlin 641 41.7 56.0 22.6 17.9 43.2 Cromwell 31 19.4 74.2 0.0 19.4 25.8 31 -Degrees of Agreement – Concurrence at the Supreme Court of Canada: The 100 Most Recent Cases (January 2011 - June 30 2012) Source: Simon Fodden, SLAW.CA 32 -Degrees of Agreement – Concurrence at the Supreme Court of Canada: The 100 Most Recent Cases (January 2011 - June 30 2012) Source: Simon Fodden, SLAW.CA 33 ON YOUR OWN 34 Percentage of leave applications filed by self represented litigants Year Leave applications filed by Leave applications filed by % filed by self Granted self- s all litigants self represented litigants represented represented litigants applications 200 642 117 18% 0 0 200 621 117 19% 1 1 200 523 106 20% 0 2 200 550 92 17% 2 3 200 568 114 20% 0 4 200 544 103 19% 0 5 200 506 115 23% 0 6 200 602 150 35 Source: Supreme25% Court of Canada 0 7 200 528 128 24% 0 8 200 542 143 26% 0 9 201 488 122 25% 0 0 201 557 157 28% 0 1 Leave applications filed by self represented litigants by case type Source: Supreme Court of Canada 36 .