Canada has no aggregated repository or list for academic datasets on Canada’s legal system and Canadian legal issues. Without such a list, one can’t easily see what empirical legal research has been done and what research needs to be replicated, explored, or started.
This list points toward existing Canadian empirical legal datasets and lists areas where no academic datasets appear to exist.
If you have any datasets about Canada’s legal system, I’d love to hear from you. I’m willing to host your dataset—including any caveats—or to just provide information about the dataset and your contact information.
Access to justice
Trever C. W. Farrow, “What is Access to Justice” (2014) 51 Osgoode Hall Law Journal 957. This article examines a public-centred understanding of access to justice by reporting on public views, and its supporting dataset is 99 observations.
Administrative law
Robert Danay, “Quantifying Dunsmuir: An Empirical Analysis of the Supreme Court of Canada’s Jurisprudence on Standard of Review” (2016) 66 University of Toronto Law Journal 555. This article examines if courts showed greater deference to administrative decisions makers after Dunsmuir v. New Brunswick, and its supporting dataset is 177 observations.
Arbitration
Kevin Banks, Richard Chaykowski & George Slotsve, “Labour Rights Arbitration in Canada: An Empirical Investigation of Efficiency and Delay in a Changed Legal Environment” (2020) 22 Canadian Labour and Employment Law Journal 1. This article examines causes of delay in Canadian labour arbitration and proposes solutions, and its supporting dataset is 648 observations.
Janet Currie, “An Empirical Study of Dispute Resolution Under an Arbitration System: The Case of British Columbia's Teachers” (1989) 42:3 ILR Review. This article examines the circumstances in which parties subject to compulsory interest arbitration will actual push a contract to arbitration, and the supporting dataset follows 75 bargaining units through 35 years of annual negotiations.
Joshua Karton & Samantha Wynne, “Canadian Courts and uniform interpretation: an empirical reality check” (2013) 18 Uniform Law Review 1. This article describes an empirical study of Canadian courts’ interpretations of five representative international uniform law instruments implemented in Canada, and the supporting dataset is 422 cases
Bail
Nicole M. Myers, “Shifting Risk: Bail and the Use of Sureties” (2018) 21:1 Current Issues in Criminal Justice 127. This article examines how courts allegedly regularly ignore lawmakers’ for judicial interim release, and the supporting dataset is 4,085 observations.
Civil procedure
Brooke Mackenzie, “Explaining Disqualification: An Empirical Review of Motions for the Removal of Counsel” (2020) 45:2 Queens Law Journal 199. This article analyzes the variables that influence courts’ decision-making processes in motions for disqualification and some much-needed clarity about the outcomes of these motions, and the supporting dataset is 1,283 observations.
Jason M Chin, Michael Lutsky & Itiel E Dror, “The Biases of Experts: An Empirical Analysis of Expert Witness” (2019) 42-4 Manitoba Law Journal 21. This article explores the impact of the White Burgess exclusionary rule framework on expert evidence, and the supporting dataset is 229 observations
Brooke Mackenzie, “Effecting a Culture Shift—An Empirical Review of Ontario’s Summary Judgment Reforms” (2017) 54:4 Osgoode Hall Law Journal 1275. This article explores If amendments to the summary judgment rules actually improved the civil justice system’s efficiency and affordability, and the supporting dataset is 2,960 observations.
Class action law
List under construction
Constitutional law
List under construction
Corporate/Commercial law
Anita Anand, Stephen J. Choi, Adam C Pritchard & Poonam Puri, “An Empirical Comparison of Insider Trading Enforcement in Canada and the United States” (2018) Osgoode Legal Studies Research Paper. This article presents an empirical study of insider trading securities enforcement in Canada and the United States, and the supporting dataset is 527 observations.
Mohamad F. Khimji & Christoper C. Nicholls, “Piercing the Corporate Veil in Canadian Common Law Courts: An Empirical Study” (2015) 41:1 Queen’s LJ. This article presents the first empirical study of Canadian common law veil piercing cases, and the supporting dataset is 619 observations.
Criminal law
Micheal Nesbitt, Robert Oxboy & Megan Potier, “Terrorism Sentencing Decisions in Canada Since 2001: Shifting away from the Fundamental Principle and towards Cognitive Biases” (2019) 52 UBC L Rev 553. This article examines terrorism sentencing decisions over a 17-year period (2001-2018), and the supporting dataset is 26 observations.
