Charter: A Course - A podcast about Canadian Constitutional Law & Litigation https://CharterACourse.podbean.com About the Series Charter: A Course is a podcast created by the David Asper Centre for Constitutional Rights (the Asper Centre) and hosted by the Asper Centre’s Executive Director Cheryl Milne. Charter: A Course focuses on Canadian constitutional law and litigation. In each episode, we highlight the accomplishments of U of T Law’s faculty and alumni involved in leading constitutional cases and issues. Each episode also includes a “Practice Corner,” where we talk about the ins and outs of what it means to be a constitutional litigator. Whether you are a law student, a lawyer, or just an interested person, we hope that you learn about an aspect of constitutional law and litigation that interests you in our podcast. Fri, 17 Jan 2025 06:07:46 -0500 https://podbean.com/?v=5.5 en ca Copyright 2021 All rights reserved. Education 1440 episodic About the Series Charter: A Course is a podcast created by the David Asper Centre for Constitutional Rights (the Asper Centre) and hosted by the Asper Centre’s Executive Director Cheryl Milne. Charter: A Course focuses on Canadian constitutional law and litigation. In each episode, we highlight the accomplishments of U of T Law’s faculty and alumni involved in leading constitutional cases and issues. Each episode also includes a “Practice Corner,” where we talk about the ins and outs of what it means to be a constitutional litigator. Whether you are a law student, a lawyer, or just an interested person, we hope that you learn about an aspect of constitutional law and litigation that interests you in our podcast. David Asper Center for Constitutional Rights David Asper Center for Constitutional Rights No false https://pbcdn1.podbean.com/imglogo/image-logo/12794146/Final_Podcast_Cover9c0da.png Charter: A Course - A podcast about Canadian Constitutional Law & Litigation https://CharterACourse.podbean.com 144 144 Season 4, Episode 7: Section 25 of the Charter and Dickson v Vuntut Gwitchin FN Season 4, Episode 7: Section 25 of the Charter and Dickson v Vuntut Gwitchin FN https://CharterACourse.podbean.com/e/season-4-episode-7-section-25-of-the-charter-and-dickson-v-vuntut-gwitchin-fn/ https://CharterACourse.podbean.com/e/season-4-episode-7-section-25-of-the-charter-and-dickson-v-vuntut-gwitchin-fn/#comments Fri, 17 Jan 2025 06:07:46 -0500 CharterACourse.podbean.com/47678ef9-e1be-39d1-a40e-98b36fa66cee A podcast about Canadian Constitutional Law & Litigation 

Season 4, Episode 7: Section 25 of the Charter and Dickson v Vuntut Gwitchin FN

This episode marks the second of a two-part series on Indigenous self-determination and its intersections with the Constitution and the Canadian Charter of Rights and Freedoms. 

This episode focuses on Section 25 of the Charter of Rights and Freedoms and the recent Supreme Court of Canada decision in Dickson v Vuntut Gwitchin First Nation. 

Section 25 guarantees that certain rights and freedoms in the Charter “shall not be construed so as to abrogate or derogate from any aboriginal, treaty or other rights or freedoms that pertain to the aboriginal peoples of Canada including: a) any rights or freedoms that have been recognized by the Royal Proclamation of October 7, 1763; and b) any rights or freedoms that now exist by way of land claim agreements or may be so acquired.”

In the first part of the episode, Cheryl speaks with Professor Kerry Wilkins to discuss the meaning of Section 25 of the Charter, its history, its recent application, and its intersection with the implementation of UNDRIP, the UN Declaration on the Rights of Indigenous Peoples in Canada. In the Practice Corner, Cheryl speaks with Indigenous rights lawyer Kris Statnyk, a citizen of the Vuntut Gwitchin FN about his legal practice and his experience representing the Vuntut Gwitchin FN in the Dickson appeal.

Find a FULL transcript of this episode HERE.

Case Links and other Resources

In this episode, the following cases, Declaration, book and paper were discussed/mentioned:

Dickson v. Vuntut Gwitchin First Nation, 2024 SCC 10

Kahkewistahaw First Nation v. Taypotat, 2015 SCC 30, [2015] 2 S.C.R. 548

Eldridge v. British Columbia (Attorney General), [1997] 3 S.C.R. 624

United Nations Declaration on the Rights of Indigenous Peoples

Indigenous Difference and the Constitution of Canada by Patrick Macklem (2001, U of T Press) Reference re An Act respecting First Nations, Inuit and Métis children, youth and families, 2024 SCC 5

Naiomi Metallic, "Checking our Attachment to the Charter and Respecting Indigenous Legal Orders: A Framework for Charter Application to Indigenous Governments" (2022) 31:2 Constitutional Forum constitutionnel 3

Truth and Reconciliation Commission of Canada: Calls to Action

About the Series  

Charter: A Course is a podcast created by the David Asper Centre for Constitutional Rights (the Asper Centre) and hosted by the Asper Centre’s Executive Director Cheryl Milne.  

Charter: A Course focuses on leading Canadian constitutional cases and current constitutional law issues, highlighting strategic aspects of constitutional litigation and exploring what it’s like to practice in this area of law in our Practice Corner segment.   

Whether you are a law student, a lawyer, or just an interested person, we hope that you learn about an aspect of constitutional law and litigation that interests you in our podcast. 

Thank You’s 

Thank you to our wonderful guests on this episode, Prof Kerry Wilkins and Kris Statnyk!

Thank you to University of Toronto Faculty of Law JD students Joshua Schwartz, Meg Zhang and Emma Blanchfield, who greatly assisted with the development and production of this episode. 

Thank you also to Flint Patterson, former Asper Centre podcast producer and JD at the University of Toronto Faculty of Law for initially proposing this episode topic (we just had to wait until the SCC issued its decision).

Thank you, as always, to our excellent audio editor Liam Morrison of Bell Room Media Solutions.  

Thank you to the creators of our theme music, Charter: A Course! Constitutional law professor Howie Kislowicz and law professor Rob Currie gave us the licence to use their constitutional law shanty in exchange for a donation to the Calgary Food Bank. The song’s performers are Vanessa Carroll, Rob Currie, Howie Kislowicz, Avinash Kowshik, Anna Lund, Patricia Paradis, Elin Sigurdson, Lyle Skinner, and Dave Wright. You can listen to the entire shanty here: Charter a Course.  Please consider contributing to your local food bank.  

]]> A podcast about Canadian Constitutional Law & Litigation 

Season 4, Episode 7: Section 25 of the Charter and Dickson v Vuntut Gwitchin FN

This episode marks the second of a two-part series on Indigenous self-determination and its intersections with the Constitution and the Canadian Charter of Rights and Freedoms. 

This episode focuses on Section 25 of the Charter of Rights and Freedoms and the recent Supreme Court of Canada decision in Dickson v Vuntut Gwitchin First Nation. 

Section 25 guarantees that certain rights and freedoms in the Charter “shall not be construed so as to abrogate or derogate from any aboriginal, treaty or other rights or freedoms that pertain to the aboriginal peoples of Canada including: a) any rights or freedoms that have been recognized by the Royal Proclamation of October 7, 1763; and b) any rights or freedoms that now exist by way of land claim agreements or may be so acquired.”

In the first part of the episode, Cheryl speaks with Professor Kerry Wilkins to discuss the meaning of Section 25 of the Charter, its history, its recent application, and its intersection with the implementation of UNDRIP, the UN Declaration on the Rights of Indigenous Peoples in Canada. In the Practice Corner, Cheryl speaks with Indigenous rights lawyer Kris Statnyk, a citizen of the Vuntut Gwitchin FN about his legal practice and his experience representing the Vuntut Gwitchin FN in the Dickson appeal.

Find a FULL transcript of this episode HERE.

Case Links and other Resources

In this episode, the following cases, Declaration, book and paper were discussed/mentioned:

Dickson v. Vuntut Gwitchin First Nation, 2024 SCC 10

Kahkewistahaw First Nation v. Taypotat, 2015 SCC 30, [2015] 2 S.C.R. 548

Eldridge v. British Columbia (Attorney General), [1997] 3 S.C.R. 624

United Nations Declaration on the Rights of Indigenous Peoples

Indigenous Difference and the Constitution of Canada by Patrick Macklem (2001, U of T Press)

Reference re An Act respecting First Nations, Inuit and Métis children, youth and families, 2024 SCC 5

Naiomi Metallic, "Checking our Attachment to the Charter and Respecting Indigenous Legal Orders: A Framework for Charter Application to Indigenous Governments" (2022) 31:2 Constitutional Forum constitutionnel 3

Truth and Reconciliation Commission of Canada: Calls to Action

About the Series  

Charter: A Course is a podcast created by the David Asper Centre for Constitutional Rights (the Asper Centre) and hosted by the Asper Centre’s Executive Director Cheryl Milne.  

