Wednesday, March 13, 2019

Article on Why Supreme Court of Canada Doesn't Provide Reasons When It Doesn't Hear Cases

Yesterday, Legal Sourcery, the blog of the Law Society of Saskatchewan, published an article called Leave Applications at the Supreme Court of Canada: Should Reasons be Provided?

It looks at why the Supreme Court of Canada doesn't provide reasons when it dismisses applications for leave to appeal. It also asks whether the Court should reconsider the practice.

From the article's conclusion:
"The provision of reasons by the Supreme Court when dismissing applications for leave to appeal would be a welcome change to the historic practice. It has the potential to add transparency, legitimacy, and clarity to a process that has important implications. It would also allow applicants to assess their own chances of success with the added knowledge of the disposition of past applications for leave. That being said, the sheer number of applications for leave each year makes this change unlikely to occur. The hypothetical reasons would necessarily be short and superficial, which would make the use of them as precedent problematic."

"Currently, as far as applications for leave to appeal to the Supreme Court are concerned, individuals should avoid cynical thinking and believe that the Justices are exercising their discretion appropriately. Thorough reasons would be ideal, but a reversal of the current practice is unlikely."


Bookmark and Share Subscribe
posted by Michel-Adrien at 6:29 pm


Post a Comment

<< Home