Ryan Elias, “Unlikeable and Before the Jury: Does Non-Probative Character Evidence Increase the Risk of Wrongful Conviction” (2016) Criminal Law Quarterly 567. This article presents a quantitative analysis of known Canadian wrongful convictions, and its supporting dataset is 28 observations.
Justin Milne, “Exclusion of Evidence Trends post Grant: Are Appeal Court Deferring to Trial Judges” 19 Canadian Criminal Law Review 373. This article reviews case law to determine whether appellate courts have followed the Supreme Court’s direction to confer deference to trial judges’ analyses under s. 24(2), and its supporting dataset is 60 observations.
Michael Trebilcock & Albert H. Yoon, “Equality before the Law? Evaluating Criminal Case Outcomes in Canada” (2016) 53 Osgoode Hall Law Journal 587. This article analyzes outcomes in routine criminal cases and how they vary, and its supporting dataset examines administrative criminal case data from 2007-2013 and aggregate case statistics for the same period.
Craig E. Jones & Micah B Rankin, “Justice as a Rounding Error?: Evidence of Subconscious Bias in Second-Degree Murder Sentences in Canada” (2015) 52:1 Osgoode Hall LJ 109. This article examines sentencing practices in second-degree murder sentences, and the supporting dataset is 477 observations.
Julian M Somers et al, “Drug treatment court of Vancouver: an empirical evaluation of recidivism” (2012) 23:5 International Journal of Drug Policy 393. This article examines the effect and impact of one Canadian drug treatment court, and the supporting dataset is 180 observations
Mike Madden, “Marshalling the Data: An Empirical Analysis of Canada’s s. 24(2) Case Law in the Wake of R. v. Grant (2011) 15:2 Canadian Criminal Law Review 239. This article explores the impact of R. v. Grant on constitutional exclusionary pattern under s. 24(2) of the Charter in 2021, and the supporting dataset is 100 decisions.
Eric Mykhalovskiy & Glenn Betteridge, ““Who - What - Where - When - And with What Consequences - An Analysis of Criminal Cases of HIV Non-Disclosure in Canada” (2012) 27 Can JL & Soc 31. This article explores Canadian criminal law cases of alleged HIV exposure and transmission resulting from HIV disclosure, and the supporting dataset is 122 observations.
Andrew Welsh & James R. Ogloff, “Progressive Reforms or Maintaining the Status Quo? An Empirical Evaluation of the Judicial Consideration of Aboriginal Status in Sentencing Decisions” (2008) Canadian J Criminology & Crim Just 491. This article examines the impact of s. 718(2)(e) on judges sentencing of Aboriginal offenders, and its supporting dataset is 691 observations.
Peter McCormick, “Sentence Appeals to the Alberta Court of Appeal, 1985-1992: A Statistical Analysis of the Laycraft Court” (1993) 31 Alta. L. Rev. 624.
Peter McCormick, “Conviction Appeals to the Alberta Court of Appeal: A Statistical Analysis, 1985-1992” (1993) 31 Alta. L. Rev. 301.
A.N. Dood & H. M. Kirshenbaum, "Some Empirical Evidence on the Effect of s. 12 of the Canada Evidence Act upon an Accused" (1972) 15:1 Crim LQ 88. This article examines the effects of s. 12 of the Canada Evidence Act upon the accused, and the supporting dataset is 48 observations.
Contract law
Mariella Montplaisir Bazan, “The Missing Hyperlink — An Empirical Study: Can Canadian Laws Effectively Protect Consumers Purchasing Online?” (2018) 16:1 Canadian Journal of Law and Technology 1. This article considers the private international law rules applicable to online consumer contracts, and the supporting dataset is 101 observations.
Construction law
List under construction
Courts
Kelly Bodwin, Jeffrey S. Rosenthal & Albert H. Yoon, “Opinion Writing and Authorship on the Supreme Court of Canada” (2013) 63:2 University of Toronto Law Journal 159. This article analyzes the text of Supreme Court of Canada decisions for judges appointed from 1875 to 2008 to better understand judicial authorship of decisions, and the supporting dataset includes all SCC decisions from 1876 to after 2011.
