This week, we're speaking about public law and government decision-making with Zain Naqi, a Toronto litigator with an extensive public law and appeals practice. Topics: evolving doctrines of crown immunity; a new test for Aboriginal title; and section 7 implication for sex work provisions. This program contains 30 minutes of substantive content for the Law Society of Ontario's CPD requirements.
🔵 How has recent caselaw influenced the Crown's ability to immunize its own operational decisions from legal challenge? (13:36)
🔵 How might a recent Quebec Superior Court decision revise the Van der Peet test for identifying Aboriginal rights? (22:26)
🔵 What are the section 7 Charter implications of an upcoming Supreme Court hearing
🔵 Our Ask-Me-Anything segment, featuring questions submitted by patrons of the Lawyered community (41:28)
⚫ What impact will recent decisions on public interest standing have on access to justice? (42:00)
⚫ What are your thoughts on the increasing invocation of the notwithstanding clause by provinces and the constitutional limits to its use? (45:40)
⚫ How has Canada’s experience compared to the United States regarding concerns about the “politicization of the courts” and the separation of powers between the judiciary and the executive branches of government? (47:42)
⚫ What other public law developments do you anticipate courts will be facing in the near future? (51:00)
✨ Read the full episode transcript HERE
✨ Learn more about the topics/cases on the Lawyered website
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