Osgoode Hall Law Journal Article 8 Volume 14, Number 2 (October 1976) A Bibliography of the Supreme Court of Canada Paul Trethewey Follow this and additional works at: http://digitalcommons.osgoode.yorku.ca/ohlj Article Citation Information Trethewey, Paul. "A Bibliography of the Supreme Court of Canada." Osgoode Hall Law Journal 14.2 (1976) : 425-443. http://digitalcommons.osgoode.yorku.ca/ohlj/vol14/iss2/8 This Article is brought to you for free and open access by the Journals at Osgoode Digital Commons. It has been accepted for inclusion in Osgoode Hall Law Journal by an authorized editor of Osgoode Digital Commons. A BIBLIOGRAPHY OF THE SUPREME COURT OF CANADA By PAUL TRETHEWEY* CONTENTS CHAPTER PAGE A. Introduction ...................................... 425 B . G eneral ............................................................................ ...... 427 C. Reports, Notes, Digests and Indexes ............................. 427 D . Jurisdiction .................................................................................... 428 E. Practice, Procedure and Evidence ....... ..... .................. 429 F. Opinion Writing and Legal Reasoning ........................................ 430 G. Jurisprudential Analysis .............................. 431 H . P recedent ...................................................................................... 43 1 I. Statutory Construction ................................ ..... ......................... 432 J. The Constitution and Federalism ................................................ 432 K. Civil Liberties and the Bill of Rights ...................... 434 L. Substantive Areas of the Law ............................ ....................... 435 M. History .......................................... 436 N. Biography and Background of Justices ....................... 437 0. Selection of Justices and Composition of the Court ................... 438 P. Judicial Writings and Official Pronouncements ................. 439 Q. Statistical, Behavioural and Decision-Making Analysis ........... 442 R. The Supreme Court as Political Actor ................................ 443 A. INTRODUCTION The following bibliography is intended to provide a guide to the litera- ture on the Supreme Court of Canada that will be of use to both academics and practitioners. The primary vehicle for commentary on the Court has always been the case comment, but the last few years have seen the publica- tion of an increasing number of academic analyses of the Court's work in general1 and of its constitutional and civil rights decision-making in particular. It was accordingly thought useful to compile a summary of publications to date, even though in some areas (such as biography, history, and practice and procedure), its utility lies in showing just how much has yet to be written. The greatest volume of commentary on the substantive decision-making * © Copyright 1976, Paul Trethewey. Paul Trethewey is a member of the 1977 graduating class of Osgoode Hall Law School, York University. The original version of this bibliography was prepared as a research project for Professor S. R. Peck of Osgoode Hall Law School in August, 1975. 1 See, for instance, the various studies by Paul Weiler, S. R. Peck, Mark MacGuigan, and Peter Russell. OSGOODE HALL LAW JOURNAL [VCOL. 14, NO. 2 of the Court is found in that hardy perennial, the case comment, but since most of these comments deal with the narrow issues raised by the case and do not indulge in broader commentary and criticism, they have not been included.2 Exceptions to this rule have been made where warranted, of course; the greatest number fall in the constitutional and civil liberties areas. Articles3 in newspapers and popular periodicals have not been included here. Annotation of all the entries was passed over in favour of the somewhat unorthodox combination of classification by subject matter and notation of the number of pages for each entry. The sections are arranged in a progres- sion from those concerned with practical matters and primary materials, to those containing secondary materials of a more academic nature. Entries that belong to more than one section are duplicated in each. Drawing the line between sections has not been easy, so that entries dealing with various aspects 'of the Court's political role, for instance, are found in the sections on the Constitution and Federalism, The Court as Political Actor, and the Selection of Justices. Entries that deal with the transfer of final appellate jurisdiction to the Supreme Court from the Privy Council are included in the Jurisdiction section. The many articles written prior to the transfer that criticized the Judicial Committee's decisions and recommended the jurisdictional transfer have not been