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Concurrences in this category are never the second set of reasons for a judicial decision, but arise when a decision of the Court is in place and a set of minority reasons has been written (separate concurrences are more likely, but one-fifth of the time it is a dissent).
If a single judge is to be associated with this style of disagreement, it is Justice Gonthier: alone, he accounted for more than one-quarter of the fifty-one examples of this category of disagreement, and conversely, this category of disagreement accounted for roughly half of his own separate concurrences (Justices Cory, La Forest and Lamer were in an approximate three-way tie for second place, each with about half as many bridging opinions as Justice Gonthier).
To qualify for inclusion in this set of concurrences, the general tone must always be one of addition, never of subtraction.
However, it would be a mistake to write such concurrences off altogether.
Narrower grounds" concurrences tend to be short--only a handful are over 1,000 words long and the average, at just over 500 words, is barely a page and a half of text.
But in narrower-grounds concurrences, we actually have the Canadian judges saying, out loud and in public, that the members of the panel specifically consider and sometimes disagree on the appropriate timing for the consideration of the broader issues that always and inevitably lurk beneath specific cases.
Prosper, and a number of judges (Justices LaForest, McLachlin, L'Heureux-Dube, Gonthier and Major) moved from the majority to separate concurrences to dissents as the factual context shifted.
A pure example of the wording used in such concurrences (and the one that provides this section's title) is found in Quebec (A.
There were 14l such separate concurrences, including 40 per cent of the concurrence swing decisions.
First, the concurrences in this category were twice as long as the average separate concurrence, at just over 4,000 words.
About one-seventh of separate concurrences are very short comments directing attention to the reasons presented in another Court decision.
These concurrences now tend to be extremely terse (typically around fifty words) and uncommunicative, beginning with the phrase "subject to my comments [in another specific case]," and concluding simply with "I concur in the disposition of the appeal.
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