Jay Merchant 🇦🇺 🇨🇦

I have been told I like using hand gestures ... prove it! haha

Ultimately, intent is reflected in the plain, ordinary, and sensible meaning of the words used in the legal instrument. As the SCC held in 1988, there is only one “essential requirement of form laid down by s. 33”: that any invocation of the clause “must be an express declaration that an Act or a provision of an Act shall operate." Nothing else. Also of note, while the federal government argues that consecutive engagement of s. 33 is not permitted, which @acoyne seems to applaud, the text contemplates renewals in s. 33(3)-(5). The framers of the constitution clearly had a different vision in mind than what is being advocated before the SCC. The federal government is proposing a judicial "amendment" to the constitution, unencumbered by engagement of the Amending Formula, rather than an interpretation of it. There is real fear this (largely) Liberal appointed activist court will embrace this undemocratic maneuver against the strong objections of several provinces. In effect, getting the SCC to do what the federal government can't do democratically. This is what many find alarming and infuriating.

@MelissaMbarki Almost certainly ... it's not an easy feat my any means for a Constitutional amendment but it is appropriate [rather than the court] in the circumstances ...

@MerchantJW Amendments would require provinces to be involved?

Mark Carney Liberals are asking the Supreme Court to effectively amend the Charter by imposing new restrictions on how provincial governments can use their Section 33 notwithstanding power. A question to the lawyers following me: Does the SCC have the authority to amend the Charter? Isn't there a constitutional amending formula that requires participation from the provinces?

@Osint613 ouch ...

U.S. Rep. Nancy Mace: "Lindsey Graham needs to be removed from the Situation Room. I don't want to hear one word from a guy with no kids, desperately sending our sons and daughters into war on the ground in Iran."

@andersonforAL Thanks for the comments Judge ... I will be taking my students @BondUniversity through this in detail. Cheers from Oz

One reason we have appellate courts is to guard against situations where attorneys - for the state or otherwise - either misuse technology or misstate the law, leading the trial court astray. Trial judges do a vital job, but do not always have the time/resources to detect this.

@Aushiker @ShereleMoody Great stuff thanks for that

@MerchantJW, the domestic violence advocate that Liz mentioned in the podcast about Kelly Wilkinson is @ShereleMoody. Ms Moody is a fantastic advocate for IPV/DV victims.

@lawyerschiff @DouglasWei43233 2008 ... great stuff mate! That's a helluva feat.

@DouglasWei43233 Sober since 2008 Gin. About the only thing that ever even tempts me ….

Beautiful, but not a martini if it has vodka and not gin.

I routinely receive criticism for being strict with my referencing requirements in my assessments ... not only is it my practice in practice to provide pin pointed references but the rationale is an attempt to avoid situations like this in the Georgia Supreme Court ... unnecessary and extremely problematic!

@LawyerIssues Yes lol especially when they bring up a point that the other side should have raised but didnt ... lol

When a judge says “Counsel, I have a question,” every lawyer’s heart rate spikes instantly.

Moving back to the Gold Coast ... #australia

Has anyone heard if the State of Victoria is going to be appealing the sentence of Bao Phuc Cao? Asking for a friend ... #victoria #melbourne

@PardyBruce @AndrewLawton It would be problematic if he stayed on ... I suspect he will recuse himself given his public comments. But in the event he does not ... what becomes of it?

@AndrewLawton Time for Chief Justice Wagner to recuse himself from the case. nationalpost.com/opinion/bruce-…

Mark Carney‘s “new government“ is standing by Justin Trudeau‘s unconstitutional invocation of the Emergencies Act. He and Sean Fraser are appealing it to the Supreme Court. theglobeandmail.com/canada/article…

Danger ... I suspect the LSC will make an example out of this usage of AI ... huge thanks to @NaomiMNeilson for breaking the news. To Be Continued .... lawyersweekly.com.au/sme-law/43930-…

@lawyerschiff I was going to say ... yikes

As a guy who was once fresh out of Law School, this is an absolutely terrible idea

@AnnieAndrewsMD He needs to go!

🇺🇸 In a hypothetical head-to-head matchup with Andrews, Graham leads 47% to 42% of would-be voters. 🇺🇸Andrews closes the gap to just two points (44% to 46%) once voters are informed about each candidate's positions. 🇺🇸 Among independent voters, Graham trails Andrews by 19 points. November is coming.

@DougtheLawyer Thank you for posting ... I see the Judge is up for reelection ... Yikes (I can say that lol). Appreciate the links we will be looking at this in detail during Evidence Law @BondUniversity next semester. Cheers from Oz.

A Houston judge told a jury that "beyond a reasonable doubt" can be as low as "60 percent." This morning the 14th Court of Appeals reversed my client's conviction because of that comment. #appellatetwitter

@CityNewsTO Look at Australia as an example ... taxes included in the sale price we see (no surprises) AND we do not tip here

"Out of hand": New survey finds two‑thirds of Canadians want to abolish tipping culture. toronto.citynews.ca/2026/03/17/can…

@KMartinCourts Should be a short hearing ... bail denied.

Calgary Sun calgarysun.com/news/crime/all…

@jeremy_gans @StuartJeffery_6 Thank you for that. Cheers

@StuartJeffery_6 @MerchantJW Judgment (not blocked) here: law.justia.com/cases/texas/fo…

Hi rump #auslaw, as near as I can tell, mutiple Australians (me, everyone at unimelb, various people aI asked) are blocked from various US state court websites, e.g. txcourts.gov. nccourts.gov. Seems like a security service provider issue?

@StuartJeffery_6 @jeremy_gans Haha yes, I saw that. And his extensive qualifications ... things that make you go hmmmmm houstonvotersguide.org/d-criminal-dis…

@MerchantJW @jeremy_gans And the plot thickens … The judge was Josh Hill, an elected judge, who is up for election, and won the Democrat primary, despite this ruling