Publications

Books:

Accepted for publication. Policy Change, Courts, and the Canadian Constitution. University of Toronto Press. (edited)

2016. Constitutional Amendment in Canada. University of Toronto Press. (edited)

2013. Governing from the Bench: The Supreme Court of Canada and the Judicial Role. UBC Press.

Journal Articles:

Accepted for publication. "The Impact and Role of Officers of Parliament: Canada's Conflict of Interest and Ethics Commissioner." Canadian Public Administration. (with Gwyneth Bergman).

Forthcoming. "Dialogue, Remedies, and Positive Rights: Carter v. Canada as Microcosm for Past and Future Issues under the Charter of Rights and Freedoms." Ottawa Law Review.

Forthcoming. "Positive Rights and Section 15 of the Charter: Addressing a Dilemma." National Journal of Constitutional Law.

2017. "'You Can't Always Get What You Want': Regime Politics, the Harper Government, and the Supreme Court of Canada." Canadian Journal of Political Science. [Prepublished on FirstView https://doi.org/10.1017/S0008423917000981]

2016. "Constitutional Constraints on Electoral Reform in Canada: Why Parliament is (Mostly) Free to Implement a New Voting System." Supreme Court Law Review. 76: 399-417.

2015. "Unsteady Architecture: Ambiguity, the Senate Reference, and the Future of Constitutional Amendment in Canada." McGill Law Journal. 60(4): 883-903.

2015. "Public Policy, Rights, and Abortion Access in Canada.International Journal of Canadian Studies. 51: 97-120. (with Rachael Johnstone).

2014. "The Dilemma of Positive Rights: Access to Health Care and the Canadian Charter of Rights and Freedoms." Journal of Canadian Studies. 48(3): 49-78. [Note: this article was first published in August, 2015]

2013. "Dialogue or Compliance? Measuring Legislatures' Policy Responses to Court Rulings on Rights.” International Political Science Review. 34: 39-56. Prepublished on April 13, 2012. DOI: 10.1177/0192512111432565

2012. "Conceptual Precision and Parliamentary Rights Review: Disambiguating 'Dialogue'.Review of Constitutional Studies. 17(2): 73-100.

2012. Failing to Walk the Rights Talk? Post-9/11 Security Policy and the Supreme Court of Canada.” Review of Constitutional Studies. 16(2): 31-52.

2010. “Consensus and Unanimity at the Supreme Court of Canada.” Supreme Court Law Review. 52: 379-410.

2009. “Administration at the Supreme Court of Canada: Challenges and Change in the Charter Era.” Canadian Public Administration. 52(1): 1-21.

2008. “Terms of Entitlement: Is there a Distinctly Canadian ‘Rights Talk’?” Canadian Journal of Political Science. 41(2): 303-28.

Peer-reviewed Book Chapters:

Accepted for publication. “Judicial Policy Impact in Canada,” in Emmett Macfarlane, ed., Policy Change, Courts, and the Canadian Constitution. (University of Toronto Press).

Accepted for publication. “Policy Influence and Its Limits: Assessing the Power of Courts and the Constitution,” in Emmett Macfarlane, ed., Policy Change, Courts, and the Canadian Constitution. (University of Toronto Press).

Forthcoming. "The Future of Constitutional Change in Canada: Examining Our Legal, Political, and Jurisprudential Straitjacket." in Richard Albert, Paul Daly, and Vanessa MacDonnell eds., New Frontiers of Constitutional Law. (University of Toronto Press).

2017. “Conservative with the Constitution?” in J.P. Lewis and Joanna Everitt, eds., The Blueprint: Conservative Parties and their Impact on Canadian Politics. (University of Toronto Press).

2016. “Striking a Balance: The Players and Procedures of Canada’s Constitutional Amending Formula,” in Emmett Macfarlane, ed., Constitutional Amendment in Canada. (University of Toronto Press).

2016. “The Uncertain Future of Senate Reform,” in Emmett Macfarlane, ed., Constitutional Amendment in Canada. (University of Toronto Press).

2016. “The Future of Canadian Constitutional Amendment,” in Emmett Macfarlane, ed., Constitutional Amendment in Canada. (University of Toronto Press).

Other Book Chapters:

2017. "Electoral Reform is Not a Rights Issue," in Andrew Potter, Daniel Weinstock and Peter Loewen, eds. Should We Change How We Vote? Evaluating Canada's Electoral System. McGill-Queen's University Press.

Policy Reports/Briefs:

2016. Submission to the House of Commons Electoral Reform Committee.

Other Articles:

2015. "Much Ado About Little - On Harper's Judicial Appointments." Policy Options. (October).

2015. "Senate Reform: The Good, the Bad, and the Unconstitutional." Policy Options. (September).

2014. "Parliament, not the courts, should decide." Policy Options. 35(2): 37-9.

2013. "Supreme Confusion." Policy Options. 34(3): 45-8.

2013. "Positive Rights." CBA National Magazine.22(3): 42-5.

Review Essay:

2007. “The Attitudinal Model in the Supreme Court of Canada,” Queen’s Law Journal33(1): 249-59.

