Declarations of Invalidity

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What's at stake in the Alberta election?
Little things, like constitutionalism, democracy, and the rule of law
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Emmett Macfarlane
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Disruption is at the core of protest and the right to peaceful assembly, but there are always limits
On Twitter this morning Global News reporter Mackenzie Gray noted that PSAC, the federal union, “is calling on their members to keep escalating their…
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Emmett Macfarlane
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When will retired Canadian judges learn judicial independence is a two-way street?
A group of more than 60 “former top security officials, military commanders and politicians” have signed an open letter “imploring the Liberal…
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Emmett Macfarlane
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Legislating under the Charter
My new book, co-authored with Janet Hiebert and Anna Drake, is now available for purchase from University of Toronto Press (and other booksellers like…
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Emmett Macfarlane
Supreme Court sits without Justice O'Bonsawin, its sole Indigenous judge, on major federalism and environmental policy case
It's not a good look for the Court
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Emmett Macfarlane
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The most unconstitutional bill in Canada's modern history
 • Emmett Macfarlane
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Does government pandemic inaction violate the Charter?
 • Emmett Macfarlane
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Doug Ford and the death of the legitimacy of the notwithstanding clause
 • Emmett Macfarlane
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The failed justifications for refusing to impose a mask mandate
 • Emmett Macfarlane
11
What the Emergencies Act is not
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Transparency, the Supreme Court, and allegations of misconduct against Justice Brown
The Canadian Judicial Council (CJC) is conducting an investigation based on a complaint against Justice Russell Brown over an alleged altercation at a…
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Emmett Macfarlane
2
Ontario Court of Appeal strikes down Ford government's election spending law
The shift from 'free expression' to 'right to vote' means the notwithstanding clause no longer shields the legislation from judicial invalidation - but…
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Emmett Macfarlane
5
The role of interveners at the SCC
In a recent post I explored the concept of “judicial minimalism” coming out of a recent Supreme Court decision not to revisit a precedent on whether the…
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Emmett Macfarlane
6
Judicial Minimalism
The Supreme Court released its decision today in R. v. McGregor, a case that involved a search and seizure claim under the Charter of Rights in relation…
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Emmett Macfarlane
The Crown, reserve powers, and comparative constitutionalism
I recently finished Anne Twomey’s The Veiled Sceptre, a book that examines the ‘reserve powers’ of the head of state (most of which are exercised in…
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Emmett Macfarlane
2
The failed justifications for refusing to impose a mask mandate
Last week some members of the Department of Political Science at the University of Waterloo signed a letter calling on the university to reinstate its…
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Emmett Macfarlane
11
2022 Year in Review - Part III
A quick look at some of my own research...
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Emmett Macfarlane
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Declarations of Invalidity
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Declarations of Invalidity

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