A Franco-Ontarian from Kingston, Sarah has undertaken all of her studies in French, earning both a Bachelor of Social Sciences (Political Science, magna cum laude) and a Juris Doctor (summa cum laude) in 2020. She also received the University of Ottawa Gold Medal for the highest cumulative average in the Common Law program.
From the beginning of her academic journey, Sarah has been drawn to public law, working as a research assistant for Professor Peter Oliver and then at the University of Ottawa’s Public Law Centre during its first year of operation. She also served as a mentor and teaching assistant for the first-year criminal law course.
Returning to the University of Ottawa to pursue a doctoral degree was, for Sarah, far more than a return to academia: it was the natural continuation of a path of excellence she began here. Today, under the supervision of Professor Vanessa MacDonnell, she explores how existing constitutional institutions can be mobilized to preserve Canadian democracy and strengthen the legitimacy of executive power. In April 2025, Sarah received a Canada Graduate Scholarship, at the doctoral level, from the Social Sciences and Humanities Research Council (SSHRC), which will fund her research for the next three years.
In this interview, Sarah Gagnon reflects on her academic journey, her doctoral research, and her thoughts on the role of the Governor General within the Canadian constitutional framework.
Tell us a bit about yourself and what led you to study at the University of Ottawa.
Sarah Gagnon: I have returned to the University of Ottawa for my graduate studies. I completed my Bachelor’s in Political Science and my Juris Doctor simultaneously from 2014 to 2020. Being a Franco-Ontarian from Kingston, the University of Ottawa offered me the opportunity to continue my studies in French while entering a competitive program and accelerating my entry into the legal profession.
After earning my degrees, I completed two clerkships, first at the Ontario Superior Court of Justice and then for the Chief Justice of the Federal Court of Canada, Paul S. Crampton. Subsequently, I had the privilege of continuing my studies at the University of Cambridge as a recipient of the Right Honourable Paul Martin Sr. Scholarship.
It was while preparing to return to Canada that I had the pleasure of reconnecting with Professor Vanessa MacDonnell and Professor Peter Oliver, with whom I had worked as a research assistant during my undergraduate studies, specifically at the uOttawa Public Law Centre. Professor MacDonnell, now my thesis supervisor, invited me to join her as a doctoral student in her interdisciplinary and international research project on unwritten constitutional norms and principles, funded through the seventh Open Research Area competition.
Although I had not undertaken my master’s degree with the intention of pursuing a doctorate, this opportunity sparked a renewed interest in constitutional law, and more specifically, a desire to explore how I could contribute to this field of research. I therefore began my doctoral studies in September 2023 with the support of Professors MacDonnell and Oliver.
What is the focus of your research, and what inspired you to explore this topic?
S.G.: My doctoral research aims to explore the potential role of the Governor General in countering executive abuses of power in Canada, particularly in the context of democratic decline, as well as the justificatory potential of unwritten constitutional principles.
The role of the Governor General is often misunderstood. It is not simply a matter of representing the sovereign. In fact, as head of state, the Governor General is historically considered the guardian of the Constitution and the independent authority that certifies the legality of government action. It is therefore conceivable that royal prerogatives could be used to remedy abuses of power and violations of constitutional principles in order to safeguard the Constitution they are charged with protecting.
The Canadian constitutional framework has been built on the assumption that the threat of the Governor General’s disagreement would help limit executive excesses. The circumstances in which the Governor General may act independently of the executive’s advice remain an open question, although it is generally accepted that such action would only be justified in exceptional circumstances. I am therefore seeking to determine whether there exists an unwritten constitutional principle of sufficient importance to justify this intervention, whether the precarious political climate – both domestically and internationally – supports a reconsideration of the Governor General’s role, especially in light of democratic decline, and whether it is possible to frame the exercise of royal prerogatives in a way that mitigates legitimacy concerns.
“Today’s volatile political climate justifies a reassessment of the role that constitutional actors other than the judiciary might play, given the varying degrees of effectiveness of earlier judicial interventions.”
Sarah Gagnon
How does your research contribute to current legal debates or contemporary social issues?
S.G.: Westminster-style parliamentary systems have experienced a particularly tumultuous period over the past fifteen years. Successive governments have pushed the limits of their respective powers and questioned the very constitutional structures underlying their democratic legitimacy. Today’s volatile political climate justifies a reassessment of the role that constitutional actors other than the judiciary might play, given the varying degrees of effectiveness of earlier judicial interventions. The renewed debate over the role of the Governor General and the scope of their prerogatives sparked by the January 2025 prorogation only confirms the relevance of this question.
“The Centre has allowed me to network with faculty working in public law, learn about their research, and integrate into the academic world by organizing and participating in various workshops and conferences.”
Sarah Gagnon
Have you been involved in teaching, publications, or conferences during your studies? What have these experiences contributed to you?
S.G.: I feel extraordinarily privileged that the beginning of my doctoral studies was, in a way, a return to familiar ground. I have greatly benefited from the guidance provided by my thesis supervisor, the team at the Public Law Centre – which I rejoined as coordinator – and my colleagues from the unwritten constitutional norms and principles project.
The Centre has allowed me to network with faculty working in public law, learn about their research, and integrate into the academic world by organizing and participating in various workshops and conferences. I was part of the organizing team for the conference entitled “Evolving Approaches to Constitutional Interpretation in Canada” in November 2023 and the Public Law Conference in July 2024, where I also presented my preliminary research on the Rouleau Commission report as an indicator of the health of Canadian democracy. Additionally, I participated in a panel at the annual conference of the International Society of Public Law in Madrid, where I presented a paper entitled “The 1873 Macdonald-Dufferin Prorogation: A Historical Study of Prorogation and Parliamentary Sovereignty in Early Canada.”
I also had the pleasure of collaborating with Professor Peter Oliver on a chapter analyzing the legacy of the Edwards case, which will appear in the volume The Judicial Committee of the Privy Council: Foundational and Leading Constitutional Cases, edited by Han Ru Zhou.
Furthermore, I co-taught the course “Droit, histoire et société” for first-year Civil Law students in Fall 2024. I drew on knowledge gained during my master’s at Cambridge to introduce students to the history of common law.
I hope to continue to grow and diversify my academic and teaching activities in the years ahead.
“My motivation for pursuing my research is rooted in a desire to contribute meaningfully to an important debate on preserving democracy and constructively using existing institutions.”
Sarah Gagnon
Do you have any advice for those considering graduate studies in law?
S.G.: I think it is crucial for those entertaining the idea of graduate studies in law to consider not only whether their topic will keep their interest long-term, but also to reflect on their more concrete motivations for undertaking such work. Initial interest in a topic may not be enough during the more demanding periods of the process. Personally, my motivation for pursuing my research is rooted in a desire to contribute meaningfully to an important debate on preserving democracy and constructively using existing institutions. My topic has evolved over the past two years, but my primary ambition has remained the same.
Beyond these reflections, I would also advise prospective students to be honest with themselves about the aspects of the work they will find most challenging and to approach them proactively. Do you need intermediate deadlines to structure your work? Do you need to prioritize building a supportive community around you to avoid isolation? Are you struggling to balance your studies with other responsibilities? What support do you seek from your thesis supervisor? Such questions are crucial to ensuring sustainable success.
My doctoral journey has not been without obstacles and detours, but I feel I have learned from my experiences and I continue to deepen my passion for my research. Graduate studies are challenging, but they are incredibly rewarding and can provide a unique opportunity for self-discovery and to broaden one’s horizons.