Charter: A Course focuses on leading Canadian constitutional cases and current constitutional law issues, highlighting strategic aspects of constitutional litigation and exploring what it’s like to practice in this area of law in our Practice Corner segment.   

Whether you are a law student, a lawyer, or just an interested person, we hope that you learn about an aspect of constitutional law and litigation that interests you in our podcast. 

Thank You’s 

Thank you to our wonderful guests on this episode, Prof Kerry Wilkins and Kris Statnyk!

Thank you to University of Toronto Faculty of Law JD students Joshua Schwartz, Meg Zhang and Emma Blanchfield, who greatly assisted with the development and production of this episode. 

Thank you also to Flint Patterson, former Asper Centre podcast producer and JD at the University of Toronto Faculty of Law for initially proposing this episode topic (we just had to wait until the SCC issued its decision).

Thank you, as always, to our excellent audio editor Liam Morrison of Bell Room Media Solutions.  

Thank you to the creators of our theme music, Charter: A Course! Constitutional law professor Howie Kislowicz and law professor Rob Currie gave us the licence to use their constitutional law shanty in exchange for a donation to the Calgary Food Bank. The song’s performers are Vanessa Carroll, Rob Currie, Howie Kislowicz, Avinash Kowshik, Anna Lund, Patricia Paradis, Elin Sigurdson, Lyle Skinner, and Dave Wright. You can listen to the entire shanty here: Charter a Course.  Please consider contributing to your local food bank.  

]]> David Asper Center for Constitutional Rights false No 5016 4 7 full Season 4, Episode 6: Section 35 of the Constitution and Bill C-92 Reference Season 4, Episode 6: Section 35 of the Constitution and Bill C-92 Reference https://CharterACourse.podbean.com/e/season-4-episode-6-section-35-of-the-constitution-and-bill-c-92-reference/ https://CharterACourse.podbean.com/e/season-4-episode-6-section-35-of-the-constitution-and-bill-c-92-reference/#comments Fri, 10 Jan 2025 06:00:00 -0500 CharterACourse.podbean.com/68f07063-f25d-3227-ab35-956c1a189d05 This episode marks the first of a two-part series on Indigenous self-determination and its intersections with the Constitution and the Canadian Charter of Rights and Freedoms. 

This particular episode focuses on Section 35 of the Constitution Act, 1982, and what the recent Supreme Court Reference on Bill C-92, An Act respecting the First Nations, Inuit, and Métis Children, Youth, and Families means for Indigenous self-government and control over child welfare in Canada. 

In the first part of the episode, Cheryl speaks with Professor John Borrows, the Loveland Chair in Indigenous Law at the University of Toronto Faculty of Law on Section 35, the Bill C-92 Reference and recent advancements on Indigenous self-government. In the Practice Corner, Cheryl chats with lawyer Jessica Orkin, of Goldblatt Partners LLP, on the practical realities of putting forth a claim under Section 35.

Find a FULL transcript of this episode HERE.

Case Links and other Resources

In this episode, the following cases, Acts and report were discussed:

Delgamuukw v. British Columbia, [1997] 3 S.C.R. 1010

Tsilhqot’in Nation v. British Columbia, 2014 SCC 44, [2014] 2 S.C.R. 256

R v . Pamajewon, [1996] 2 S.C.R. 821

Reference re Secession of Quebec, [1998] 2 S.C.R. 217

United Nations Declaration on the Rights of Indigenous Peoples

Reference re An Act respecting First Nations, Inuit and Métis children, youth and families, 2024 SCC 5

An Act respecting First Nations, Inuit and Métis children, youth and families S.C. 2019, c.24

Truth and Reconciliation Commission of Canada: Calls to Action

About the Series  

Charter: A Course is a podcast created by the David Asper Centre for Constitutional Rights (the Asper Centre) and hosted by the Asper Centre’s Executive Director Cheryl Milne.  

Charter: A Course focuses on leading Canadian constitutional cases and current constitutional law issues, highlighting strategic aspects of constitutional litigation and exploring what it’s like to practice in this area of law in our Practice Corner segment.   

Whether you are a law student, a lawyer, or just an interested person, we hope that you learn about an aspect of constitutional law and litigation that interests you in our podcast. 

Thank You’s 

Thank you to our wonderful guests on this episode, Prof John Borrows and Jessica Orkin!

Thank you to University of Toronto Faculty of Law JD students Joshua Schwartz, Meg Zhang and Emma Blanchfield, who greatly assisted with the production of this episode. 

Thank you to our audio editor Liam Morrison of Bell Room Media Solutions.  

Thank you to the creators of our theme music, Charter: A Course! Constitutional law professor Howie Kislowicz and law professor Rob Currie gave us the licence to use their constitutional law shanty in exchange for a donation to the Calgary Food Bank. The song’s performers are Vanessa Carroll, Rob Currie, Howie Kislowicz, Avinash Kowshik, Anna Lund, Patricia Paradis, Elin Sigurdson, Lyle Skinner, and Dave Wright. You can listen to the entire shanty here: Charter a Course.  Please consider contributing to your local food bank.  

]]> Season 4, Episode 6: Section 35 of the Constitution and Bill C-92 Reference

This episode marks the first of a two-part series on Indigenous self-determination and its intersections with the Constitution and the Canadian Charter of Rights and Freedoms. 

This particular episode focuses on Section 35 of the Constitution Act, 1982, and what the recent Supreme Court Reference on Bill C-92, An Act respecting the First Nations, Inuit, and Métis Children, Youth, and Families means for Indigenous self-government and control over child welfare in Canada. 

In the first part of the episode, Cheryl speaks with Professor John Borrows, the Loveland Chair in Indigenous Law at the University of Toronto Faculty of Law on Section 35, the Bill C-92 Reference and recent advancements on Indigenous self-government. In the Practice Corner, Cheryl chats with lawyer Jessica Orkin, of Goldblatt Partners LLP, on the practical realities of putting forth a claim under Section 35.

Find a FULL transcript of this episode HERE.

Case Links and other Resources

In this episode, the following cases, Acts and report were discussed:

Delgamuukw v. British Columbia, [1997] 3 S.C.R. 1010

Tsilhqot’in Nation v. British Columbia, 2014 SCC 44, [2014] 2 S.C.R. 256

R v . Pamajewon, [1996] 2 S.C.R. 821

Reference re Secession of Quebec, [1998] 2 S.C.R. 217

United Nations Declaration on the Rights of Indigenous Peoples

Reference re An Act respecting First Nations, Inuit and Métis children, youth and families, 2024 SCC 5

An Act respecting First Nations, Inuit and Métis children, youth and families S.C. 2019, c.24

Truth and Reconciliation Commission of Canada: Calls to Action

About the Series  

Charter: A Course is a podcast created by the David Asper Centre for Constitutional Rights (the Asper Centre) and hosted by the Asper Centre’s Executive Director Cheryl Milne.  

Charter: A Course focuses on leading Canadian constitutional cases and current constitutional law issues, highlighting strategic aspects of constitutional litigation and exploring what it’s like to practice in this area of law in our Practice Corner segment.   

Whether you are a law student, a lawyer, or just an interested person, we hope that you learn about an aspect of constitutional law and litigation that interests you in our podcast. 

Thank You’s 

Thank you to our wonderful guests on this episode, Prof John Borrows and Jessica Orkin!

Thank you to University of Toronto Faculty of Law JD students Joshua Schwartz, Meg Zhang and Emma Blanchfield, who greatly assisted with the production of this episode. 

Thank you to our audio editor Liam Morrison of Bell Room Media Solutions.  

Thank you to the creators of our theme music, Charter: A Course! Constitutional law professor Howie Kislowicz and law professor Rob Currie gave us the licence to use their constitutional law shanty in exchange for a donation to the Calgary Food Bank. The song’s performers are Vanessa Carroll, Rob Currie, Howie Kislowicz, Avinash Kowshik, Anna Lund, Patricia Paradis, Elin Sigurdson, Lyle Skinner, and Dave Wright. You can listen to the entire shanty here: Charter a Course.  Please consider contributing to your local food bank.  

