Above: Twenty-six law students from Université de Montréal and McGill University spent the 2017 winter term writing the text of the (new) Canadian Constitution 2017 in a course taught by Professors Johanne Poirier (McGill) and Daniel Turp (UdeM). The class ended with a simulation of a Constituent Assembly in Ottawa.
Cooperative Federalism and Intergovernmental Relations:
What's Law Got To Do With It?
2019-2021 Research project funded by the Secrétariat du Québec aux relations canadiennes
In 2019-2021, Professor Johanne Poirier will be leading a major research project on intergovernmental relations and cooperative federalism.
The technical ramifications and legal implications of intergovernmental agreements, as well as their implementation, have been generally neglected by jurists. However, cooperative mechanisms crafted by the executives can have undeniable collateral effects on the scope of parliamentary scrutiny over the executive, on judicial review of administrative action and on the balance of federal architecture.
Professor Johanne Poirier will attempt to fill these doctrinal gaps by studying the law that emanates from, structures and affects intergovernmental agreements. She also plans to initiate a form of “catalogue” of cooperative techniques and of the role played by law in structuring them. While the project is focused on cooperative federalism in Canada, it will benefit from a comparative lens: analysing foreign experience being so often the best way of decoding the particularities of one’s own system.
Ultimately, her work harbors significant potential to provide answers to the various components of the Canadian federations on the uncertainties inherent to the modalities of intergovernmental cooperation, on the stability of cooperative mechanisms and on the courts’ responses to them.
Johanne Poirier receives 2019 Durnford Award
Professor Johanne Poirier (BCL’91, LLB’91) received the John W. Durnford Teaching Excellence Award at the Law Convocation ceremony on May 30, 2019. Professor Colleen Sheppard presented her. This award – named in honour of the late emeritus professor and former dean John W. Durnford – annually recognizes the exceptional pedagogy of a law professor selected by students via the Law Students’ Association.
A look back at the 2019 Baxter Symposium
On May 11, Jan Raeimon Nato, Berihun Gebeye, Catherine Mathieu and Rafael Viotti Schlobach, this year's winners of the essay competition, presented their papers at the 2019 Baxter Symposium, and engaged in lively conversation with the audience. We share some photos of the proceedings.
New publication: Le fédéralisme coopératif comme terrain de jeu du droit
Professeur Johanne Poirier, MacKell Chair in Federalism at McGill University, and Professor Nicolas Levrat, Global Studies Institute, Faculty of Law, University of Geneva, have edited a special edition of the Fédéralisme - Régionalisme (volume 18: 2018) journal that examines the operation of the federal systems of Belgium, Canada, Switzerland and the European Union through the lens of games.
The studies presented in this volume are the result of cooperation between three French-speaking universities outside of France: the University of Geneva, the Université Libre de Bruxelles and the Université de Montréal, which in 2013 instituted the G3 of the francophonie. This consortium mainly supports the creation of research groups between partner universities. Thus was formed a "study group on public policies in the framework of cooperative federalism". Interestingly and unintentionally, it immediately became apparent that the countries in which the G3 partner universities (Belgium, Canada and Switzerland) are located are Federations that implement cooperative federalism in various forms. The issue is open access.
The Challenges of Coexistence: Language Policy in Canada
22 February 2019, 13:00-17:00, McGill Faculty Club
Much has been written recently about language policy in Canada, in light of political developments in provinces like New Brunswick and Ontario, the 50th Anniversary of the Official Languages Act and the announced recognition of Indigenous languages in Canada. The objective of this Symposium is to discuss language policy in Canada, with a particular emphasis on language minorities. The event focuses on Canada’s two official languages and their fate at the federal and provincial levels while also bringing to the fore issues related to other languages present in Canada, including Indigenous languages. See the complete program [.pdf]
Les enjeux constitutionnels entourant la succession royale au Canada
6 November 2018, 16:00-18:00, New Chancellor Day Hall, room 101
The MacKell Chair is co-organising a Constitutional Moment with Patrick Taillon, Julien Fournier, Catherine Mathieu and Mark D. Walters. Find out more...
Metaphors and Constitutional Amendments in Canada and the UK
28 March 2018, New Chancellor Day Hall, room 203
The MacKell Chair is co-organising a Constitutional Moment with Paul Daly, Professor of Law at the University of Cambridge. Find out more...
Constitution of Canada, 2017: Reinventing the fundamental law of a plurinational State
November 22, 2017, Maxwell Cohen Moot Court
We held a Constitutional Moment talk with Professor Johanne Poirier (McGill U) and Professor Daniel Turp (UdeM), and their students. Find out more.
The Faculty of Law's annual alumni magazine, Focus Law | droit, featured an article about the Chair's activities this year regarding Canada's 150.
Download the excerpt: 150 ans en mouvement
About the Chair
The Peter MacKell Chair in Federalism aims to reflect on the foundations, potential, risks and concrete incarnations of the “federal phenomenon” understood broadly.
The inaugural holder of the Peter MacKell Chair is Professor Johanne Poirier.
The Peter MacKell Chair in Federalism was created at the Faculty of Law thanks to a generous bequest from Peter R.D. MacKell.
“Une Chaire sur le fédéralisme voit le jour”, entrevue avec Pierre Vallée, Le Devoir, 14 nov 2015.
“Regards neufs sur la Constitution”, interview with the MacKell Chair, Law Focus online, McGill’s Faculty of Law monthly electronic magazine.
About Peter R.D. MacKell
Peter R.D. MacKell, QC, BCL’51 (1927-2011) was a well known Montreal business lawyer. Born in Ottawa, the son of Air Commander David Edward MacKell, CBE, and of Margaret Eileen Kehoe, Peter MacKell was educated at the Royal Canadian Naval College at Royal Roads, and at McGill University.
Admitted to the bar in 1951, he began his career with Duquet MacKay, later moving to Martineau Walker, today known as Fasken Martineau. He led the firm as Chairman for several years, before retiring in 1995.
Peter MacKell handled many significant litigation and commercial briefs in the course of his career, representing major Canadian and foreign clients. He was also a highly sought-after corporate director, and a member of the board of Goodfellow inc. for many years, as well as a director of the Régie de l’assurance-dépôts du Québec.