The Quarantine Act passed by the Canadian government imposes several conditions and restrictions for travelers entering Canada’s various provinces. Any traveler who has left Canada and returns will be required, by law, to self-quarantine for 14 days, unless they are exempt. Failure to do so can result in severe penalties, including six-month incarceration and up to a $750,000 fine. But international is not the only travel officials are worried about. With cases of new strains popping up in various parts of the world, the officials in the provinces are becoming more concerned about inter-provincial travel as well. …


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 latitude by Prime Minister Justin Trudeau to make decisions regarding the pandemic, especially as it affects travel within Canada. Some provinces, such as Labrador and Newfoundland have prohibited travelers from other parts of Canada for any reason, even to travel to and from work. …


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 Myanmar’s 2008 Constitution. Myint Swe then declared a state of emergency for one year, and transferred legislative, executive and judicial powers to the Commander-in-Chief, Min Aung Hlaing.

The multilateral response should focus on the constitutionality of the Tatmadaw’s actions. Myanmar’s state of emergency is a military coup d’état, and is…


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 plurinational state. The constitutional problems of plurinational states arise because modern states necessarily engage in a process of nation-building, which is designed to produce a degree of common identity, shared by all its citizens, across the entire territory of the state. The means to do so include policies centered on…


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- especially the constitutional crisis over the New Deal, and the liberal legal agenda championed by the Warren Court-loomed large, especially to Canadian legal elites who increasingly receive their graduate training in the United States.The federal government’s proposals were clearly alert to the risks that judicial review under the Charterposed, no…


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 from a variety of sources- constitutions, statutes, common law, convention, custom, and treaty-within each of those traditions. Canadian constitutional argument consists not just of arguing within discursive frameworks, but reasoning and justifying across them. Integrating the diverse lineaments that are the constitutive elements of Canadian public law is at the…


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 rights and democracy, and deliver good governance

The Peace, Order, and Good Government Centre (CCPOGG) represents an exciting opportunity for Canada to create a leading international institution that uniquely combines democracy support with mediation and conflict resolution work. …


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 “reasonableness” standard of review. Vavilov raises the question of whether the standard of review is now “correctness” — i.e., the appellate standard. As a solution, I propose that Canadian courts follow the English approach to appeals on pure questions of law, and only grant leave to appeal decisions rendered by…


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 measures are beginning to generate controversy as infringements of the freedoms of assembly and association, they are only one of a long and growing number of constitutional issues, including those arising from: domestic violence; contact tracing via cellphone data; resource allocation decisions in hospitals for end-of-life care; the federal-provincial division…


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 part of a larger process of democratization, it can also have an important constitutional dimension. In our new book, Security Sector Reform in Constitutional Transitions, we challenge the consensus on how SSR is related to the larger process of constitutional transitions towards democratic rule.

On substance, the consensus holds that…

Sujit Choudhry

Constitutional Law, Peace Processes + Democracy Support | http://choudhry.law | @WZB_GlobCon | @ForumFed | http://constitutionaltransitions.org | 🇨🇦

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