When Judges Become Social Engineers
Shownotes
When judges become social engineers, democracy starts to wobble.
Gavin and Stephen examine the Waterloo homeless encampment decision as a major example of courts moving beyond traditional Charter review and into the realm of public policy design.
What began as a dispute over a municipal bylaw and a public parking lot becomes, in their view, a much larger warning about judicially engineered social outcomes, the constitutionalization of housing policy, the weakening of elected municipal authority, and the possibility that governments may increasingly respond with tools like the notwithstanding clause.
Listen For:
00:00 Is housing now a protected Charter right in Canada?
7:15 Why did Waterloo lose the ability to clear a homeless encampment?
13:11 Could this decision create new constitutional rights around housing and income?
19:27 Are courts replacing elected governments in homelessness policy?
30:41 Could the notwithstanding clause become the next battleground?
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Gardiner Roberts website | Gavin email | Stephen email
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