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.
Full Episode (56:43) Download Transcript
⚫ 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 Vanderpeet test for identifying Aboriginal rights? (22:26)
⚫ What are the section 7 Charter implications of an upcoming Supreme Court hearing regarding those who receive a material benefit from sex work? (32:55)
⚫ 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)
1. The Evolving Doctrine of Crown Immunity (11:33) Download
– Ontario Place Protectors v. HMK in Right of Ontario, 2024 ONSC 4194
2. Recognizing Aboriginal Rights: Beyond the Van der Peet Test (13:20) Download
– R. v. Montour and White 2023 QCSC 4154
3. Section 7 and Sex Work (11:21) Download
– R. v. Kloubakov, 2023 ABCA 2875
4. Ask-Me-Anything: Public Law (15:12) Download
⚫ What impact will recent decisions on public interest standing have on access to justice?
⚫ What are your thoughts on the increasing invocation of the notwithstanding clause by provinces and the constitutional limits to its use?
⚫ 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?
⚫ What other public law developments do you anticipate courts will be facing in the near future?
About the Guest:
Zain Naqi is a partner with Lax O’Sullivan Lisus Gottlieb LLP – a boutique litigation firm in Toronto.
Zain’s practice encompasses all aspects of business litigation and In addition to his commercial disputes work, Zain has an extensive public law and appeals practice. He represents clients at all levels of court in Ontario, the Federal Court, the Competition Tribunal, and the Supreme Court of Canada. His mandates include significant appeals, judicial reviews, and multi-week trials and hearings. He has represented local and regional municipalities across Ontario, aboriginal groups, as well as individuals and corporate clients in administrative and constitutional litigation. He has developed expertise in judicial review proceedings before the Divisional Court, successfully obtaining extraordinary remedies against public authorities. In his pro bono work, he has contributed to cases for the Canadian Civil Liberties Association, including a precedent-setting case on the scope of Crown liability.
Earlier in his career, Zain clerked at the Supreme Court of Canada and worked at a leading New York firm on class actions and regulatory investigations. He is also a co-author of the Chambers Global Practice Guide for Litigation in Canada.