Andrea Lawlor: Canada’s courts are fair game for criticism

Courts have become central players in some of Canada’s biggest political and moral debates – especially since the advent of the Charter of Rights and Freedoms.

That’s raised hard questions about their role, what accountability mechanisms exist, and how Canadians understand the place of the judicial branch within their system of government.

Like any other institution, courts depend on public trust which must be earned and sustained.

McMaster University political science professor Andrea Lawlor has been tracking how Canadians perceive this institution. She joins Inside Policy Talks to discuss her findings.

Lawlor’s research, conducted with Acadia University’s Erin Crandall, finds that Canadians still generally trust the courts, but this confidence has shown signs of decline, and it appears attitudes are becoming more politicized.

On the podcast, Lawlor tells Peter Copeland, deputy director of domestic policy at MLI, that her research found little shift in how Canadians on the political left perceive the courts. However, she has observed a moderate decline in support from those on the right – particularly tied to court decisions on moral issues like medical assistance in dying.

However, Lawlor says there is one type of court ruling that tends to register a public reaction across the political spectrum: criminal sentencing.

“Those tend to uniformly push public opinion,” says Lawlor. “I think there was some consensus across the political spectrum that Canadians were dissatisfied … and they certainly wanted the legislature to step in.”