]]> David Asper Center for Constitutional Rights false No 3796 4 6 full S4E5: Section 32(1) of the Charter: Application to Quasi-Government Bodies S4E5: Section 32(1) of the Charter: Application to Quasi-Government Bodies https://CharterACourse.podbean.com/e/season-4-episode-5-section-321-of-the-charter-application-to-quasi-government-bodies/ https://CharterACourse.podbean.com/e/season-4-episode-5-section-321-of-the-charter-application-to-quasi-government-bodies/#comments Mon, 18 Nov 2024 06:00:00 -0500 CharterACourse.podbean.com/184cdd4e-efc2-3d3f-9529-4678666f92da This episode focuses on section 32(1) of the Canadian Charter of Rights and Freedoms, which says that the Charter applies to the Parliament and government of Canada in respect of all matters within the authority of Parliament and to the legislature and government of each province in respect of all matters within the authority of the legislature of each province.  With the help of our guest, Susan Ursel, who was the Asper Centre's Constitutional Litigator in Residence in 2018, we explore the Supreme Court’s approach to when and how the Charter applies to quasi-government bodies, such as school boards, universities, colleges and hospitals. And we discuss Susan’s experience representing the Asper Centre in its intervention in the York Region District School Board case. 

In the Practice Corner, Cheryl speaks with research lawyer Jennifer Taylor, who was a co-author of “Strengthening the Pillars: Report of the TMU External Review,” about the application of the Charter to university settings, looking at the values these institutions uphold, such as freedom of expression and academic freedom, which are similar to the Charter rights of freedom of expression and conscience.  

Find a FULL transcript of this episode HERE.

Case Links and other Resources

In this episode, the following cases and report were discussed:

McKinney v. University of Guelph, [1990] 3 S.C.R. 229

Douglas/Kwantlen Faculty Assn. v. Douglas College, [1990] 3 S.C.R. 570

University of Toronto (Governing Council) v. Doe et al. 2024 ONSC 3755

York Region District School Board v. Elementary Teachers’ Federation of Ontario, 2024 SCC 22

Doré v. Barreau du Québec, 2012 SCC 12, [2012] 1 S.C.R. 395

Eldridge v. British Columbia (Attorney General), [1997] 3 S.C.R. 624

Stoffman v. Vancouver General Hospital, [1990] 3 S.C.R. 483

Law Society of British Columbia v. Trinity Western University, 2018 SCC 32, [2018] 2 S.C.R. 293

Strengthening the Pillars: Report of the TMU External Review

Thank You’s 

Thank you to our wonderful guests on this episode, Susan Ursel and Jennifer Taylor!

Thank you to University of Toronto Faculty of Law JD student Leon Xu, who helped with the production of this episode. 

Thank you to our audio editor Liam Morrison of Bell Room Media Solutions.  

Thank you to the creators of our theme music, Charter: A Course! Constitutional law professor Howie Kislowicz and law professor Rob Currie gave us the licence to use their constitutional law shanty in exchange for a donation to the Calgary Food Bank. The song’s performers are Vanessa Carroll, Rob Currie, Howie Kislowicz, Avinash Kowshik, Anna Lund, Patricia Paradis, Elin Sigurdson, Lyle Skinner, and Dave Wright. You can listen to the entire shanty here: Charter a Course.  Please consider contributing to your local food bank.  

About the Series  

Charter: A Course is a podcast created by the David Asper Centre for Constitutional Rights (the Asper Centre) and hosted by the Asper Centre’s Executive Director Cheryl Milne.  

Charter: A Course focuses on leading Canadian constitutional cases and current constitutional law issues, highlighting strategic aspects of constitutional litigation and exploring what it’s like to practice in this area of law in our Practice Corner segment.   

Whether you are a law student, a lawyer, or just an interested person, we hope that you learn about an aspect of constitutional law and litigation that interests you in our podcast. 

]]> Season 4, Episode 5: Section 32(1) of the Charter: Application to Quasi-Government Bodies  

This episode focuses on section 32(1) of the Canadian Charter of Rights and Freedoms, which says that the Charter applies to the Parliament and government of Canada in respect of all matters within the authority of Parliament and to the legislature and government of each province in respect of all matters within the authority of the legislature of each province.  With the help of our guest, Susan Ursel, who was the Asper Centre's Constitutional Litigator in Residence in 2018, we explore the Supreme Court’s approach to when and how the Charter applies to quasi-government bodies, such as school boards, universities, colleges and hospitals. And we discuss Susan’s experience representing the Asper Centre in its intervention in the York Region District School Board case. 

In the Practice Corner, Cheryl speaks with research lawyer Jennifer Taylor, who was a co-author of “Strengthening the Pillars: Report of the TMU External Review,” about the application of the Charter to university settings, looking at the values these institutions uphold, such as freedom of expression and academic freedom, which are similar to the Charter rights of freedom of expression and conscience.  

Find a FULL transcript of this episode HERE.

Case Links and other Resources

In this episode, the following cases and report were discussed:

McKinney v. University of Guelph, [1990] 3 S.C.R. 229

Douglas/Kwantlen Faculty Assn. v. Douglas College, [1990] 3 S.C.R. 570

University of Toronto (Governing Council) v. Doe et al. 2024 ONSC 3755

York Region District School Board v. Elementary Teachers’ Federation of Ontario, 2024 SCC 22

Doré v. Barreau du Québec, 2012 SCC 12, [2012] 1 S.C.R. 395

Eldridge v. British Columbia (Attorney General), [1997] 3 S.C.R. 624

Stoffman v. Vancouver General Hospital, [1990] 3 S.C.R. 483

Law Society of British Columbia v. Trinity Western University, 2018 SCC 32, [2018] 2 S.C.R. 293

Strengthening the Pillars: Report of the TMU External Review

Thank You’s 

Thank you to our wonderful guests on this episode, Susan Ursel and Jennifer Taylor!

Thank you to University of Toronto Faculty of Law JD student Leon Xu, who helped with the production of this episode. 

Thank you to our audio editor Liam Morrison of Bell Room Media Solutions.  

Thank you to the creators of our theme music, Charter: A Course! Constitutional law professor Howie Kislowicz and law professor Rob Currie gave us the licence to use their constitutional law shanty in exchange for a donation to the Calgary Food Bank. The song’s performers are Vanessa Carroll, Rob Currie, Howie Kislowicz, Avinash Kowshik, Anna Lund, Patricia Paradis, Elin Sigurdson, Lyle Skinner, and Dave Wright. You can listen to the entire shanty here: Charter a Course.  Please consider contributing to your local food bank.  

About the Series  

Charter: A Course is a podcast created by the David Asper Centre for Constitutional Rights (the Asper Centre) and hosted by the Asper Centre’s Executive Director Cheryl Milne.  

Charter: A Course focuses on leading Canadian constitutional cases and current constitutional law issues, highlighting strategic aspects of constitutional litigation and exploring what it’s like to practice in this area of law in our Practice Corner segment.   

Whether you are a law student, a lawyer, or just an interested person, we hope that you learn about an aspect of constitutional law and litigation that interests you in our podcast. 

]]> David Asper Center for Constitutional Rights false No 3815 4 5 full S4E4: Charter Applicability to Non-Citizens S4E4: Charter Applicability to Non-Citizens https://CharterACourse.podbean.com/e/season-4-episode-4-charter-applicability-to-non-citizens/ https://CharterACourse.podbean.com/e/season-4-episode-4-charter-applicability-to-non-citizens/#comments Mon, 11 Nov 2024 06:02:18 -0500 CharterACourse.podbean.com/05dbc11e-01f2-3983-a4c6-5f60d59decdf Season 4, Episode 4: Charter Applicability to Non-Citizens  

About the Series  

Charter: A Course is a podcast created by the David Asper Centre for Constitutional Rights (the Asper Centre) and hosted by the Asper Centre’s Executive Director Cheryl Milne.  

Charter: A Course focuses on leading Canadian constitutional cases and current constitutional law issues, highlighting strategic aspects of constitutional litigation and exploring what it’s like to practice in this area of law in our Practice Corner segment.   

Whether you are a law student, a lawyer, or just an interested person, we hope that you learn about an aspect of constitutional law and litigation that interests you in our podcast. 

Show Notes  

Who has rights under the Charter of Rights and Freedoms? While the Charter is intended to protect everyone in Canada equally, many believe that non-citizens have not benefited from such coverage. Refugees, new immigrants, permanent residents, and other non-citizens have often faced significant hurdles in Canada, with some instances amounting to a direct violation of their constitutional rights. Is Canada capable of deporting non-citizens who pose a threat to national security, even if such individuals would likely be tortured upon returning to their country of origin? Is this an affront to their Section 7 guarantee to life, liberty and security? How do courts balance international human rights requirements with Charter rights when dealing with non-citizens, if at all? These are some of the difficult questions covered in this episode, with the help of our guest, Professor Audrey Macklin.

