Aspiring Robot Lawyer. From Calgary but in Vancouver. Do mostly labour, admin, and constitutional law. Tweets are not endorsements or legal advice.
Joined May 2011
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10 Oct 2020
In terms of my own views on the subject, they tend to be more descriptive and (sometimes) critical, and often evolve over time. But as examples, here’s a short piece those interested might enjoy: dpceonline.it/index.php/dpce… Here’s an even shorter one: policyoptions.irpp.org/magaz… 3/6
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Benjamin Oliphant retweeted
15 Feb 2023
Delighted to have signed a contract with @UBCPress for "THE SURPRISING CONSTITUTION". a collection co-edited with @richard__moon and @KerriFroc. It includes excellent, thought-provoking chapters reflecting on how the the first 40 years of the Const Act, 1982 have surprised us.
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3 Mar 2022
This is fantastic, and exactly the type of thing law societies should be doing, in my view. Makes a lot more sense to me than imposing mandatory make-work project hours. I’m genuinely looking forward to taking this course.
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3 Mar 2022
I haven’t had a chance to review this closely yet, but @ColinFeasby’s stuff is always thoughtful and well worth a read - perhaps especially when he’s challenging your work. Looking forward to diving in.
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13 Feb 2022
As a life-long and long-suffering Lions fan, this is the first time I’ve ever felt genuinely invested in the outcome of a Super Bowl. Pulling hard for Staff today - he deserves it.
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Benjamin Oliphant retweeted
4 Feb 2022
Timely weekend reading for an increasingly unhinged 2022. Well done, @EmmMacfarlane and contributors. (Cc @BenOliphant!)
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30 Jul 2021
Amen. I’ve always preferred 2 or 3 or 4 or 5 judgments that all make sense than 1 judgment agreeing on the result but that requires an unintelligible, internally inconsistent compromise precedent to make it happen. #TeamDividedCourt
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Benjamin Oliphant retweeted
19 Jul 2021
Interesting new s.2(b) case: theglobeandmail.com/business…
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Benjamin Oliphant retweeted
9 Jul 2021
On @avnishnanda’s recommendation, I read this wonderful biography of Thomas Berger, who died in April, and I’m so grateful I did. More than anything it is a model of courageous advocacy.
Sharing some anecdotes here. 🧵
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2 Jul 2021
This was roughly my reading as well. Are Kerry and I missing something?
Taking all these propositions together:
0. Court jurisdiction is defined by s. 96.
1. Court jurisdiction must not be frozen at what it was in 1867, per living tree.
2. So the living tree means the meaning of s. 96 isn’t frozen.
3. But the living tree is itself limited by s. 96.
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Benjamin Oliphant retweeted
1 Jul 2021
Justice Abella not pulling punches in a decision released the day before her official retirement (a pretty interesting one, by the way, about the core jurisdiction of superior courts): decisions.scc-csc.ca/scc-csc…
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1 Jul 2021
Helpful post by Prof @pauldalyesq on the recent SCC decision regarding the protected “core jurisdiction” of the superior courts. administrativelawmatters.com…
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1 Jul 2021
This recent SCC judgment, while interesting, has not significantly advanced my understanding of constitutional interpretation. Not sure what to make of this passage, for instance. canlii.ca/t/jgnxz
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30 Jun 2021
Nice idea & helpful thread. I’ve little to contribute other than that lawyers, including very good/experienced lawyers, are humans that make mistakes sometimes. The vast majority of them are fixable. Try to avoid unfixable ones, but otherwise learn from it and don’t sweat it.
29 Jun 2021
Crowd-sourced #LawTwitter mentoring time:
What’s one invaluable thing that you know now that you wish you knew when you were a summer student, articling student, or new call?
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30 Jun 2021
And while I’m tweeting on the theme of content-I-should-have-read-ages-ago, here’s a characteristically informative piece by @rjjago on the issue of freedom of expression on First Nation’s reserves: thewalrus.ca/the-need-to-pro…
30 Jun 2021
Finally making my way through some old “to read” content, and enjoyed this debate/discussion between @DoubleAspect & @MarkPMancini regarding textualism, neutral principles, & substantive interpretive canons. Buckle up, readers!
doubleaspect.blog/2020/11/23…
doubleaspect.blog/2020/11/12…
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30 Jun 2021
And I’d be remiss to not refer to the thoughtful contribution to the discussion by @AndrewBernstei9 - on second thought I might have read all this already, but I enjoyed it as much the second time through. doubleaspect.blog/2020/11/26…
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30 Jun 2021
Thoughtful thread on an interesting case.
British Columbia Court of Appeal rejects constitutional challenge to foreign property buyer's tax: Li v. British Columbia, 2021 BCCA 256. The tax is intra vires under s. 92(13) and does not create a distinction that engages s. 15(1) of the Charter.
bccourts.ca/jdb-txt/ca/21/02…
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23 Jun 2021
Full decision here, for free speech aficionados. supremecourt.gov/opinions/20…
23 Jun 2021
Supreme Court Rules for Cheerleader Punished for Vulgar Snapchat Message nyti.ms/3w06GRX
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Benjamin Oliphant retweeted
22 Jun 2021
Bill C-15, the United Nations Declaration on the Rights of Indigenous Peoples Act, received Royal Assent yesterday. It is now law. Does that mean the Declaration itself is now Canadian law? The best answer, I think, is, “Not yet”. Thread.
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