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Gerard A Kennedy on Muck Rack

Gerard A Kennedy

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Articles

Op-Ed: Dubious court decisions make the case for notwithstanding clause

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By Gerard A Kennedy
| Canadian Affairs
Overview: When courts make decisions beyond their proper areas of expertise, the notwithstanding clause is the legislatures' best possible tool to respond Read: 4 min In recent weeks, there has been an exceptional amount of commentary about Ottawa’s efforts to limit the provinces’ use of the Charter’s notwithstanding clause. This clause, section 33, permits legislatures or Parliament to temporarily suspend the application of Charter rights to specific laws for up to five years at a time.
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Gerard Kennedy: Sean Fraser is pushing Canada toward U.S.-style judicial power

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By Gerard A Kennedy
| Substack
By: Gerard Kennedy Recent weeks have seen myriad commentators wonder if Canada’s elbows are “down” with respect to U.S. President Donald Trump’s provocations. Significant sympathy must be given to Prime Minister Mark Carney here in dealing with an unpredictable narcissist. Figuring out the best strategy is a mug’s game. But no one should doubt that the PM does not want Canada to become America.
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Wither the Divisional Court? Looking at the Past, Analyzing the Present, and Querying the Future of Ontario’s Intermediary Appellate Court

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By Gerard A Kennedy
| Ottawa Law Review Verified
Wither the Divisional Court? Looking at the Past, Analyzing the Present, and Querying the Future of Ontario’s Intermediary Appellate Court
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