In the Practice Corner, Cheryl is joined by Prasanna Balasundaram, the Director of U of T Faculty of Law’s Downtown Legal Services. Using his legal experience fighting for non-citizens, we examine the real-world challenges that lawyers face when representing these clients.

Find a FULL transcript of this episode HERE.

Case Links and other Resources

In this episode, the following cases and international treaty were mentioned/discussed:

Singh v. Minister of Employment and Immigration, [1985] 1 S.C.R. 177

Andrews v. Law Society of British Columbia, [1989] 1 S.C.R. 143

Canada (Minister of Employment and Immigration) v. Chiarelli, [1992] 1 S.C.R. 711

Mason v. Canada (Citizenship and Immigration), 2023 SCC 21

Canadian Council for Refugees v. Canada (Citizenship and Immigration), 2023 SCC 17

Suresh v. Canada (Minister of Citizenship and Immigration), [2002] 1 S.C.R. 3, 2002 SCC 1

Saadi v Italy, European Court of Human Rights

1951 UN Convention and Protocol Relating to the Status of Refugees

Slepcsik v. Canada (Minister of Citizenship and Immigration), Federal Court of Canada

Thank You’s 

Thank you to our wonderful guests on this episode, Audrey Macklin and Prasanna Balasundaram!

Thank you to University of Toronto Faculty of Law JD student Vlad Mirel, who helped with the background research and production of this episode. 

Thank you to our audio editor Liam Morrison of Bell Room Media Solutions.  

Thank you to the creators of our theme music, Charter: A Course! Constitutional law professor Howie Kislowicz and law professor Rob Currie gave us the licence to use their constitutional law shanty in exchange for a donation to the Calgary Food Bank. The song’s performers are Vanessa Carroll, Rob Currie, Howie Kislowicz, Avinash Kowshik, Anna Lund, Patricia Paradis, Elin Sigurdson, Lyle Skinner, and Dave Wright. You can listen to the entire shanty here: Charter a Course.  Please consider contributing to your local food bank.  

]]> Season 4, Episode 4: Charter Applicability to Non-Citizens  

About the Series  

Charter: A Course is a podcast created by the David Asper Centre for Constitutional Rights (the Asper Centre) and hosted by the Asper Centre’s Executive Director Cheryl Milne.  

Charter: A Course focuses on leading Canadian constitutional cases and current constitutional law issues, highlighting strategic aspects of constitutional litigation and exploring what it’s like to practice in this area of law in our Practice Corner segment.   

Whether you are a law student, a lawyer, or just an interested person, we hope that you learn about an aspect of constitutional law and litigation that interests you in our podcast. 

Show Notes  

Who has rights under the Charter of Rights and Freedoms? While the Charter is intended to protect everyone in Canada equally, many believe that non-citizens have not benefited from such coverage. Refugees, new immigrants, permanent residents, and other non-citizens have often faced significant hurdles in Canada, with some instances amounting to a direct violation of their constitutional rights. Is Canada capable of deporting non-citizens who pose a threat to national security, even if such individuals would likely be tortured upon returning to their country of origin? Is this an affront to their Section 7 guarantee to life, liberty and security? How do courts balance international human rights requirements with Charter rights when dealing with non-citizens, if at all? These are some of the difficult questions covered in this episode, with the help of our guest, Professor Audrey Macklin.

In the Practice Corner, Cheryl is joined by Prasanna Balasundaram, the Director of U of T Faculty of Law’s Downtown Legal Services. Using his legal experience fighting for non-citizens, we examine the real-world challenges that lawyers face when representing these clients.

Find a FULL transcript of this episode HERE.

Case Links and other Resources

In this episode, the following cases and international treaty were mentioned/discussed:

Singh v. Minister of Employment and Immigration, [1985] 1 S.C.R. 177

Andrews v. Law Society of British Columbia, [1989] 1 S.C.R. 143

Canada (Minister of Employment and Immigration) v. Chiarelli, [1992] 1 S.C.R. 711

Mason v. Canada (Citizenship and Immigration), 2023 SCC 21

Canadian Council for Refugees v. Canada (Citizenship and Immigration), 2023 SCC 17

Suresh v. Canada (Minister of Citizenship and Immigration), [2002] 1 S.C.R. 3, 2002 SCC 1

Saadi v Italy, European Court of Human Rights

1951 UN Convention and Protocol Relating to the Status of Refugees

Slepcsik v. Canada (Minister of Citizenship and Immigration), Federal Court of Canada

Thank You’s 

Thank you to our wonderful guests on this episode, Audrey Macklin and Prasanna Balasundaram!

Thank you to University of Toronto Faculty of Law JD student Vlad Mirel, who helped with the background research and production of this episode. 

Thank you to our audio editor Liam Morrison of Bell Room Media Solutions.  

Thank you to the creators of our theme music, Charter: A Course! Constitutional law professor Howie Kislowicz and law professor Rob Currie gave us the licence to use their constitutional law shanty in exchange for a donation to the Calgary Food Bank. The song’s performers are Vanessa Carroll, Rob Currie, Howie Kislowicz, Avinash Kowshik, Anna Lund, Patricia Paradis, Elin Sigurdson, Lyle Skinner, and Dave Wright. You can listen to the entire shanty here: Charter a Course.  Please consider contributing to your local food bank.  

]]> David Asper Center for Constitutional Rights false No 5036 4 4 full S4E3: Section 12 of the Charter S4E3: Section 12 of the Charter https://CharterACourse.podbean.com/e/season-4-episode-3-section-12-of-the-charter/ https://CharterACourse.podbean.com/e/season-4-episode-3-section-12-of-the-charter/#comments Mon, 04 Nov 2024 06:21:26 -0500 CharterACourse.podbean.com/374055c2-0eec-33df-a5b4-94571c41712d A podcast about Canadian Constitutional Law & Litigation 

Season 4, Episode 3: Section 12 of the Charter  

About the Series  

Charter: A Course is a podcast created by the David Asper Centre for Constitutional Rights (the Asper Centre) and hosted by the Asper Centre’s Executive Director Cheryl Milne.  

Charter: A Course focuses on leading Canadian constitutional cases and current constitutional law issues, highlighting strategic aspects of constitutional litigation and exploring what it’s like to practice in this area of law in our Practice Corner segment.   

Whether you are a law student, a lawyer, or just an interested person, we hope that you learn about an aspect of constitutional law and litigation that interests you in our podcast. 

Show Notes  

This episode focuses on Section 12 of the Canadian Charter of Rights and Freedoms, which provides that everyone has the right not to be subjected to any cruel and unusual treatment or punishment. Joining Cheryl to discuss the most significant jurisprudence and application of Section 12 is Professor Lisa Kerr, an associate professor and the director of the criminal law group at Queen's University Faculty of Law, who has worked and researched extensively in the fields of sentencing and prison law. 

In the Practice Corner, Cheryl is joined by Catherine Latimer, the Executive Director of the John Howard Society of Canada since 2011, the current President of the National Associations Active in Criminal Justice and a member of the Order of Canada. Ms. Latimer discusses how the John Howard Society of Canada’s efforts to reform administrative segregation in Canada have been pursued through various types of advocacy, including litigation and participation in the legislative process. 

Find a FULL transcript of this episode HERE.

Case Links and other Resources

In this episode, the following cases, papers, Bill and reports were mentioned/discussed:

United States v. Burns, [2001] 1 S.C.R. 283, 2001 SCC 7

R. v. Bissonnette, 2022 SCC 23

Quebec (Attorney General) v. 9147-0732 Québec inc., 2020 SCC 32, [2020] 3 S.C.R. 426

R. v. Hills, 2023 SCC 2

R. v. Smith, [1987] 1 S.C.R. 1045

R. v. Nur, 2015 SCC 15, [2015] 1 S.C.R. 773

R. v. Hilbach, 2023 SCC 3

R. v. Bertrand Marchand, 2023 SCC 26

R. v. Gladue, [1999] 1 S.C.R. 688

Lisa Kerr and Benjamin Berger, “Methods and Severity: The Two Tracks of Section 12” (2020), 94 S.C.L.R. (2d) 235

British Columbia Civil Liberties Association v. Canada (Attorney General), 2019 BCCA 228 (CanLII)

Canadian Civil Liberties Association v. Canada, 2019 ONCA 342 (CanLII)

Boudreault, 2018 SCC 58, [2018] 3 S.C.R. 599

Ashley Smith Coroner’s Report (final verdict) 

Bill C-83 An Act to amend the Corrections and Conditional Release Act and another Act (Royal Assent)

Charter Rights and Structured Intervention Units: Have Rights Abuses of Administrative Segregation Been Corrected? Report by the John Howard Society and the Asper Centre

The Doob Sprott Reports on Structure Intervention Units. 

