Declarations of Invalidity

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February 2024

Ideology, partisanship, and judicial appointments under Doug Ford
Last week the Toronto Star reported that Ontario Premier Doug Ford had appointed two former staffers from his office to the body responsible for…
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Emmett Macfarlane
8
Yes, the feds can actually override provincial anti-trans school policies. Here's how.
I have written about the controversial new anti-trans policies adopted by right-wing premiers across Canada that would require schools to report, in the…
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Emmett Macfarlane
5
Judicial misadventures in unwritten constitutionalism: The Federal Court invents a convention and egregiously runs with it
The federal government has made a total hash out of judicial appointments since 2016. It has allowed lengthy vacancies to persist and is slow to replace…
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Emmett Macfarlane
4
The Supreme Court hits a home run on reconciliation
On the division of powers, on reconciliation, and on arguments about 'constitutional architecture'
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Emmett Macfarlane
6
The influence of conventions in the SCC's decision re: Ford's ministerial mandate letters
It is not a constitutional case, in the sense of constitutional law, but the unwritten constitution had a tremendous impact on the SCC’s recent decision…
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Emmett Macfarlane
3

January 2024

A Dubious Judgment on the Emergencies Act
Where to even start with this one...
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Emmett Macfarlane
25
Remembering Peter Russell
Canada loses another scholarly giant, and I another academic hero
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Emmett Macfarlane
4

December 2023

2023 Year in Review - Law & Politics Scholarship on Canada
It’s now a tradition (two years in a row is a tradition, right?) for this Substack to give a quick rundown of some of the best ‘law and…
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Emmett Macfarlane
2023 Year in Review at the SCC
I don’t know about you, but ever since the pandemic, I have no sense of time. With some major news events, I might be shocked to discover something…
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Emmett Macfarlane
5
The Manning Report and the former SCC judge
Last month Alberta saw the release of the final report of its Public Health Emergencies Governance Review Panel, appointed by the government and headed…
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Emmett Macfarlane
4
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