New Publication “Govt Responses to Constitutional Litigation”

So, here’s a short article that has been published in Constitutional Forum. I originally wrote it for a 2016  symposium, organized by the University of Toronto Asper Centre, that asked participants to strategize about the future of Charter litigation following 10 years of Conservative federal policy and in the early days of a Trudeau ministry.  My paper was about how governments respond to successful challenges against their laws and policy.  I drew heavily, but not exclusively, on precedents from the last ten years.  But I tried to make it clear that most governments don’t take well to losing, and all will seek to promote their political interests.  For that reason, Canadians committed to constitutional rights likely can breathe a bit easier, but should not assume that the battle is over.

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