Thank You’s 

Thank you to our wonderful guests on this episode, Professor Lisa Kerr and Catherine Latimer.

Thank you to University of Toronto Faculty of Law JD student Kate Shackleton, who helped with the background research and development of this episode. 

Thank you to our audio editor Liam Morrison of Bell Room Media Solutions.  

Thank you to the creators of our theme music, Charter: A Course! Constitutional law professor Howie Kislowicz and law professor Rob Currie gave us the licence to use their constitutional law shanty in exchange for a donation to the Calgary Food Bank. The song’s performers are Vanessa Carroll, Rob Currie, Howie Kislowicz, Avinash Kowshik, Anna Lund, Patricia Paradis, Elin Sigurdson, Lyle Skinner, and Dave Wright. You can listen to the entire shanty here: Charter a Course.  Please consider contributing to your local food bank.  

]]> A podcast about Canadian Constitutional Law & Litigation 

Season 4, Episode 3: Section 12 of the Charter  

About the Series  

Charter: A Course is a podcast created by the David Asper Centre for Constitutional Rights (the Asper Centre) and hosted by the Asper Centre’s Executive Director Cheryl Milne.  

Charter: A Course focuses on leading Canadian constitutional cases and current constitutional law issues, highlighting strategic aspects of constitutional litigation and exploring what it’s like to practice in this area of law in our Practice Corner segment.   

Whether you are a law student, a lawyer, or just an interested person, we hope that you learn about an aspect of constitutional law and litigation that interests you in our podcast. 

Show Notes  

This episode focuses on Section 12 of the Canadian Charter of Rights and Freedoms, which provides that everyone has the right not to be subjected to any cruel and unusual treatment or punishment. Joining Cheryl to discuss the most significant jurisprudence and application of Section 12 is Professor Lisa Kerr, an associate professor and the director of the criminal law group at Queen's University Faculty of Law, who has worked and researched extensively in the fields of sentencing and prison law. 

In the Practice Corner, Cheryl is joined by Catherine Latimer, the Executive Director of the John Howard Society of Canada since 2011, the current President of the National Associations Active in Criminal Justice and a member of the Order of Canada. Ms. Latimer discusses how the John Howard Society of Canada’s efforts to reform administrative segregation in Canada have been pursued through various types of advocacy, including litigation and participation in the legislative process. 

Find a FULL transcript of this episode HERE.

Case Links and other Resources

In this episode, the following cases, papers, Bill and reports were mentioned/discussed:

United States v. Burns, [2001] 1 S.C.R. 283, 2001 SCC 7

R. v. Bissonnette, 2022 SCC 23

Quebec (Attorney General) v. 9147-0732 Québec inc., 2020 SCC 32, [2020] 3 S.C.R. 426

R. v. Hills, 2023 SCC 2

R. v. Smith, [1987] 1 S.C.R. 1045

R. v. Nur, 2015 SCC 15, [2015] 1 S.C.R. 773

R. v. Hilbach, 2023 SCC 3

R. v. Bertrand Marchand, 2023 SCC 26

R. v. Gladue, [1999] 1 S.C.R. 688

Lisa Kerr and Benjamin Berger, “Methods and Severity: The Two Tracks of Section 12” (2020), 94 S.C.L.R. (2d) 235

British Columbia Civil Liberties Association v. Canada (Attorney General), 2019 BCCA 228 (CanLII)

Canadian Civil Liberties Association v. Canada, 2019 ONCA 342 (CanLII)

Boudreault, 2018 SCC 58, [2018] 3 S.C.R. 599

Ashley Smith Coroner’s Report (final verdict) 

Bill C-83 An Act to amend the Corrections and Conditional Release Act and another Act (Royal Assent)

Charter Rights and Structured Intervention Units: Have Rights Abuses of Administrative Segregation Been Corrected? Report by the John Howard Society and the Asper Centre

The Doob Sprott Reports on Structure Intervention Units. 

Thank You’s 

Thank you to our wonderful guests on this episode, Professor Lisa Kerr and Catherine Latimer.

Thank you to University of Toronto Faculty of Law JD student Kate Shackleton, who helped with the background research and development of this episode. 

Thank you to our audio editor Liam Morrison of Bell Room Media Solutions.  

Thank you to the creators of our theme music, Charter: A Course! Constitutional law professor Howie Kislowicz and law professor Rob Currie gave us the licence to use their constitutional law shanty in exchange for a donation to the Calgary Food Bank. The song’s performers are Vanessa Carroll, Rob Currie, Howie Kislowicz, Avinash Kowshik, Anna Lund, Patricia Paradis, Elin Sigurdson, Lyle Skinner, and Dave Wright. You can listen to the entire shanty here: Charter a Course.  Please consider contributing to your local food bank.  

]]> David Asper Center for Constitutional Rights false No 5388 4 3 full S4E2: Practice Corner Episode on Criminal Law Remedies S4E2: Practice Corner Episode on Criminal Law Remedies https://CharterACourse.podbean.com/e/season-4-episode-2-practice-corner-episode-on-criminal-law-remedies/ https://CharterACourse.podbean.com/e/season-4-episode-2-practice-corner-episode-on-criminal-law-remedies/#comments Mon, 28 Oct 2024 06:15:35 -0400 CharterACourse.podbean.com/1c07fa21-7f43-360c-b4fe-18725b5e6eeb Season 4, Episode 2: Practice Corner Episode on Criminal Law Remedies  

About the Series   

Charter: A Course is a podcast created by the David Asper Centre for Constitutional Rights (the Asper Centre) and hosted by the Asper Centre’s Executive Director Cheryl Milne.  

Charter: A Course focuses on leading Canadian constitutional cases and current constitutional law issues, highlighting strategic aspects of constitutional litigation and exploring what it’s like to practice in this area of law in our Practice Corner segment.   

Whether you are a law student, a lawyer, or just an interested person, we hope that you learn about an aspect of constitutional law and litigation that interests you in our podcast. 

Show Notes  

Our regular listeners will know that we normally include a “Practice Corner” in every episode, where Cheryl chats with a seasoned lawyer about practical aspects of litigation related to the main segment’s topic. We decided to release the originally-planned practice corner (that is paired with last week’s episode on Constitutional Remedies with Kent Roach) as a fully separate Practice Corner episode as it turned out to be a fantastic master class in Charter remedies in criminal law by lawyer Megan Savard. 

Megan is a partner at Savard Foy LLP, where she practices criminal, constitutional and regulatory law. In this episode, she covers everything about the different criminal law remedies available, including strategies in deciding what Charter remedies to pursue for clients, from exclusion of evidence obtained by Charter breach to stays of proceedings. 

We recommend that you listen to Professor Kent Roach's episode from last week for a background understanding of the range of Charter provisions that govern the granting of remedies where a court makes a finding of unconstitutionality. 

Find a FULL transcript of this episode HERE.

Case Links 

In this episode, the following cases were mentioned/discussed:

R. v. Stinchcombe, [1991] 3 S.C.R. 326

R. v. .Jordan, 2016 SCC 27, [2016] 1 S.C.R. 631

R. v. Warren, 2024 ONSC 2785 (CanLII)

Thank You’s 

Thank you to our wonderful guest on this episode, Megan Savard!

Thank you to University of Toronto Faculty of Law JD student Kate Shackleton, who helped with the production of this episode. 

Thank you to our audio editor Liam Morrison of Bell Room Media Solutions.  

Thank you to the creators of our theme music, Charter: A Course! Constitutional law professor Howie Kislowicz and law professor Rob Currie gave us the licence to use their constitutional law shanty in exchange for a donation to the Calgary Food Bank. The song’s performers are Vanessa Carroll, Rob Currie, Howie Kislowicz, Avinash Kowshik, Anna Lund, Patricia Paradis, Elin Sigurdson, Lyle Skinner, and Dave Wright. You can listen to the entire shanty here: Charter a Course.  Please consider contributing to your local food bank.  

 

]]> Season 4, Episode 2: Practice Corner Episode on Criminal Law Remedies  

About the Series   

Charter: A Course is a podcast created by the David Asper Centre for Constitutional Rights (the Asper Centre) and hosted by the Asper Centre’s Executive Director Cheryl Milne.  

