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Repeat Litigators and Agenda Setting on the Supreme Court of Canada

Published online by Cambridge University Press:  01 December 2002

Roy B. Flemming
Affiliation:
Texas A&M University, College Station, TX
Glen S. Krutz
Affiliation:
University of Oklahoma, Norman, OK
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The expanding public policy role of high courts heightens concerns over whether societal and political inequalities affect the outcomes of litigation. However, comparative research on this question is limited. This article assesses whether status inequalities between parties and differences in the experience and resources of attorneys influence the selection of cases for judicial review in the Supreme Court of Canada. A series of statistical models reveal that governments are more likely than other parties to influence whether leave is granted but that the experience and resources of lawyers, unlike in the United States, have little impact. The decentralized, low volume and high access features of the Canadian process may explain this finding.

Type
Research Article
Copyright
© The Canadian Political Science Association (l'Association canadienne de science politique) and/et la Société québécoise de science politique