Jane Baily and Jacquelyn Burkell, “Implementing Technology in the Justice Sector: A Canadian Perspective” ” 11 Canadian Journal of Law and Technology 253. This article provides insight into the political and cultural factors that support and hinder the implementation of technologies in the justice sector, and the supporting dataset is 8 observations.
Michael H. Lubetsky & Joshua A. Krane, “Appealing Outcomes: A Study for the Overturn Rate of Canada's Appellate Courts” (2009) 47:1 Osgoode Hall Law Journal 131. This article considers the rate at which the Supreme Court of Canada overturned Canada’s appellate courts between 2000 and 2007, and the supporting dataset is contains an unknown number of observations.
Lori Hausegger & Stacia Haynie, “Judicial Decisionmaking and the Use of Panels in the Canadian Supreme Court and the South African Appellate Division” (2003) 37 Law & Soc’y Rev. 635
Peter McCormick, “‘With Respect ...’ - Levels of Disagreement on the Lamer Court 1990-2000” (2003) 48 McGill L.J. 89.
Barbara Billingsley & Bruce P. Elman, “The Supreme Court of Canada and the Alberta Court of Appeal: Do the Top Courts Have Fundamental Philosophical Difference of Opinion on Public Law Issues” (2001) 39:3 Alberta Law Review 703.This article examines the extent of the Supreme Court of Canada’s over criticism of the Alberta Court of Appeal’s reasoning in public law cases from 1982 to December 2002, and the supporting dataset is 132 cases.
Brian A. Crane, Henry S. Brown & Ryan E. Flewelling, “Annual Report on Applications for leave to appeal to the Supreme Court of Canada” (2003) 22 Sup. Ct. L. Rev. (2d) 387.
Dwight G. Newman, “A Study of the Judgments of the Saskatchewan Court of Appeal, 2000” (2002) 65 Sask. L. Rev. 107
Dwight G. Newman, “A Study of the Judgments of the Saskatchewan Court of Appeal, 2001” (2003) 66 Sask. L. Rev. 21.
Dwight G. Newman, “A Study of the Judgments of the Saskatchewan Court of Appeal, 2002” (2004) 67 Sask. L. Rev. 13.
Henry S. Brown, Brian A. Crane & Nicole D. Winsor, “Annual Report on Applications for leave to appeal to the Supreme Court of Canada 2000-2001” (2001) 15 Sup. Ct. L. Rev. (2d) 381
Henry S. Brown, Brian A. Crane & Mary Rose Ebos, “Annual Report on Applications for leave to appeal to the Supreme Court of Canada 1997-1998” (1999) 10 Sup. Ct. L. Rev. 513
Henry S. Brown, Brian A. Crane & Caroline Jill Date, “Annual Report on Applications for leave to appeal to the Supreme Court of Canada 1996-1997” (1998) 9 Sup. Ct. L. Rev. (2d) 431
Peter McCormick, “Follow the Leader: Judicial Power and Judicial Leadership on the Laskin Court, 1973-84” (1998) 24 Queen’s L.J. 237.
Peter McCormick, “Birds of a Feather: Alliances and Influences on the Lamer Court 1990-1997” (1998) 36 Osgoode Hall L.J. 339
Peter McCormick, “Do Judges Read Books Too?: Academic Citations by the Supreme Court of Canada 1991-96” (1998) 9 Sup. Ct. L. Rev. 463.
Henry S. Brown, Brian A. Crane & Kathleen Lemieux, “Leave to Appeal Applications: The 1994-95 Term” (1996) 7 Sup. Ct. L. Rev. (2d) 421
Brian A. Crane, Henry S. Brown & Lorraine Allard, “Leave to Appeal Applications: The 1993-94 Term” (1995) 6 Sup. Ct. L. Rev. (2d) 545
Peter McCormick, “The Supreme Court Cites the Supreme Court: Follow-Up Citations on the Supreme Court of Canada, 1989-1993” (1995) 33 Osgoode Hall L.J. 453
Henry S. Brown, Brian A. Crane & Michel Jolicoeur, “Annual Report on Applications for leave to appeal to the Supreme Court of Canada: The 1992-93 Term” (1994) 5 Sup. Ct. L. Rev. (2d) 1
Vaughan Black & Nicholas Richter, “Did She Mention My Name?: Citation of Academic Authority by the Supreme Court of Canada 1985-1990” (1993) 16 Dalhousie L.J. 377.