Charter: A Course focuses on leading Canadian constitutional cases and current constitutional law issues, highlighting strategic aspects of constitutional litigation and exploring what it’s like to practice in this area of law in our Practice Corner segment.   

Whether you are a law student, a lawyer, or just an interested person, we hope that you learn about an aspect of constitutional law and litigation that interests you in our podcast. 

Show Notes  

Our regular listeners will know that we normally include a “Practice Corner” in every episode, where Cheryl chats with a seasoned lawyer about practical aspects of litigation related to the main segment’s topic. We decided to release the originally-planned practice corner (that is paired with last week’s episode on Constitutional Remedies with Kent Roach) as a fully separate Practice Corner episode as it turned out to be a fantastic master class in Charter remedies in criminal law by lawyer Megan Savard. 

Megan is a partner at Savard Foy LLP, where she practices criminal, constitutional and regulatory law. In this episode, she covers everything about the different criminal law remedies available, including strategies in deciding what Charter remedies to pursue for clients, from exclusion of evidence obtained by Charter breach to stays of proceedings. 

We recommend that you listen to Professor Kent Roach's episode from last week for a background understanding of the range of Charter provisions that govern the granting of remedies where a court makes a finding of unconstitutionality. 

Find a FULL transcript of this episode HERE.

Case Links 

In this episode, the following cases were mentioned/discussed:

R. v. Stinchcombe, [1991] 3 S.C.R. 326

R. v. .Jordan, 2016 SCC 27, [2016] 1 S.C.R. 631

R. v. Warren, 2024 ONSC 2785 (CanLII)

Thank You’s 

Thank you to our wonderful guest on this episode, Megan Savard!

Thank you to University of Toronto Faculty of Law JD student Kate Shackleton, who helped with the production of this episode. 

Thank you to our audio editor Liam Morrison of Bell Room Media Solutions.  

Thank you to the creators of our theme music, Charter: A Course! Constitutional law professor Howie Kislowicz and law professor Rob Currie gave us the licence to use their constitutional law shanty in exchange for a donation to the Calgary Food Bank. The song’s performers are Vanessa Carroll, Rob Currie, Howie Kislowicz, Avinash Kowshik, Anna Lund, Patricia Paradis, Elin Sigurdson, Lyle Skinner, and Dave Wright. You can listen to the entire shanty here: Charter a Course.  Please consider contributing to your local food bank.  

 

]]> David Asper Center for Constitutional Rights false No 2940 4 2 full S4E1: Constitutional Remedies S4E1: Constitutional Remedies https://CharterACourse.podbean.com/e/season-4-episode-1-constitutional-remedies/ https://CharterACourse.podbean.com/e/season-4-episode-1-constitutional-remedies/#comments Mon, 21 Oct 2024 06:55:38 -0400 CharterACourse.podbean.com/b812740d-b6ef-3e72-9ea7-4fb075525e71 A podcast about Canadian Constitutional Law & Litigation  

Season 4, Episode 1: Constitutional Remedies  

About the Series  

Charter: A Course is a podcast created by the David Asper Centre for Constitutional Rights (the Asper Centre) and hosted by the Asper Centre’s Executive Director Cheryl Milne.  

Charter: A Course focuses on leading Canadian constitutional cases and current constitutional law issues, highlighting strategic aspects of constitutional litigation and exploring what it’s like to practice in this area of law in our Practice Corner segment.   

Whether you are a law student, a lawyer, or just an interested person, we hope that you learn about an aspect of constitutional law and litigation that interests you in our podcast. 

Show Notes  

This episode focuses on Constitutional Remedies in Canada. With the help of our esteemed guest Professor Kent Roach, we will be discussing the various remedies that a court can order when it finds that a law or action is unconstitutional, in order to rectify the constitutional violation.  

For our regular listeners, please note that this episode’s “Practice Corner,” which features criminal defense lawyer Megan Savard, will drop as a separate full episode next week, as Season 4’s Episode 2. Check it out soon!

Find a FULL transcript of this episode HERE.

Case Links and other Resources

In this episode, the following cases, books and papers were discussed:

La Rose v. Canada, 2023 FCA 241 (CanLII)

R v.Big M Drug Mart Ltd., [1985] 1 S.C.R. 295

British Columbia (Attorney General) v Council of Canadians with Disabilities, 2022 SCC 27

Canada (Attorney General) v. Downtown Eastside Sex Workers United Against Violence Society, 2012 SCC 45, [2012] 2 S.C.R. 524Re Manitoba Language Rights, [1985] 1 S.C.R. 721 

Carter v. Canada (Attorney General), 2015 SCC 5, [2015] 1 S.C.R. 331

Ontario (Attorney General) v. G, 2020 SCC 38, [2020] 3 S.C.R. 629

R v Albashir, 2021 SCC 48, [2021] 3 S.C.R. 531

R v. Seaboyer; R. v.Gayme, [1991] 2 S.C.R. 577

Vriend v. Alberta, [1998] 1 S.C.R. 493

Doucet-Boudreau v. Nova Scotia (Minister of Education), [2003] 3 S.C.R. 3, 2003 SCC 62

Little Sisters Book and Art Emporium v. Canada (Minister of Justice), [2000] 2 S.C.R. 1120

Vancouver (City) v. Ward, 2010 SCC 27, [2010] 2 S.C.R. 28

Mackin v. New Brunswick (Minister of Finance); Rice v. New Brunswick, [2002] 1 S.C.R. 405, 2002 SCC 13

Canada (Attorney General) v. Power, 2024 SCC 26

Thomas v. Rio Tinto Alcan Inc., 2024 BCCA 62

Ontario (Attorney General) v. Restoule, 2024 SCC 27

Roach, Kent Remedies for Human Rights Violations (Cambridge University Press, 2021)  

Roach, Kent Constitutional Remedies in Canada (Thomson Reuters, 2017-)

Roach, Kent “A Promising Late Spring for Charter Damages: Ward v Vancouver (2011)” National Journal of Constitutional Law 145-167

Schenk, Adam “Ward by the Numbers: Application of the Seminal Decision on Charter Damages” (2024) 45 NJCL 55 (available via Westlaw).

About the Asper Centre  

The Asper Centre, a part of the University of Toronto’s Faculty of Law since 2008, is devoted to realizing constitutional rights through advocacy, research and education. The Centre aims to play a vital role in articulating Canada’s constitutional vision to the broader world. The cornerstone of the Centre is a legal clinic that brings together students, faculty and members of the bar to work on significant constitutional cases and advocacy initiatives. The Centre was established through a generous gift from U of T law alumnus David Asper (LLM ’07).  

Thank You’s 

Thank you to our guest on this episode, Professor Kent Roach. 

Thank you to University of Toronto Faculty of Law JD student Kate Shackleton, who helped with the production of this episode. 

Thank you to our audio editor Liam Morrison of Bell Room Media Solutions.  

Thank you to the creators of our theme music, “Charter a Course”, Constitutional law professor Howie Kislowicz and law professor Rob Currie gave us the licence to use their constitutional law shanty in exchange for a donation to the Calgary Food Bank. The song’s performers are Vanessa Carroll, Rob Currie, Howie Kislowicz, Avinash Kowshik, Anna Lund, Patricia Paradis, Elin Sigurdson, Lyle Skinner, and Dave Wright. You can listen to the entire shanty here: Charter a Course.  Please consider contributing to your local food bank.  

]]> A podcast about Canadian Constitutional Law & Litigation  

Season 4, Episode 1: Constitutional Remedies  

About the Series  

Charter: A Course is a podcast created by the David Asper Centre for Constitutional Rights (the Asper Centre) and hosted by the Asper Centre’s Executive Director Cheryl Milne.  

Charter: A Course focuses on leading Canadian constitutional cases and current constitutional law issues, highlighting strategic aspects of constitutional litigation and exploring what it’s like to practice in this area of law in our Practice Corner segment.   

Whether you are a law student, a lawyer, or just an interested person, we hope that you learn about an aspect of constitutional law and litigation that interests you in our podcast. 

Show Notes  

This episode focuses on Constitutional Remedies in Canada. With the help of our esteemed guest Professor Kent Roach, we will be discussing the various remedies that a court can order when it finds that a law or action is unconstitutional, in order to rectify the constitutional violation.  

For our regular listeners, please note that this episode’s “Practice Corner,” which features criminal defense lawyer Megan Savard, will drop as a separate full episode next week, as Season 4’s Episode 2. Check it out soon!

