2026 John McMenemy Prize

Winners: Geoffrey Sigalet and Dave Snow

Excerpt from jury report: This article analyzes the resurgence of the debate surrounding the use of the notwithstanding clause in Canada. In doing so, it offers an explanation that accounts for both institutional and partisan factors. Drawing on an original dataset of Supreme Court decisions (1982–2020), Geoffrey Sigalet and Dave Snow suggest that the increasing judicial invalidation of provincial legislation, combined with intensifying partisan conflicts between conservative-led provinces and a Liberal federal government, has reshaped the strategic landscape for provinces. In this context, they argue, the notwithstanding clause has been reactivated as a tool of resistance to the centralizing tendencies associated with federal Liberal policies.