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Defending Canadian Democracy

Informed analysis on events in Canadian politics in an era of misinformation and democratic decline.

emmettmacfarlane.substack.comSource feed ↗10 posts

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Dissecting the Ontario Court of Appeal's decision on Bike Lanes and Section 7 of the Charter

The Ontario Court of Appeal (ONCA) has overturned a trial court decision finding that the removal of bike lanes violated section 7 of the Charter and the right to life, liberty and security of the person.

Mark Carney returns to grubby patronage and damages the renewed Senate

In the Golden Age of Twitter, before it was bought up by a white supremacist oligarch and transformed into a wasteland of disinformation and hate, the Canadian politics nerds used to half-joke about how badly Canada needed The Economist Party.

Bill C-34's Social Media Ban for under 16s is Unconstitutional

Why the courts might, but shouldn't, permit it

A new book on the study of law and politics...

I was delighted to see my latest book, a collection of papers co-edited with my friend Kate Puddister, has been published by the University of Toronto Press.

On debates about the Supreme Court, 'consistent' constitutional interpretation, and the notwithstanding clause

Michael Plaxton has an excellent new post on the apparent whiplash-like oscillations in the Supreme Court of Canada when it comes to describing and applying an approach to constitutional interpretation.

The Supreme Court preserves parliamentary privilege, and constitutional coherence

Justice Rowe's reasons are a masterclass of precision and clarity

Danielle Smith is no separatist; she's much, much worse

In a televised address last night Danielle Smith launched a xenophobic assault on immigration and proposed a set of referendum questions for next Fall advocating a constitutional agenda that would reduce Canada to a rump of pathetic, disaggregated fiefdoms.

Mark Carney must flatly reject Danielle Smith's latest round of anti-constitutional posturing

Danielle Smith has threatened to withhold provincial funding for new judicial appointments unless the province gets more of a say in selecting judges.

Is the Supreme Court's Secession Reference Still Relevant?

The media has been talking a lot about secession lately, with an organized separatist movement in Alberta (albeit with support that looks increasingly weak), and the spectre of a third Quebec vote possibly on the horizon (although support for independence remains relatively weak in Quebec as well, and the idea of another referendum even less popular

Is Canada morally leaderless?

For anyone born in the 70s or 80s, it is abundantly clear we’re living in the most perilous period of our lifetimes.