Find a FULL transcript of this episode HERE.

Case Links and other Resources

In this episode, the following cases, books and papers were discussed:

La Rose v. Canada, 2023 FCA 241 (CanLII)

R v.Big M Drug Mart Ltd., [1985] 1 S.C.R. 295

British Columbia (Attorney General) v Council of Canadians with Disabilities, 2022 SCC 27

Canada (Attorney General) v. Downtown Eastside Sex Workers United Against Violence Society, 2012 SCC 45, [2012] 2 S.C.R. 524Re Manitoba Language Rights, [1985] 1 S.C.R. 721 

Carter v. Canada (Attorney General), 2015 SCC 5, [2015] 1 S.C.R. 331

Ontario (Attorney General) v. G, 2020 SCC 38, [2020] 3 S.C.R. 629

R v Albashir, 2021 SCC 48, [2021] 3 S.C.R. 531

R v. Seaboyer; R. v.Gayme, [1991] 2 S.C.R. 577

Vriend v. Alberta, [1998] 1 S.C.R. 493

Doucet-Boudreau v. Nova Scotia (Minister of Education), [2003] 3 S.C.R. 3, 2003 SCC 62

Little Sisters Book and Art Emporium v. Canada (Minister of Justice), [2000] 2 S.C.R. 1120

Vancouver (City) v. Ward, 2010 SCC 27, [2010] 2 S.C.R. 28

Mackin v. New Brunswick (Minister of Finance); Rice v. New Brunswick, [2002] 1 S.C.R. 405, 2002 SCC 13

Canada (Attorney General) v. Power, 2024 SCC 26

Thomas v. Rio Tinto Alcan Inc., 2024 BCCA 62

Ontario (Attorney General) v. Restoule, 2024 SCC 27

Roach, Kent Remedies for Human Rights Violations (Cambridge University Press, 2021)  

Roach, Kent Constitutional Remedies in Canada (Thomson Reuters, 2017-)

Roach, Kent “A Promising Late Spring for Charter Damages: Ward v Vancouver (2011)” National Journal of Constitutional Law 145-167

Schenk, Adam “Ward by the Numbers: Application of the Seminal Decision on Charter Damages” (2024) 45 NJCL 55 (available via Westlaw).

About the Asper Centre  

The Asper Centre, a part of the University of Toronto’s Faculty of Law since 2008, is devoted to realizing constitutional rights through advocacy, research and education. The Centre aims to play a vital role in articulating Canada’s constitutional vision to the broader world. The cornerstone of the Centre is a legal clinic that brings together students, faculty and members of the bar to work on significant constitutional cases and advocacy initiatives. The Centre was established through a generous gift from U of T law alumnus David Asper (LLM ’07).  

Thank You’s 

Thank you to our guest on this episode, Professor Kent Roach. 

Thank you to University of Toronto Faculty of Law JD student Kate Shackleton, who helped with the production of this episode. 

Thank you to our audio editor Liam Morrison of Bell Room Media Solutions.  

Thank you to the creators of our theme music, “Charter a Course”, Constitutional law professor Howie Kislowicz and law professor Rob Currie gave us the licence to use their constitutional law shanty in exchange for a donation to the Calgary Food Bank. The song’s performers are Vanessa Carroll, Rob Currie, Howie Kislowicz, Avinash Kowshik, Anna Lund, Patricia Paradis, Elin Sigurdson, Lyle Skinner, and Dave Wright. You can listen to the entire shanty here: Charter a Course.  Please consider contributing to your local food bank.  

]]> David Asper Center for Constitutional Rights false No 3340 4 1 full S3E5: Asper Centre 15th Anniversary S3E5: Asper Centre 15th Anniversary https://CharterACourse.podbean.com/e/episode-5-asper-centre-15th-anniversary/ https://CharterACourse.podbean.com/e/episode-5-asper-centre-15th-anniversary/#comments Fri, 08 Dec 2023 05:00:00 -0500 CharterACourse.podbean.com/be582dd8-567d-3e3c-afcd-ddee5c151bc9 About the Series 

Charter: A Course is a podcast created by the David Asper Centre for Constitutional Rights (the Asper Centre) and hosted by the Asper Centre’s Executive Director Cheryl Milne. 

Charter: A Course focuses on leading Canadian constitutional cases and current constitutional law issues, highlighting strategic aspects of constitutional litigation and exploring what it’s like to practice in this area of law in our Practice Corner segment. 

Whether you are a law student, a lawyer, or just an interested person, we hope that you learn about an aspect of constitutional law and litigation that interests you in our podcast. 

Show Notes 

This final episode of Season 3 is a special episode, which departs from our usual style and focus in each regular episode on a different Canadian Constitutional law issue or Charter right. 

The Asper Centre recently marked its 15th anniversary and to celebrate, we convened a live recording of this podcast, with the “tables turned” to start, and with several special guests. 

In the first half of the episode, U of T Law’s Dean Jutta Brunnée interviews our podcast host and Asper Centre Executive Director, Cheryl Milne. And, in the second half of the podcast, the Asper Centre’s current Constitutional Litigator in Residence, Ewa Krajewska interviews the following Asper Centre alumni, who discuss their experiences with the Asper Centre and their current legal practices: Neil Abraham (JD 2016), Geetha Phillipupulai (JD 2017), Keely Kinley (JD 2021), and Ryan Deshpande (JD 2021), who is counsel in the Litigation, Extradition, and Advisory Division at the Toronto office of the Department of Justice Canada. 

Listen to this episode to learn more about the breadth of work that the Asper Centre has undertaken over the past 15 years and its vision for the future. 

Find a FULL transcript of this episode HERE. 

Case Links and other Resources 

In this episode, the following cases in which the Asper Centre has intervened and Annual Report were discussed: 

Asper Centre 2022-2023 ANNUAL REPORT 

R. v. Conway, 2010 SCC 22, [2010] 1 S.C.R. 765

Canada (Attorney General) v. Bedford, 2013 SCC 72, [2013] 3 S.C.R. 1101 

Carter v. Canada (Attorney General), 2015 SCC 5, [2015] 1 S.C.R. 331 

Ontario (Attorney General) v. G, 2020 SCC 38, [2020] 3 S.C.R. 629 

Canadian Council for Refugees v. Canada (Citizenship and Immigration), 2023 SCC 17 

R. v. McGregor, 2023 SCC 4 

R. v. Hape, [2007] 2 S.C.R. 292, 2007 SCC 26 

Mathur v Ontario 

Attorney General of Canada v. Joseph Power 

Her Majesty the Queen v Kevin Morris 

About the Asper Centre 

The Asper Centre, a part of the University of Toronto’s Faculty of Law since 2008, is devoted to realizing constitutional rights through advocacy, research and education. The Centre aims to play a vital role in articulating Canada’s constitutional vision to the broader world. The cornerstone of the Centre is a legal clinic that brings together students, faculty and members of the bar to work on significant constitutional cases and advocacy initiatives. The Centre was established through a generous gift from U of T law alumnus David Asper (LLM ’07). 

Thank You’s 

Thank you to our wonderful guests and special “guest-hosts” on this episode: Dean Jutta Brunée, Ewa Krajewska, Neil Abraham, Geetha Phillipupulai, Keely Kinley and Ryan Deshpande. 

Thank you for the audio recording services of U of T’s Media Production Services. And, thank you to our wonderful audio editor Liam Morrison of Bell Room Media Solutions. 

Thank you to the creators of our theme music, Charter: A Course! During the pre-production of our first season of the podcast in 2021, Constitutional law professor Howie Kislowicz and law professor Rob Currie gave us the licence to use their constitutional law shanty in exchange for a donation to the Calgary Food Bank. The song’s performers are Vanessa Carroll, Rob Currie, Howie Kislowicz, Avinash Kowshik, Anna Lund, Patricia Paradis, Elin Sigurdson, Lyle Skinner, and Dave Wright. You can listen to the entire shanty here: Charter a Course. Please consider contributing to your local food bank. 

As always, thank you to our dedicated listeners! 

]]> About the Series 

Charter: A Course is a podcast created by the David Asper Centre for Constitutional Rights (the Asper Centre) and hosted by the Asper Centre’s Executive Director Cheryl Milne. 

Charter: A Course focuses on leading Canadian constitutional cases and current constitutional law issues, highlighting strategic aspects of constitutional litigation and exploring what it’s like to practice in this area of law in our Practice Corner segment. 

Whether you are a law student, a lawyer, or just an interested person, we hope that you learn about an aspect of constitutional law and litigation that interests you in our podcast. 