Book Review:

2016. "Due South: Are Canada's Constitutional Values Becoming More American?" Review of Red, White and Kind of Blue? The Conservatives and the Americanization of Canadian Constitutional Culture by David Schneiderman (Toronto: University of Toronto Press, 2015). Literary Review of Canada. 24(2): 24-5.

2010. Jeffrey Brand-Ballard, Limits of Legality: The Ethics of Lawless Judging. (New York: Oxford University Press, 2010).” Law & Politics Book Review. 20(11): 590-4.

Conference Papers:

“Investigating Officers of Parliament: A Case Study of the Federal Privacy Commissioner.” Canadian Political Science Association. Toronto, ON, May 30, 2017.

“Institutional Reform in the Age of Architecture: Avoiding Constitutional Amendment, Altering Conventions?” Constitution 150 – Confederation – Patriation – Reconciliation. Universite de Montreal, Montreal, QC, May 18, 2017.

“Dialogue, Remedies, and Positive Rights: Carter v. Canada as Microcosm for Past and Future Issues under the Charter.” Constitution 150 – The Charter and Emerging Issues in Constitutional Rights and Freedoms: From 1982 to 2032. Ottawa, ON, March 9, 2017.

“Electoral Reform is Not a Rights Issue.” Electoral Reform Symposium, McGill Institute for the Study of Canada. Ottawa, ON, October 28, 2016.

“Policy Framing, Federalism, and Assisted Reproductive Technologies.” Canadian Political Science Association, Calgary, AB, June 2, 2016.

“The Conflict of Interest and Ethics Commissioner: A Case Study in Rising Political Elites.” Canadian Political Science Association, Calgary, AB, May 31, 2016.

“The Charter Revolution and the Harper Government.” Workshop Honouring Rainer Knopff. University of Calgary, Calgary, AB. May 30, 2016.

“Positive Rights and Section 15: Addressing a Dilemma.” Section 15 of the Charter: Where have we come from, where are we now, and where are we going? York Centre for Public Policy and Law, Osgoode Hall Law School, York University, Toronto, ON, May 13, 2016.

"Positive Rights and Section 15: Addressing a Dilemma." Courts & Politics Research Group workshop, University of Guelph, Guelph, ON, May 5, 2016.

"Constitutional Constraints on Electoral Reform in Canada: Why Parliament is (Mostly) Free to Implement a New Voting System." 19th Annual Constitutional Cases Conference, Osgoode Hall Law School, York University, Toronto, ON, April 8, 2016.

"The Future of Constitutional Amendment in Canada: Examining Our Legal, Political, and Jurisprudential Straitjacket." Canada at 150: New Frontiers of Constitutional Law. Yale University, New Haven, CT, December 15, 2015.

“Examining the Role of Officers of Parliament.” Canadian Political Science Association, Ottawa, ON, June 2, 2015.

“Electoral Politics and the Supreme Court of Canada.” European Consortium for Political Research. General Conference. Glasgow, Scotland, September 6,  2014.

“Regulatory Bodies: The Assisted Human Reproduction Act and the Future of Abortion Access in Canada.” Abortion: The Unfinished Revolution conference, Charlottetown, PE, August 8, 2014. (With Rachael Johnstone).

“Regulatory Bodies: Abortion and Canada’s Assisted Human Reproduction Act.” International Political Science Association, Montreal, QC, July 24, 2014. (With Rachael Johnstone).       

“The Politics of Constitutional Amendment in Canada.” International Political Science Association, Montreal, QC, July 20, 2014.

"Insurmountable Barrier? Constitutional Politics and the Amending Formulae in Canada,” Canadian Political Science Association, St. Catharines, ON, May 27, 2014.

“Drug Policy, Positive Rights, and Inter-Institutional Battles under the Charter,” Canadian Political Science Association, St. Catharines, ON, May 27, 2014. (With Minh Do).

“Conservative with the Constitution: Between Antipathy and Tolerance in the Charter Era,” Atlantic Provinces Political Science Association, Charlottetown, PE, October 5, 2013.

“Supreme Inconsistency: Social Policy and Positive Rights under the Charter,” Canadian Political Science Association, Victoria, BC, June 4, 2013.

“Bills of Rights as Policy: Evaluating the ‘Political Success’ of Australia’s Sub-National Bills of Rights,” Canadian Political Science Association, Edmonton, AB, June 15, 2012.

"Measuring the Political Success of a Bill of Rights: Australia’s Sub-National Bills of Rights in Comparative Perspective,” Western Political Science Association, Portland, OR, March 23, 2012.

Social Policy, Federalism Disputes and the Courts: Vancouver’s Safe Injection Site as a Case Study in Canadian Multilevel Governance,” Comparing Modes of Governance in Canada and the European Union: Social Policy Engagement across Complex Multilevel Systems, University of Victoria, Victoria, BC, October 14-15, 2011.

“Measuring the Policy Impact of the Charter of Rights and Freedoms,” Canadian Political Science Association, Wilfrid Laurier University, Waterloo, ON, May 16, 2011.