Henry S. Brown, Brian A. Crane & Gordon Thomson, “Leave to Appeal Applications: The 1991-92 Term” (1993) 4 Sup. Ct. L. Rev. (2d) 27
Peter McCormick, “Caseload and Output of the Manitoba Court of Appeal, 1991” (1993) 22 Man. L.J. 263.
Carl Baar et al., “The Ontario Court of Appeal and Speedy Justice” (1992) 30 Osgoode Hall L.J. 261.
Henry S. Brown, Brian A. Crane & Patricia Brethour, “Leave to Appeal Applications: The 1990-91 Term” (1992) 3 Sup. Ct. L. Rev. (2d) 381
Peter McCormick & Suzanne Maisey, “A Tale of Two Courts II: Appeals from the Manitoba Court of Appeals to the Supreme Court of Canada, 1906-1990” (1992) 21 Man. L.J. 1.
Peter McCormick, “The Supervisory Role of the Supreme Court of Canada: Analysis of Appeals from Provincial Courts of Appeal, 1949-1990” (1992) 3 Sup. Ct. L. Rev. (2d) 1.
Peter McCormick, “Caseload and Output of the Manitoba Court of Appeal, 1990” (1992) 21 Man. L.J. 24;
Henry S. Brown & Brian A. Crane, “Leave to Appeal Applications: The 1989-90 Term” (1991) 2 Sup. Ct. L. Rev. (2d) 473
Andrew Heard, “The Charter in the Supreme Court of Canada: The Importance of Which Judges Hear an Appeal” (1991) Canadian Journal of Political Science 24
Peter McCormick, “Caseload and Output of the Manitoba Court of Appeal, 1989” (1991) 20 Man. L.J. 334;
Brian A. Crane & Henry S. Brown, “Leave to Appeal Applications: The 1988-89 Term” (1990) 1 Sup. Ct. L. Rev. (2d) 483
Peter McCormick, “Caseload and Output of the Manitoba Court of Appeal: An Analysis of Twelve Months of Reported Cases” (1990) 19 Man. L.J. 31;
S.I. Bushnell, “Leave to Appeal Applications: The 1987-88 Term” (1989) 11 Sup. Ct. L. Rev. 383
S.I. Bushnell, “Leave to Appeal Applications: The 1986-87 Term” (1988) 10 Sup. Ct. L. Rev. 361
S.I. Bushnell, “Leave to Appeal Applications: The 1985-86 Term” (1987) 9 Sup. Ct. L. Rev. 46
SI Bushnell, “Leave to Appeal Applications: The 1984-85 Term” (1986) 8 Sup Ct L Rev. 382
Environmental law
List under construction
Equity
List under construction
Estate & Trust law
List under construction
Family law
List under construction
Health law
List under construction
Human rights law
List under construction
Insolvency law
List under construction
Insurance law
List under construction
Intellectual property law
List under construction
Judicial decision-making
Yan Campagnolo & Camille Andrzejewski, “The Most-Cited Law Review Articles of All Time by the Supreme Court of Canada” (2022) 60:1 Alberta Law Review 129. This article presents an empirical study of the scholarly works that Supreme Court of Canada judges cites in their decisions from 1875 to 2021, and the supporting dataset appears to be all Supreme Court of Canada decisions in that period.
Lori Hausegger & Troy Riddell, "Judges on Judging in Canadian Appellate Courts: The Role of Legal and Extra-Legal Factors on Decision-Making" (2021) 52:1 Ottawa Law Review 1. This article presents an empirical study of the various dimensions of judicial decision-making on provincial courts of appeal, and the supporting dataset is 43 observations.
Forrest Finn, "Hardship and Hard Drives: Artificial Intelligence, Judicial Decision-Making, and the Discharge of Student Loan Debt" (2019) 17:1 Canadian Journal of Law and Technology 59. This article examines whether judges predictably apply standards from the Bankruptcy and Insolvency Act, and the supporting dataset is 30 observations.
