In a notable shift from its historical output, the Supreme Court of Canada concluded 2025 with just 45 rulings, underscoring a significant decline in the volume of decisions made by the country’s highest court. This trend, which has emerged over the past several years, reveals a departure from the Supreme Court’s previous productivity levels, raising questions about the implications for legal jurisprudence across Canada.
A Downward Trend in Judgments
The last eight years under Chief Justice Richard Wagner have seen a marked decrease in the court’s annual output, averaging only 53 judgments compared to 72 in the preceding eight years during former Chief Justice Beverley McLachlin’s tenure. The court’s productivity peaked in the years following the enactment of the Charter of Rights and Freedoms in 1982, when it frequently issued over 100 rulings annually. However, since the mid-2000s, this number has dwindled to around 70, leading to concerns and criticism from legal practitioners regarding access to justice and the court’s role in shaping Canadian law.
The pandemic further exacerbated this trend, causing delays across all levels of the judiciary and contributing to a quieter court environment. Excluding the pandemic’s quieter years, Chief Justice Wagner’s court has maintained an average of fewer than 60 cases annually, reflecting a new post-pandemic norm.
Insights from Legal Experts
Paul-Erik Veel, a Toronto-based lawyer who conducts an annual review of the Supreme Court’s performance, highlighted that the 45 cases decided in 2025 signal a “new, lower post-pandemic normal.” He emphasised that this reduction has significant implications: fewer cases mean diminished opportunities for the court to influence legal precedents nationwide. “The data provide a clearer understanding of the court’s institutional activities,” Veel noted, underscoring the importance of these insights for the legal community.
The court’s workload has become a focal point for discussion, especially after the record low of 36 rulings in 2023. In a recent interview, Chief Justice Wagner acknowledged the pandemic’s impact on lower courts, which resulted in a decline in applications for appeal to the Supreme Court. He reaffirmed that the court’s criteria for accepting new cases remain unchanged, prioritising matters of national significance or legal discrepancies among provincial courts.
Shifts in Case Types and Judgments
In 2025, the Supreme Court’s composition of cases reflected notable trends, with criminal law decisions comprising approximately two-thirds of the total. Conversely, constitutional cases fell to a historic low, with only six such rulings issued—marking the first time since 2016 that fewer than ten constitutional cases were decided in a year. Additionally, private law decisions, which deal with civil disputes, continued their decline, with only seven rulings recorded—indicating a troubling trend for civil litigants.
Looking ahead, the court granted leave to appeal in 32 new cases in 2025, signalling that the number of future rulings may not return to the pre-2020 average of approximately 70 cases annually. Among these new cases, 15 were public law disputes, nine were criminal law matters, and eight involved private law issues.
The Role of Dissent in Judicial Decisions
Another noteworthy development under Chief Justice Wagner has been the changing dynamics of judicial consensus. In McLachlin’s final years, over half of the court’s judgments were unanimous, a hallmark of her leadership style. In contrast, Wagner’s court has seen a growing acceptance of dissent, with 38 per cent of decisions in the past year being unanimous. Notably, six rulings were decided 8-1, with Justice Suzanne Côté emerging as the most frequent dissenter, reflecting a broader trend of divergence among the justices.
Why it Matters
The decline in the Supreme Court’s output raises critical questions about the future of legal interpretation and the accessibility of justice in Canada. With fewer cases being heard, the ability of the court to influence the trajectory of Canadian law diminishes, potentially leaving significant legal questions unresolved. This changing landscape may affect not only legal practitioners but also ordinary citizens seeking clarity and justice in their cases. Understanding these shifts is essential for appreciating the evolving role of the Supreme Court in safeguarding rights and shaping national legal standards in a rapidly changing society.