“Comparative Conceptions of Dialogue: Parliamentary Systems and Institutional Relationships Surrounding Rights,” Northeastern Political Science Association, Boston, MA, November 13, 2010.

“Judicial Conceptions and Legislative Capitulations: Another Foray into the Charter ‘Dialogue’ Debate,” Canadian Political Science Association, Concordia University, Montreal, QC, June 2, 2010.

“The Supreme Court as a Black Box? Why ‘Models’ of Decision-Making Aren’t Enough,” Canadian Political Science Association, University of British Columbia, Vancouver, BC, June 4, 2008.

“Inside the Supreme Court of Canada: Judicial Role Perceptions and Institutional Policy-Making,” Association for Canadian Studies in the United States, Toronto, ON, November 17, 2007.

“‘Rights Talk’ and Reality in Canada: Does News Media Coverage Impoverish Political Discourse Regarding the Charter of Rights?” Canadian Political Science Association, University of Saskatchewan, Saskatoon, SK, May 30, 2007.

“Filling the Bench by ‘Benching’ the Prime Minister: Real Reform of the Supreme Court of Canada Appointments Process,” Atlantic Provinces’ Political Science Association, Mount Saint Vincent University, Halifax, NS, September 16, 2006.


Invited Talks/Events:

Roundtable: Courts and Politics Research: The State of the Field. 2nd Annual Workshop of the Courts & Politics Research Group, University of Guelph, Guelph, ON, May 5, 2017.

“A New Study on Supreme Court Decision-Making.” Canadian Constitution Foundation Law & Freedom Conference. Toronto, ON. January 8, 2017.

Author Meets Critics roundtable: Robert Leckey’s Bills of Rights in Common Law, Canadian Political Science Association, Calgary, AB. June 2, 2016.

Roundtable: The Role of Judges. "Judging Judges: Debating the Role of Canada's Judiciary," Massey College, University of Toronto, Toronto, ON, February 23, 2016.

"Is the Canadian Constitution Frozen? Examining Canada's Amendment Straitjacket," Department of Political Science, University of Guelph, Guelph, ON, January 27, 2016.

"Religious Freedom, Reasonable Accommodation, and Their Limits," Dr. Laird Christie Annual Lecture in Anthropology, Wilfrid Laurier University, Waterloo, ON, November 20, 2015.

“What Happens Now Canada?” Post-election panel. Political Science Students’ Association, University of Waterloo. Waterloo, ON. October 26, 2015.

Post-election panel Q&A. Canadian Politics subgroup on Reddit. https://www.reddit.com/r/CanadaPolitics/comments/3pxrf0/were_a_group_of_experts_on_canadian_politics_and/ October 23, 2015.

“The Trouble with Changing the Canadian Constitution.” University of Toronto. Toronto, ON. October 16, 2015.

Independent officers of Parliament conference (roundtable format). University of Ottawa, Ottawa, ON. September 24-25, 2015.

The Role of the Judiciary in Canadian Governance. The Institute of Public Administration of Canada-Northwest Territories Group and the Canadian Bar Association Public Sector Lawyers. Yellowknife, NWT (via teleconference). April 24, 2015.

Assisted Dying: Interdisciplinary Perspectives on Doctor-Assisted Suicide. University of Waterloo, Waterloo ON, March 18, 2015. 

"Unsteady Architecture: Ambiguity, the Senate Reference, and the Future of Constitutional Amendment in Canada.” Democracy, Federalism and the Rule of Law: The Implications of the Senate Reference, McGill Law Symposium, Montreal QC, January 30, 2015.

McGill Law Journal podcast, on big cases the Supreme Court will hear during its fall term. October 14, 2014. http://directory.libsyn.com/episode/index/id/3119256

“Roundtable: Supreme Court Reference re Senate Reform,” Canadian Political Science Association, St. Catharines, ON, May 29, 2014.

Q&A, “Governing from the Bench,” Politics 3278: Courts and Legislatures, University of New Brunswick Saint John (via Skype). April 14, 2014.

“How to Talk to the Media.” Presentation and panel discussion, University of Waterloo, March 17, 2014.

“Cases and Controversies at the Supreme Court of Canada.” Talk given to the University of Waterloo Debate Club. March 13, 2013.

“Inside the Supreme Court of Canada: What Factors Influence Judicial Decision-Making?” Graduate School of Public and International Affairs, University of Ottawa. February 7, 2013.

Q&A, “Ask Me Anything.” Canada Politics Sub-Group on Reddit, December 11, 2012. http://www.reddit.com/r/CanadaPolitics/comments/14o1xc/i_am_emmett_macfarlane_poli_sci_prof_uwaterloo/

Workshop, “Canadian Priorities Agenda.” Institute for Research on Public Policy, Toronto, ON, November 13, 2012.

Canadian Politics and Social Media Panel Discussion, University of Victoria, Victoria, BC, October 6, 2011.

“Conceptual Chaos: The Rights ‘Dialogue’ in Parliamentary Systems of Judicial Review,” Visiting Scholar and Visiting Researcher Colloquium, Harvard Law School, Cambridge, MA, December 1, 2010.


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