IS THE SUPREME COURT OF CANADA BIASED IN CONSTITUTIONAL CASES?

Abstract

This article addresses the allegation that the Supreme Court has been biased in deciding constitutional cases in favor of federal interests. The author concludes it is at least possible for judges to be biased, in light of positivist and realist views on how judges choose between conflicting interpretations of the law, but an examination of federal judicial appointments and the outcomes of constitutional cases from January 1950 to May 1979 leads him to conclude that the allegation of bias is unfounded. In tracing judicial doctrine, he insists the Supreme Court has adhered to principles laid down by the Privy Council, siding as much in favour of the provinces as Parliament when competing interpretations surface.