The Supreme Court and Public Law in 2023

This article discusses the Supreme Court of Canada’s public law judgments in 2023. It was the basis for the opening address at the 27th Annual Osgoode Hall Law School Constitutional Cases Conference. In the Conference’s tradition, this annual review is divided into two parts. The first part (Part II of the article, following Part I: Introduction) presents institutional and quantitative data about the Court’s work in 2023. It focuses on the composition of the Court, the historically low number of judgments released in 2023, rates of agreement and dissent, and the dominance of public law on the Court’s docket in 2023. The second part (Part III of the article) explores the substance of the 2023 public law judgments. It highlights three themes: the Court’s current understanding of constitutional structure; the Court’s approach to cases at the intersection of administrative and constitutional law; and the stability of analytical frameworks in public law matters. Overall, this discussion suggests that despite some anomalies in the Court’s operations, 2023 was characterized by a confident and steady approach to public law, an expansive view of the Constitution, and a traditional conception of the Court’s position within the constitutional order.