Government Interventions in Constitutional Cases at the Supreme Court of Canada

Abstract Governments are the most frequent interveners at the Supreme Court of Canada (SCC). However, we know little about government interventions, with the last substantive study only providing coverage of Charter cases up to 2007. To update this body of research, we provide an analysis of government interventions across all constitutional cases decided by the SCC between 2013 and 2023. Building upon earlier work by Hennigar (2010) and Radmilovic (2013), our study shows that despite changes to the intervener landscape in the past decade, governments continue to primarily intervene defensively in Charter cases. Importantly, however, our findings reveal complexity in how governments intervene across various constitutional cases, with distinct intervening behaviour in division of power disputes and reference cases.