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, race, ethnicity, citizenship, and status as a prisoner. We begin this section by analysing the 106 discrimination claims from a quantitative perspective, follow- ing much the same format as we used in the prior two sections of the book by providing various descriptive statistics, followed by analysing the voting behaviour of the justices, and ending with logistic regression models that control for various judge- and case-level variables in the equation. Descriptive Statistics and Judicial Voting Patterns The data in the first seven tables provide descriptive

reporters. Cases were excluded if they did not feature written reasons for judgment or motions for stays, hearings, and/ or legal costs. In all, we included 85 cases in the analysis. 118 Value Change in the Supreme Court of Canada In the last stage of our quantitative analysis, we present three logistic regression analyses to assess the degree to which different case- and judge-level independent variables influence the liberal voting pat- terns of Canadian Supreme Court justices in free expression cases. As mentioned earlier, assessing judicial voting behaviour using

Jerome Frank (1930), Pritchett (1941) began systematically examining the voting behaviour of US Supreme Court justices. These scholars asked a rather straightforward question: If justices were truly unbiased and only enforced legal rules, why did they not reach the same conclusion in the application of the law? This scepticism led to the publication of the now-classic work by Pritchett (1941, 1948) on the Roosevelt Court, which subsequently sparked the rise of more system- atic attitudinal research on appellate courts in the United States. Over the last 75 years

; Inglehart and Welzel 2005, 23–5). Since justices necessarily develop overarching world views in their formative years that reflect the values of their soci- ety, the postmaterialist value change reflected in Canadian public opin- ion should eventually become evident in the voting behaviour of the judicial elites. Moreover, justices appointed more recently to the high court should exhibit voting behaviour that supports quality-of-life con- cerns, such as protection of the environment, to a greater extent than their older, more materialistic cohorts. With justices on

174; Vancouver 201-2, 213; Edmon- ton 267,269 United States 5-6, 14-16, 31-2, 100, 101, 119, 167,257, 278,280,299-304 utilities, public 11, 19, 22; Montreal 61, 83; Toronto 99, 101, 104, 110; Halifax 184; Vancouver 193; Edmonton 257 voting behaviour: Montreal 7(}-1, 73, 74, 7&-7; Toronto 117-18, 122, 123, 125; Ottawa 151, 153; Vancouver 19(}-1, 196, 197,205,200,209-10; Winnipeg 234-5, 242-3; Edmonton 26(}-2, 263-4, 265, 27(}-2; Great Britain 306-7 welfare 6, 10, 17, 24-5, 36; Montreal 63; Toronto 98, 103-4, 100, 108; Ottawa 146; Edmonton 259-60 335

discrimination area, the findings reveal an overarching rise in postmaterialist support for equality concerns across the Laskin and Dickson Courts and first 10 years of the McLachlin Court, yet the voting behaviour of the Lamer Court failed to meet the requisite pattern. Despite this anomaly, the findings provide fairly strong evidence of a postmodern, shifting value change in discrimination cases over time. In the environmental cases, the findings also provide some support for Inglehart’s thesis, with the Dickson and Lamer Courts of the 1980s and 1990s issuing more

Supreme Court Voting Behavior.” American Journal of Political Science 35 (2): 460–80. Tate, C. Neal, and Panu Sittiwong. 1989. “Decision Making in the Canadian Supreme Court: Extending the Personal Attributes Model across Nations.” Journal of Politics 51 (4): 900–16. Tate, C. Neal, and Torbjorn Vallinder, eds. 1995. The Global Expansion of Judicial Power. New York: New York University Press. Thomassen, Jacques A., and Jan van Deth. 1989. “How New Is Dutch Politics?” West European Politics 12 (1

actions cringes at the thought of candidates for local office winning or losing their elections as a direct result of unrelated events such 307 Conclusion / ANDREW sANCTON as British military successes in the Falkland Islands. Yet this is exactly what happens in every British local election. Unlike Canadian voters in federal and provincial elections, British voters seem reluctant to vote for one party at one level of government and for a different party at another level. The most obvious explanation for this difference in voting behaviour is that in Britain

the population. Of course, to explain fully why there are relatively few Roman Catholics in the House and in the cabinet would require an analysis of elites in Ontario to determine to what extent Roman Catholics have succeeded in infiltrat- ing the traditional "Orange" establishment, as well as an extensive motiva- tional research programme to find out how significant religious affiliation is as a determinant of voting behaviour - both of which are beyond the scope of this study. If the Roman Catholics have been under-represented in the cabinet, the United

-areas of discrimination law, a change that could not be revealed by an overarching quantitative analysis of judicial voting behaviour across all equality cases. One of the important overarching findings of this chapter is that the qualitative analysis of judicial opinions amplifies the findings from the prior chapter. While the quantitative analysis of judicial voting pat- terns provides scholars with insight into how the Canadian Supreme Court has resolved discrimination disputes across a wide sweep of cases, illustrating that gender differences and case factors