Analysis and publications

Commentary, books, and research on democracy and citizenship.

Analysis and opinion

Commentary and essays on the constitutional and civic questions shaping Canada.

The Globe and Mail

Is the Notwithstanding Clause really “a dagger pointed at the heart of our fundamental freedoms”? It depends on whether its use ousts the court’s jurisdiction to review a protected law.

Democracy Paradox

While consensus across philosophical, ideological, and partisan lines on the merits of the NWC is unlikely, there is growing acceptance that its preemptive use should not go unchecked.

National Post

Section 33 has no place in a free and democratic society. It ought to be repealed — the notwithstanding clause is a dangerous and unnecessary tool.

Essay

In the wake of democratic backsliding across the West, the first casualty in the war on truth may be democracy itself.

Ryerson Faculty of Law

Peter’s special address to Ryerson University’s Faculty of Law in its inaugural year.

Essay

On the values expressed in Section 1 of the Charter, and why defending a free and democratic society means re-learning the principles that underpin it.

Publications

Two books, and an essay for the Trudeau Foundation.

Constitutional Democracy Under Stress: A Time for Heroic Citizenship

Edited by Peter L. Biro

The essays in this volume probe the sources of the malaise now confronting constitutional democracies everywhere — and offer grounded, practical responses to our present condition.

“A most timely and significant book. Canada has a distinguishable role to play in the protection of the liberal democratic order, and this book can help inspire that understanding and action.” — The Hon. Irwin Cotler, Founding Chair, Raoul Wallenberg Centre for Human Rights

The Notwithstanding Clause and the Canadian Charter: Rights, Reforms, and Controversies

Edited by Peter L. Biro

Examining and demystifying one of the most controversial, consequential, and misunderstood provisions in Canada’s constitution — asking who should have the last word on matters of rights and justice.

“The most comprehensive study of the Notwithstanding Clause — diverse voices examine a controversial clause of the Canadian Charter. A must-read for anyone interested in human rights, democracy, and the future of Canada.” — The Hon. Justice Nathalie Des Rosiers, Ontario Superior Court of Justice

The Canadian Charter of Rights and Freedoms: A New Constitutional Order for Canada and Model for the World

Peter L. Biro · Pierre Elliott Trudeau Foundation, Scientific Cycle 2024–2027 · April 2024

An essay examining how the Charter reshaped Canadian constitutional order, and what it offers as a model beyond Canada’s borders.

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