Not Reserving Judgment
Episode 48: A win against absolute government immunity & a loss on firearms
Jul 24, 2024
A recent Supreme Court decision shakes up ideas about government immunity, allowing people to sue for unconstitutional laws. The hosts delve into the nuanced world of firearms legality, discussing challenges faced by gun owners. They also critique a new Edmonton Police Commission policy that limits public engagement, raising concerns about free speech. The conversation reflects on the need for legal accountability and the balance of power between the state and individual rights, all while adding a touch of humor about legal opinions.
27:00
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Quick takeaways
- The Supreme Court ruling establishes that parliament members can be held accountable and sued for passing unconstitutional laws, reinforcing individual rights.
- Challenges in firearm regulations highlight the lack of clarity and transparency in classifying weapons, impacting law-abiding citizens' rights and legal understanding.
Deep dives
Parliament's Accountability for Unconstitutional Laws
The recent Supreme Court decision reinforces that Parliament does not possess absolute immunity when enacting unconstitutional laws. The ruling clarified that citizens injured by such laws should, under certain circumstances, be allowed to sue the government for damages stemming from those laws. This is significant because it holds the government accountable and ensures that individuals have a recourse if their rights are violated through legislation deemed unconstitutional. The majority opinion of the court signified a shift towards recognizing the right of individuals to seek compensation for the adverse effects of legislative actions, emphasizing that the government must face consequences for abuses of power.
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