New and Notable Titles: A selection of recent publications relating to parliamentary studies prepared with the assistance of the Library of Parliament (April 2019-May 2019).

PositionPublications

Bedard-Rubin, Jean-Christophe. "Senate reform and the political safeguards of Canadian federalism in Quebec." Constitutional Forum constitutionnel 28 (1), 2019: 19-27.

* ... in light of the Trudeau government's new Senate appointment policy and institutional reform, the meaning and the role of the Senate in Canada's constitutional architecture might change. The Senate reform could transmute what was a politically moribund institution into a genuine political safeguard of Canadian federalism. The path is neither straightforward nor ineluctable, but recent events seem to suggest that Quebec, at least, is willing to step into that newly-opened door. The aim of this article is to chronicle this change by focusing on Quebec's recent attempts to channel its political grievances through the Senate.

Brown, Jennifer. "Protests around Parliament." Briefing Paper 03658--House of Commons Library, May 2, 2019: 17p.

* This briefing paper provides an overview of the current provisions on protests around Parliament, including a background of previous legislation, and controversies and legal cases arising from different provisions over the years.

Campagnolo, Yan. "Cabinet immunity in Canada: the legal black hole." McGill Law Journal / Revue de droit de McGill 63 (2), December/decembre 2017: 315-74.

* Fifteen years ago, in Babcock v. Canada (A.G.), the Supreme Court of Canada held that section 39 of the Canada Evidence Act, which deprives judges of the power to inspect and order the production of Cabinet confidences in litigation, did not offend the rule of law and the provisions of the Constitution. The aim of this article is to revisit this controversial ruling and challenge the Supreme Courts reasoning ... the author argues that section 39 is an unlawful privative clause, a form of legal black hole, which offends the rule of law and the provisions of the Constitution.

Campagnolo, Yan. "Cabinet secrecy in Canada." Journal of Parliamentary and Political Law / Revue de droit parlementaire et politique 12 (3), February/ fevrier 2019: 583-613.

* The term 'Cabinet secrecy' refers to the political and legal rules that protect the confidentiality of Cabinet deliberations and documents in Westminster jurisdictions. This article reflects the notes of a three-hour introductory course on Cabinet secrecy taught at the Department of Justice Canada from 2011 to 2017.

Johnston, Neil, Kelly, Richard. "Recall elections." UK House of Commons Library Briefing Paper 5089...

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