Common law respecter and DPhil student @OxfordLawFac.

Joined August 2012
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The SCC's Charter imperialism marches onward, as the majority (per Wagner C.J.) extends its application to discretionary appointments of officers of state. Rowe J., dissenting, reasons that a justiciable bilingualism requirement would undermine responsible government [239].
Supreme Court of Canada allowed the appeal in Société de l’Acadie du Nouveau-Brunswick v. Canada, 2026 SCC 22. The Court held that s. 16(2) of the Charter requires New Brunswick’s Lieutenant Governor to perform their functions in both official languages decisions.scc-csc.ca/scc-csc…
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But the counterarguments to both responses are apparent: 1. Surely s. 16 of the Charter would apply to the appointment of public officers, regardless whether the power is textual or unwritten? 2. LG is 'democratically elected' in the same sense as the PM who appoints him or her.
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To blunt Rowe J.'s criticism that it enacted "a fundamental change to the rules of our parliamentary democracy" [239], the majority claims its judgment is limited to the present context. But are attempts to dictate the generalisability of one's reasons plausible (cf Bush v Gore)?
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Kerry Sun retweeted
Due to escalating disruptive protests, I have decided to cancel the remainder of these lectures. This is deeply lamentable, but the disruption has undermined the academic nature of this series. Students shouldn't face bullying or harassment when attending academic events.
I’ll be lecturing some of the themes in Sex, Gender Identity, and the Law Fridays for the next four weeks starting tomorrow: Venue: The HB Allen Lecture Theatre, HB Allen Centre, Banbury Road, Oxford Time: 17.00-18.30 Dates: 29 May; How Sex Changed 5 June: Single-Sex Spaces 12 June: Gender Critical and Gender Identity Belief 19 June: Sexual Assault by Deception
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Good on the Globe and Mail for shining a light on what it calls "a new chapter of judicial activism": "The courts must exercise their powers with restraint, and with due deference to legislatures. That is, or at least should be, an immutable characteristic of the legal system."
Globe editorial: The immutable duty of restraint by the courts theglobeandmail.com/opinion/…
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Kerry Sun retweeted
This Canadian Press story is plain wrong. The Supreme Court didn't uphold anything, and it absolutely did not rule out Aboriginal title claims on private property. It merely declined to hear an appeal of a case in New Brunswick. That's not upholding or rejecting. The Canadian Press story also got the New Brunswick case wrong. The NBCA didn't say that Aboriginal title can't apply to private land. It said that there can be findings of Aboriginal title over private property, and that any liability for that lies with the Crown, not private owners. I.e.: If your house gets Aboriginal title'd, it would be the government that has to pay out. The court did say that Aboriginal title can't be declared over land rights (declaration = Aboriginal group gets ownership rights; finding = Aboriginal group doesn't get ownership but can pursue compensation from the Crown). This offers some comfort in New Brunswick, for now, but this matter is not settled in Canada.
BREAKING: Aboriginal title can’t apply to private land, Supreme Court of Canada decides cfjctoday.com/2026/05/28/cp-… #bcpoli #cdnpoli
Community note
The Supreme Court of Canada declined to hear an appeal from the Wolastoqey Nation. It did not make a ruling on whether Aboriginal title can apply to private land. The New Brunswick Court of Appeal decided that issue. decisions.scc-csc.ca/scc-csc/scc-l-… lawforbreakfast.substack.com/p/implications…
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This ruling exemplifies the logical consequences of the Supreme Court's jurisprudence, particularly on s. 7 and s. 15 of the Charter. The impediment of public transportation policy here is not so much the work of one errant judge, as it is the accretion of legal precedents. 1/
BIG news out of Kitchener-Waterloo: the Ontario Superior Court has ruled that homelessness is an analogous ground for discrimination under s.15 of the Charter. This is a BIG step toward recognizing homeless people as an equity-seeking group under the law. Governments take note!
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Whatever the flaws in the individual judge's reasoning in this case, the outcome is largely the manifestation of an ongoing trend of expansive and adventurous judicial interpretations of the Charter. We discuss this trend in a recent paper for MLI. x.com/MLInstitute/status/205… 14/

The latest paper from the Macdonald-Laurier Institute navigates the growing tension between judicial power and parliamentary democracy in Canada. Read “Unseating Responsible Government: Judicial Interference in Canada’s Parliamentary Democracy” by @GeoffSigalet, @SunKerry, and @yuanyi_z here⬇️ macdonaldlaurier.ca/unseatin…
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The Waterloo Region encampment decision is The Regional Municipality of Waterloo v. Named Respondents and Persons Unknown, 2026 ONSC 2971. wrcls.ca/wp-content/uploads/… 15/15

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