Declarations of Invalidity
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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 resort bar in Arizona in January. In his own statement, Justice Brown acknowledges an altercation took place but
Mar 12
11
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 is the Court right?
Mar 6
13
5
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
Mar 22
6
1
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 Charter of Rights applied to activities of Canadian authorities outside of Canada. One of the issues that came out of that case…
Feb 27
6
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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 to the search of the residence of a member of the Canadian Armed Forces living in the United States. The Canadian Forces…
Feb 17
2
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The most unconstitutional bill in Canada's modern history
26
4
Does government pandemic inaction violate the Charter?
32
2
Doug Ford and the death of the legitimacy of the notwithstanding clause
24
9
The failed justifications for refusing to impose a mask mandate
26
11
What the Emergencies Act is not
27
2
More constitutional vandalism - Quebec's turn (again)
19
2
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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…
Jan 23
10
1
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…
Jan 16
26
11
2022 Year in Review - Part III
A quick look at some of my own research...
Dec 29, 2022
8
1
2022 Year in Review - Part II
Some new law/constitutional politics-related scholarship out this year...
Dec 28, 2022
4
2022 Year in Review - Part I
A few big cases and some interesting trends in Supreme Court jurisprudence
Dec 27, 2022
5
The Challenge of Hate Speech
In a new special issue of Review of Constitutional Studies on the 40th anniversary of the Charter I have a paper titled “Beyond the Hate Speech Law…
Dec 18, 2022
9
Does government pandemic inaction violate the Charter?
Considerations on the right to life, liberty and security of the person
Dec 14, 2022
32
2
Alberta's "Sovereignty Act" passes after amendments - yes, it's still garbage
Oh, and Danielle Smith doesn't understand federalism
Dec 8, 2022
19
2
See all
Most popular
The most unconstitutional bill in Canada's modern history
26
4
Does government pandemic inaction violate the Charter?
32
2
Doug Ford and the death of the legitimacy of the notwithstanding clause
24
9
The failed justifications for refusing to impose a mask mandate
26
11
What the Emergencies Act is not
27
2
More constitutional vandalism - Quebec's turn (again)
19
2
See all popular
Declarations of Invalidity
Canadian Constitutional Politics
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Declarations of Invalidity
Canadian Constitutional Politics
By Emmett Macfarlane
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