Peter McCormick, “Who Writes? Gender and Judgment Assignment on the Supreme Court of Canada” (2014) 51:2 Osgoode Hall Law Journal 595. This article examines the rate of assignment between male and female Supreme Court of Canada justice, and the supporting dataset is every SCC decision from 1949 until 2010.
Benjamin Alarie, Andrew Green & Edward Iacobucci, “Is Bigger Always Better? On Optimal Panel Size, with Evidence from the Supreme Court of Canada” (2011) U Toronto Legal Studies Research Paper No. 08-15. This article presents an empirical study of the effect of panel size on the Supreme Court of Canada, and the supporting dataset is 2000 observations.
Philip Bryden & Jula Hughes, “The Tip of the Iceberg: A Survey of the Philosophy and Practice of Canadian Provincial and Territorial Judges Concerning Judicial Disqualification” (2011) 48:3 Alberta Law Review 569. This article reports on a study of a survey of Canadians judges about common scenarios that raise the possibility of recusal, and the supporting dataset is 137 observations.
Vuk Radmilovic, “Between Activism and Restraint: Institutional Legitimacy, Strategic Decision Making and the Supreme Court of Canada” (Phd Thesis, University of Toronto, 2011). This thesis examine how courts attain and retain their legitimacy in the context of increasing political relevant, and its supporting dataset is 250 observations.
Benjamin Alarie & Andrew Green, “Interventions at the Supreme Court of Canada: Accuracy, Affiliation, and Acceptance” (2010 ) 48 Osgoode Hall Law Journal 381. This article empirically examines the role of interveners in all Supreme Court of Canada cases between January 2000 to July 2009, and the supporting dataset is 674 observations.
Benjamin Alarie & Andrew Green, “Charter Decisions in the McLachlin Era: Consensus and Ideology in the Supreme Court of Canada” (2009) 47 Supreme Court Law Review 475. This article examines how justices on the Supreme Court of Canada voted in Charter appeals between 2000 and 2009, and the supporting dataset is 105 observations.
Benjamin Alarie & Andrew Green, “Policy Preferences Change and Appointments to the Supreme Court of Canada” (2009) 47 Osgoode Hall Law Journal 1. This article examines the Supreme Court of Canada’s judgements in the post-Charter era (1982-2005) to discern judges’ apparent policy preferences, and the supporting dataset is 502 observations.
James Stribopoulous & Moin A Yahya, “Does a Judge’s Party of Appointment or Gender Matter to Case Outcomes?”: An Empirical Study of the Court of Appeal for Ontario” (2007) 45:2 Osgoode Hall Law Journal 315. This article examines that effect that a judge’s party appointment and gender may have on case outcomes, and the supporting dataset is 12,000 observations.
Benjamin Alarie & Andrew Green, "The Reasonable Justice: An Empirical Analysis of Frank Iacobucci's Career on the Supreme Court of Canada" (2007) 57:2 University of Toronto Law Journal 195-226. This article empirically explores multiple claims about Justice Iacobucci’s impact on Canadian law, and the supporting dataset is 586 observations.
Andrew D Heard, “The Charter in the Supreme Court of Canada: The Importance of Which Judges Hear an Appeal” (1991) 24:2 Canadian Journal of Political Science 289. This article presents an empirical study of all the Charter cases decided by the Supreme Court of Canada from 1983-1989, and the supporting dataset is 121 observations.
Judicial independence
Troy Riddell, Lori Hausegger & Matthew Hennigar, “Evaluating Federally Appointed Judges in Canada: Analyzing the Controversy” (2012) 50:2 Osgoode Hall Law Journal 403. This article describes the authors’ experiences in trying to undertake a judicial performance evaluation of federally appointed judges in Canada, and the supporting dataset contains an unknown number of observations.
Judging
Labour & employment law
Anthony Niblett, "Algorithms as Legal Decisions: Gender Gaps and Canadian Employment Law in the 21st Century" (2020) 71 UNBLJ 112. This article examines if existing Canadian employment case law contains gender bias, and the supporting dataset is 1,728 observations.
Michele Campolieti, Chris Riddell & Sara Slinn, “Labour Law Reform and the Role of Delay in Union Organizing: Empirical Evidence from Canada” 61:1 ILR Review 32 . This article examines the determinants and consequences of delay in the union certification process using data from certification applications and unfair labor practice complaints, and the supporting dataset is 6,015 observations.