included because in most cases they deal only peripherally with the Supreme Court. Since much legal writing is subject to rapid obsolescence, many of the older entries will retain only historical interest, but they have been listed largely according to the subject matter; the History section lists those items that take a specifically historical approach. Few articles have appeared that deal solely with the criteria used in selecting members of the Court. Those items dealing with proposed reorgani- zations of the Court for constitutional purposes are included in the Consti- tional section, while biographical and historical considerations of the Court's membership are included in the sections with those designations. Articles dealing with the process of judicial appointment rarely refer specifically to the Supreme Court, but those that do are included in the Selection of Justices section; that section contains as well a representative selection of articles dealing with the general process of judicial selection. The section on Judicial Writings and Official Pronouncements is in- tended primarily to aid in showing the concerns and orientations of various Justices for biographical purposes, but it is expected that many of the articles can provide starting points for arguments by appellate litigants; the selection for the current members of the Court has accordingly been made the most 2 The best guide to these comments are R. Boult, A Bibliography of CanadianLaw (Montreal: Wilson and Lafleur, 1966) and M. Scott, ed., Index to CanadianLegal Peri- odical Literature, 1961- (Montreal: Canadian Association of Law Libraries, 1966). 8The most useful can be found in G. R. Logan, Annotated Bibliography of Works Written in the Supreme Court of Canada (1965), 3 Osgoode Hall L.. 173, and MJ. Herman, Bibliography of Material on the Supreme Court of Canada (1976), 8 Ottawa L.R. 102. 1976] Supreme Court Bibliography comprehensive. Even though the largest number of entries are found under Chief Justice Laskin's name, they are only a representative selection; a comprehensive listing would have added several more pages. B. GENERAL Beaudoin, G.A. Le Syst~me JudiciaireCanadien (1968), 28 R. du B. 99. (25 pp.). Cheffins, R.I. The Supreme Court of Canada: The Quiet Court in an Unquiet Country (1966), 4 Osgoode Hall L.J. 259 (17 pp.). Chitty, R.M. The Supreme Court of Canada (1952), 2 Chitty's L.J. 63 (3 pp.). Herman, M.J. Bibliography of Material on the Supreme Court of Canada (1976), 8 Ottawa L.R. 102 (5 pp.). Introduction: The Supreme Court of Canada 1875-1975 (1976), 8 Ottawa L.R. 1 (6 pp.). Laskin, B. The Institutional Characterof the Judge (1972), 7 Israel L.R. 329; Jerusalem: Magnes Press, 1972 (24 pp.). The Role and Function of Final Appellate Courts: The Supreme Court of Canada (1975), 53 Can. B. Rev. 469 (13 pp.). The Supreme Court of Canada: a final court of appeal of and for Canadians (1951), 29 Can. B. Rev. 1038 (42 pp.). Lederman, W.R. "Thoughts on Reform of the Supreme Court of Canada", in Ontario Advisory Committee on Confederation, Background Papers and Reports. Vol. 2, Toronto: Queen's Printer, 1967 at 294; (1970), 8 Alta. L. Rev. 1 (22 pp.). Logan, G.R. Annotated Bibliography of Works Written on the Supreme Court of Canada (1965), 3 Osgoode Hall L.I. 173 (5 pp.). Read, H.E. The JudicialProcess in Common Law Canada (1959), 37 Can. B. Rev. 265 (29 pp.). Russell, P.H. The Supreme Court as a Bilingual and Bicultural Institution. Ottawa: Queen's Printer, 1969 (282 pp.). Weiler, P.C. In the Last Resort: a critical study of the Supreme Court of Canada. Toronto: Carswell/Methuen, 1974 (246 pp.). Willis, J. Securing Uniformity of Law in a Federal System - Canada (1944), 5 U. of T. L.J. 352 (16 pp.). C. REPORTS, NOTES, DIGESTS AND INDEXES Bulletin of Proceedings taken in the Supreme Court of Canada. Ottawa: Office of the Registrar of the Supreme Court of Canada, weekly since 1970. Cameron, E.R. Digest of Cases Determined in the Supreme Court of Canada; 1904-1918. Toronto: Carswell, 1918. OSGOODE HALL LAW JOURNAL [VOL. 14, NO. 2 Cameron, E.R. Supreme Court Cases: Judgments, 1880-1890. Toronto: Canada Law Book, 1905. Canada Supreme Court Reports/Recueil des arrets de la Cour supreme du Canada. Ottawa: Queen's Printer, 1970 (Between 1878 and 1969 the title has changed twice: Reports of the Supreme Court of Canada, 1876-1922. Canada Law Reports, Supreme Court, 1923- 1969). Canadian Law Information Council. Notes of Recent Judgements in the Supreme Court of Canada, Crane, B.A. ed./Rjsum6 des Ricentes Decisions de la Cour Supreme du Canada, Tanquay, G. ed. Ottawa: 1974. Canadian Law Information Council. Summaries of Cases to be Heard in the Supreme Court of Canada. Session commencing Tues. April 27, 1976. Ottawa. Cassels, R. A Digest of Cases