New and Notable Titles.

PositionPublications

A selection of recent publications relating to parliamentary studies prepared with the assistance of the Library of Parliament (May 2022--August 2022).

Bussey, Barry W. "Parliamentary privilege: An issue of conscience." The Lawyer's Daily 3p, June 1,2022.

* On May 13, Ontario Superior Court Justice John Fregeau issued his decision in Alford v. Canada (Attorney General) 2022 ONSC 2911, striking down s. 12 of the National Security and Intelligence Committee of Parliamentarians Act, S.C. 2017, c. 15, as being unconstitutional.

Johnston, Michael A. "Changing of the constitutional guard: why the Chief Justice of Canada should never also be the Governor General." The Advocate 80 (3): 34143, May 2022.

* In Canada, separation of powers among the executive, legislative and judicial branches--an important requirement for a vibrant democracy--is more illusory than real ... for six months, the Chief Justice of Canada granted royal assent to nascent laws, signed Orders in Council and acted as Commander-in-Chief of the Canadian Armed Forces. It is, no doubt, a position he never sought, and one his predecessors have also filled, but it is a position a justice ought never to have been given.

Kennedy, Gerard J. "Glover v. Progressive Conservative Party of Manitoba: Courts deferential in reviewing internal party affairs-even when they're 'contracts'." Journal of Parliamentary and Political Law / Revue de droit parlementaire et politique 16(2): 521-, 2022.

* ... this case comment explores this unusual saga, and its implications for courts reviewing the results of internal party elections.

Macfarlane, Emmett. "The place of constitutional conventions in the constitutional architecture, and in the courts." Canadian Journal of Political Science/Revue canadienne de science politique 55 (2): 322-41, June/juin 2022.

* The Supreme Court's recent invocation of the 'constitutional architecture' in the Senate Reform Reference has led a number of scholars to question the status of constitutional conventions in the legal, as opposed to political, constitution. Has the Court, without expressly saying so, transformed at least some conventions into constitutional law? This would be a serious rupture, not only from existing precedent on the justiciability of conventions but also from the traditional understanding of conventions as binding political rules. In light of this recent scholarly debate, an exploration of the profound consequences of entrenching conventions in the...

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