The COVID-19 pandemic continues to affect those in all 13 Canadian provinces and territories. To date, the virus is responsible for more than 789,000 infections and more than 20,000 Canadian deaths. While Canada has been lauded for its rapid response and tight restrictions, provinces and territories have been given some…

How should the international community respond? Sujit Choudhry (@sujit_choudhry)and Asanga Welikala (@welikalaa) Early on the morning of 1 February 2021, Myanmar’s military (the Tatmadaw) detained President Win Myint, the State Counsellor Aung San Suu Kyi, and other high-ranking government officials. The Tatmadaw declared that Tatmadaw-nominated First Vice-President Myint Swe was Acting President under article 73a of…

The Canadian model of plurinational federalism is another dimension of our constitutional regime that has garnered considerable global interest, and is of central importance to international debates over how constitutional design can and should respond to the relation between constitutionalism and nationalism.The context in which this issue arises is the…

Anxieties over judicial review under a constitutional bill of rights were an important element of the debates preceding adoption of the , because of the new element it introduced into Canada’s pre-existing system of constitutional supremacy, hitherto confined to the federal division of powers. The experience of the United States…

Canadian constitutional discourse-scholarly, legal, political-has been receptive to comparative influences since its very inception. Our openness to comparative engagement, I would suggest, is a product of the constitutional pluralism that defines the Canadian constitutional order. Canada’s constitutional framework is a métissage arising from English, French, and Indigenous legal traditions, and…

A. Introduction — In his recent mandate letter to the Minister of Foreign Affairs, François-Philippe Champagne, Prime Minister Justin Trudeau directed Minister Champagne to: establish the Canadian Centre for Peace, Order and Good Government to expand the availability of Canadian expertise and assistance to those seeking to build peace, advance justice, promote human…

The Supreme Court of Canada’s recent decision in Canada (Minister of Citizenship and Immigration) v. Vavilov, 2019 SCC 65 potentially poses an inadvertent, yet serious, threat to judicial deference to domestic commercial arbitration in Canada. Until , courts hearing appeals on questions of law from arbitral tribunals applied the deferential…

Over the past two months, the federal government, the provinces, and municipalities have exercised a variety of legal powers to respond to the COVID-19 pandemic. Not surprisingly, a large number of constitutional issues have emerged — and could soon give rise to constitutional challenges in the courts. While physical distancing…

Sujit Choudhry Security sector reform (SSR) is central to the democratic transitions currently unfolding across the globe, as a diverse range of countries grapple with how to transform militias, tribal forces, and dominant military, police, and intelligence agencies into democratically controlled and accountable security services. Because SSR is an indispensable…