National security law
List under construction
Negligence law
List under construction
Parliamentary decision-making
Linked Parliamentary Data Project (LiPaD). The transcript of Parliamentary Debates (“Hansard”) is a 150-year running record of Canadian political history. In 2013, a group of political scientists, computer scientists, and historians teamed up at the University of Toronto to improve access to and understanding of Hansard materials. A key output is the first machine-readable and fully searchable historical Hansard, and all data are linked to various biographical properties of parliamentarians, including their party and gender.
Kelly Gordon, “Mobilizing Victimhood: Situating the Victim in Canadian Conservatism” (2021) 53:2 Canadian Journal of Political Science 1. This article examines the discursive significance of the “victim” in the Conservative Party of Canada through a critical discourse analysis of two key pieces of legislation (Bill C-10 and Bill C-36), and the supporting dataset is 678 observations.
Personal injury law
List under construction
Policing
Kate Puddister & Danielle McNabb, “When the Police Break the Law: The Investigation, Prosecution and Sentencing of Ontario Police Officers” (2021) Canadian Journal of Law and Society 1 .This article provides an empirical analysis of how the justice system responds to police officers charged with a criminal offence, and the supporting dataset is 159 observations.
Myles Frederick McLellan, “Innocence Compensation - The Success Rate of Actions for Negligent Investigation” (2020) Canadian Bar Review 24. The article provides an empirical analysis of the success rate of actions for negligent investigation, and the supporting dataset is 182 observations.
Property law
List under construction
Public law
List under construction
Search & seizure
List under construction
Solicitor-client
List under construction
Tax law
Benjamin Alarie & Andrew Green, “Policy Preferences and Expertise in Canadian Tax Adjudication” (2014) 62:4 Canadian Tax Law Journal 985. This article examines appeals from Canadian tax assessments to understand the relative influence of judicial tax expertise and judges’ policy preferences on Tax Court of Canada decisions and the Federal Court of Appeal decisions, and the supporting dataset is 3,400 observations.
Thaddeus Hwong, “An Exploration of Influences of Sociodemographic Characteristics of Supreme Court Justices in Judicial Decision-Making in Income Tax Cases, 1920-2003” (2009) 33 Manitoba Law Journal 151. This article examines how Supreme Court of Canada judges’ socio-demographic characteristics influenced their judicial decision-making in income tax cases from 1920-2003 (for a more in depth review, see the underlying thesis), and the supporting dataset is 356 observations.
Tort law
List under construction
Terrorism
Michael Nesbitt, “Violent crime, hate speech or terrorism? How Canada views and prosecutes far-right extremism” (2021) Common Law World Review 1. This article examines why terrorism has not been associated with far-right activities, how Canada has prosecuted far-right violence, and the implications for Canada’s criminal prosecutions going forward, and the supporting dataset is 20 observations.
Micheal Nesbitt & Ian M Wylie, “An Empirical and Qualitative Study of Expert Opinion Evidence In Canadian Terrorism Cases: November 2001 to December 2019” (2020) 43:3 Manitoba Law Journal. This article examines expert evidence in Canadian terrorism trials, and the supporting dataset is 22 observations.
Refugee law
Refugee Law Lab. For over a decade, Refugee Law Laboratory Director Sean Rehaag has published yearly data on outcomes in Canada’s refugee determination system. This data has frequently been used by refugee lawyers, advocates, judges, administrators, policymakers and the media. It has informed litigation and law reform strategies, prompted policy changes, and encouraged evidence-informed public debates about refugee issues. One of the aims of the Refugee Law Laboratory is to enhance transparency in Canadian refugee adjudication by publishing data on all levels of the refugee determination system in formats that are easy to understand and to integrate into the work of other researchers and developers.
Self-represented litigants
National Self-Represented Litigants Project (NSRLP). The NSRLP Self-Represented Litigant Case Law Database Project began in January of 2017. It is is a continuing work-in-progress. Their goal is tracking the developing jurisprudence across Canada in cases that relate to and affect the positions of individuals appearing unrepresented. They release a series of reports on various themes found in the data. Eventually, they will also release the Database itself as an open-source resource.