Procedures of The Supreme Court of Canada - Reasons

Reasons

Once the hearing is complete the judges convene in the judge's conference room behind the Court room to discuss this case. They sit at a round table in the room and each judge gives their opinion of the case, starting with the least senior judge. Typically, once the discussion is complete the justices make a tentative decision of the case, and in most cases a decision will be arrived at by the end the day.

This practice was begun by Chief Justice Cartwright in the 1960s and was intended to reduce the amount of separate reasons that the court was generating at the time and to maintain relations among the judges.

Except where the decision is made orally in during the hearing, once a decision has been reached, an official reasons for judgment may not be made public for several months. During this time their decision may be rewritten several times, and there may be a significant amount of continued debate over how the propositions should be articulated and what should be left out. In the more divided cases, there is a possibility that a judge may switch sides and change the outcome of the case.

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