Kerry Sun @SunKerry

Common law respecter and DPhil student @OxfordLawFac. Oxford, England Joined August 2012

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Michael Foran @michaelpforan

2 days ago

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.

Michael Foran @michaelpforan

2 weeks ago

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

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Kerry Sun @SunKerry

5 days ago

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."

Patrick Brethour @PatrickBrethour

6 days ago

Globe editorial: The immutable duty of restraint by the courts theglobeandmail.com/opinion/editor…

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Patrick Brethour @PatrickBrethour

a week ago

Globe editorial: Why Chief Justice Richard Wagner should recuse himself theglobeandmail.com/opinion/editor…

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Jamie Sarkonak @sarkonakj

2 weeks ago

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.

Jas Johal @JasJohalBC

2 weeks ago

BREAKING: Aboriginal title can’t apply to private land, Supreme Court of Canada decides cfjctoday.com/2026/05/28/cp-… #bcpoli #cdnpoli

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Kerry Sun @SunKerry

2 weeks ago

The Waterloo Region encampment decision is The Regional Municipality of Waterloo v. Named Respondents and Persons Unknown, 2026 ONSC 2971. wrcls.ca/wp-content/upl… 15/15

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Kerry Sun @SunKerry

2 weeks ago

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/st… 14/

Macdonald-Laurier Institute @MLInstitute

4 weeks ago

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

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Kerry Sun @SunKerry

2 weeks ago

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/

Diana Chan McNally @DianaCMcNally

3 weeks ago

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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Jamie Sarkonak @sarkonakj

2 weeks ago

Oh boy, really curious to see how this translates into real life. Special hiring policies for the homeless? Entrance fees to public amenities waived? Decorum rules suspended? Drunk and disorderly bylaws unconstitutional? Can we paywall a zoo? Can we kick people out of libraries?