Research
My research agenda broadly focuses on Canadian public law, the Supreme Court of Canada, the institutional relationship between courts and governments, and criminal justice policy. See below for a list of my current projects and my publications.
Strategic Government Behaviour
Broadly, I am interested in studying strategic government behaviour in the legal arena. I have written on government use of former Supreme Court justices and my dissertation project explores provincial governments’ strategic use of courts in constitutional cases.Charter Statements and Political Rights Review
I am interested in how governments engage in political (or pre-enactment) rights review before legislation is enacted. One of my ongoing research projects, with Mark Harding, analyzes Canada’s ‘Charter Statements’ – a new development in Canada’s political rights review.The Supreme Court of Canada
Generally, most of my research involves Supreme Court of Canada decisions. Specifically, I am involved in two large research projects that study the Court. First, I am a partner with Dave Snow on a SSHRC funded project that examines all Charter of Rights and Freedoms cases at the Supreme Court of Canada. Second, I am working with Paul Gardner and Geoffrey Sigalet on a project that examines parliamentary constraints on the Court’s decisions.Criminal Justice Policy
Criminal justice policy is an interesting and unique area of law and politics. Specifically, I have written on sentencing and mandatory minimum sentences. I am interested in other aspects of criminal justice policy that may be susceptible to penal populism or tough-on-crime approaches. I am currently working on a project with Nancy Hills that examines how penal populist rhetoric influenced the Liberal government to amend bail policy.
Dell, Brendan. 2024. "Return to Smith? Harper-Era Mandatory Minimum Sentences in Canadian Courts (2008–2023)" 55:2 Ottawa L Rev 327.Dell, Brendan. 2024. "The Use of Former Supreme Court Justices by Governments: Assessing the Dangers" in Morton, F.L., and Dave Snow (eds.) Law, Politics, and the Judicial Process in Canada. 5th edition. Calgary: University of Calgary Press.Dell, Brendan and Kate Puddister, "Consequences of Weak Parliamentary Rights Review: A Study of Harper-Era Mandatory Minimum Sentences" in Macfarlane, Emmett (ed.). Rights and Parliamentary Systems in Canada and Beyond. Toronto: University of Toronto Press (forthcoming).Dell, Brendan and Mark Harding, "A culture of rights or governing like judges? Assessing the Justin Trudeau government's use of Charter Statements" in Macfarlane, Emmett (ed.). Rights and Parliamentary Systems in Canada and Beyond. Toronto: University of Toronto Press (forthcoming).Publications
Under review and working papers
“The Impact of Penal Populist Rhetoric on Bail Policy Under the Trudeau Government” (co-authored with Nancy Hills)“Governing through Intervention? Government Mobilization in the Supreme Court of Canada” (co-authored with Danielle McNabb)“Parliamentary Constraints on the Constitutional Decisions of the Supreme Court of Canada” (co-authored with Paul Gardner and Geoffrey Sigalet)“Charting the Role of Charter Statements: The Theory and Practice of Charter Statements” (co-authored with Mark Harding)“Try, Try Again: Canada’s Challenge Behind Implementing a Safety Valve Bill for Mandatory Minimum Sentences” (co-authored with Dennis Baker)
