Social Science Evidence in Charter Litigation: Lessons from Carter v Canada (Attorney General)
Response or Comment
Social Science Evidence, Litigation, Constitutional Law, Carter v Canada, Academics
In this paper, I offer the reflections of an academic who wandered well out of her wheelhouse. While I have graduate training in both philosophy and law, I am not an expert on the use of social science and humanities evidence in litigation. But, through the course of working on Carter v Canada (Attorney General), I had the opportunity to participate directly in the process of marshalling, preparing, analyzing, and critiquing the evidence. My hope is that, through this paper, I can bring a perspective that may be useful both for practitioners who might (or, I would say, should) be thinking about working with academics, and academics who might (and I hope will) be thinking about getting involved in constitutional litigation that relates to their field of study.
Jocelyn Downie, "Social Science Evidence in Charter Litigation: Lessons from Carter v. Canada (Attorney General)", Case Comment, (2018) 22:3 Intl J Evidence & Proof 305.
Constitutional Law Commons, Health Law and Policy Commons, Jurisprudence Commons, Legal Writing and Research Commons, Litigation Commons
Author's Manuscript of article published in the International Journal of Evidence and Proof (Sage Publishing).