Show Notes 

This final episode of Season 3 is a special episode, which departs from our usual style and focus in each regular episode on a different Canadian Constitutional law issue or Charter right. 

The Asper Centre recently marked its 15th anniversary and to celebrate, we convened a live recording of this podcast, with the “tables turned” to start, and with several special guests. 

In the first half of the episode, U of T Law’s Dean Jutta Brunnée interviews our podcast host and Asper Centre Executive Director, Cheryl Milne. And, in the second half of the podcast, the Asper Centre’s current Constitutional Litigator in Residence, Ewa Krajewska interviews the following Asper Centre alumni, who discuss their experiences with the Asper Centre and their current legal practices: Neil Abraham (JD 2016), Geetha Phillipupulai (JD 2017), Keely Kinley (JD 2021), and Ryan Deshpande (JD 2021), who is counsel in the Litigation, Extradition, and Advisory Division at the Toronto office of the Department of Justice Canada. 

Listen to this episode to learn more about the breadth of work that the Asper Centre has undertaken over the past 15 years and its vision for the future. 

Find a FULL transcript of this episode HERE. 

Case Links and other Resources 

In this episode, the following cases in which the Asper Centre has intervened and Annual Report were discussed: 

Asper Centre 2022-2023 ANNUAL REPORT 

R. v. Conway, 2010 SCC 22, [2010] 1 S.C.R. 765

Canada (Attorney General) v. Bedford, 2013 SCC 72, [2013] 3 S.C.R. 1101 

Carter v. Canada (Attorney General), 2015 SCC 5, [2015] 1 S.C.R. 331 

Ontario (Attorney General) v. G, 2020 SCC 38, [2020] 3 S.C.R. 629 

Canadian Council for Refugees v. Canada (Citizenship and Immigration), 2023 SCC 17 

R. v. McGregor, 2023 SCC 4 

R. v. Hape, [2007] 2 S.C.R. 292, 2007 SCC 26 

Mathur v Ontario 

Attorney General of Canada v. Joseph Power 

Her Majesty the Queen v Kevin Morris 

About the Asper Centre 

The Asper Centre, a part of the University of Toronto’s Faculty of Law since 2008, is devoted to realizing constitutional rights through advocacy, research and education. The Centre aims to play a vital role in articulating Canada’s constitutional vision to the broader world. The cornerstone of the Centre is a legal clinic that brings together students, faculty and members of the bar to work on significant constitutional cases and advocacy initiatives. The Centre was established through a generous gift from U of T law alumnus David Asper (LLM ’07). 

Thank You’s 

Thank you to our wonderful guests and special “guest-hosts” on this episode: Dean Jutta Brunée, Ewa Krajewska, Neil Abraham, Geetha Phillipupulai, Keely Kinley and Ryan Deshpande. 

Thank you for the audio recording services of U of T’s Media Production Services. And, thank you to our wonderful audio editor Liam Morrison of Bell Room Media Solutions. 

Thank you to the creators of our theme music, Charter: A Course! During the pre-production of our first season of the podcast in 2021, Constitutional law professor Howie Kislowicz and law professor Rob Currie gave us the licence to use their constitutional law shanty in exchange for a donation to the Calgary Food Bank. The song’s performers are Vanessa Carroll, Rob Currie, Howie Kislowicz, Avinash Kowshik, Anna Lund, Patricia Paradis, Elin Sigurdson, Lyle Skinner, and Dave Wright. You can listen to the entire shanty here: Charter a Course. Please consider contributing to your local food bank. 

As always, thank you to our dedicated listeners! 

]]> David Asper Center for Constitutional Rights false No 3743 3 5 full S3E4: Section 6 of the Charter S3E4: Section 6 of the Charter https://CharterACourse.podbean.com/e/section-6-of-the-charter-mobility-rights/ https://CharterACourse.podbean.com/e/section-6-of-the-charter-mobility-rights/#comments Fri, 10 Nov 2023 04:59:00 -0500 CharterACourse.podbean.com/4bff7f43-6793-3218-a742-c16e3192f27a About the Series  

Charter: A Course is a podcast created by the David Asper Centre for Constitutional Rights (the Asper Centre) and hosted by the Asper Centre’s Executive Director Cheryl Milne. 

Charter: A Course focuses on leading Canadian constitutional cases and current constitutional law issues, highlighting strategic aspects of constitutional litigation and exploring what it’s like to practice in this area of law in our Practice Corner segment.   

Whether you are a law student, a lawyer, or just an interested person, we hope that you learn about an aspect of constitutional law and litigation that interests you in our podcast. 

Show Notes  

This episode focuses on mobility rights in Canada. Mobility rights are enshrined in section 6 of the Charter of Rights and Freedoms and include the right to individual mobility, as well as the right to economic mobility, such as the right to pursue a livelihood in any province. 

This episode will focus on individual mobility and the fundamental rights to enter, remain, move throughout, and leave Canada. 

To help us unpack the meaning and extent of mobility rights under the Charter, we are joined by our guests Barbara Jackman and Paul Champ in the “Practice Corner.” 

Find a FULL transcript of this episode HERE.

Case Links and other Resources

In this episode, the following cases, factum and paper were discussed:

Kamel v Canada (Attorney General) et al.. (2013) 448 N.R. 217 (FCA) (link to Supreme Court docket for leave to appeal, but Court denied leave)

Abdelrazik v. Canada (Minister of Foreign Affairs) (F.C.)

United States of America v. Cotroni [1989] 1 SCR 1469

Divito v. Canada (Public Safety and Emergency Preparedness) 2013 SCC 47

Canada v. Boloh 1(A), 2023 FCA 60 (CanLII)

Taylor v. Newfoundland and Labrador, 2020 NLSC 125 (CanLII)

About the Asper Centre  

The Asper Centre, a part of the University of Toronto’s Faculty of Law since 2008, is devoted to realizing constitutional rights through advocacy, research and education. The Centre aims to play a vital role in articulating Canada’s constitutional vision to the broader world. The cornerstone of the Centre is a legal clinic that brings together students, faculty and members of the bar to work on significant constitutional cases and advocacy initiatives. The Centre was established through a generous gift from U of T law alumnus David Asper (LLM ’07).  

Thank You’s 

Thank you to our wonderful guests on this episode, Barbara Jackman and Paul Champ!

Thank you to University of Toronto Faculty of Law JD student Daniel Kiesman, who helped with the production of this episode. 

Thank you to our audio editor Liam Morrison of Bell Room Media Solutions.  

Thank you to the creators of our theme music, Charter: A Course! Constitutional law professor Howie Kislowicz and law professor Rob Currie gave us the licence to use their constitutional law shanty in exchange for a donation to the Calgary Food Bank. The song’s performers are Vanessa Carroll, Rob Currie, Howie Kislowicz, Avinash Kowshik, Anna Lund, Patricia Paradis, Elin Sigurdson, Lyle Skinner, and Dave Wright. You can listen to the entire shanty here: Charter a Course.  Please consider contributing to your local food bank.  

Thank you to our dedicated listeners!

]]> About the Series  

Charter: A Course is a podcast created by the David Asper Centre for Constitutional Rights (the Asper Centre) and hosted by the Asper Centre’s Executive Director Cheryl Milne. 

Charter: A Course focuses on leading Canadian constitutional cases and current constitutional law issues, highlighting strategic aspects of constitutional litigation and exploring what it’s like to practice in this area of law in our Practice Corner segment.   

Whether you are a law student, a lawyer, or just an interested person, we hope that you learn about an aspect of constitutional law and litigation that interests you in our podcast. 

Show Notes  

This episode focuses on mobility rights in Canada. Mobility rights are enshrined in section 6 of the Charter of Rights and Freedoms and include the right to individual mobility, as well as the right to economic mobility, such as the right to pursue a livelihood in any province. 

This episode will focus on individual mobility and the fundamental rights to enter, remain, move throughout, and leave Canada. 

To help us unpack the meaning and extent of mobility rights under the Charter, we are joined by our guests Barbara Jackman and Paul Champ in the “Practice Corner.” 

Find a FULL transcript of this episode HERE.

Case Links and other Resources

In this episode, the following cases, factum and paper were discussed:

Kamel v Canada (Attorney General) et al.. (2013) 448 N.R. 217 (FCA) (link to Supreme Court docket for leave to appeal, but Court denied leave)

Abdelrazik v. Canada (Minister of Foreign Affairs) (F.C.)

United States of America v. Cotroni [1989] 1 SCR 1469

Divito v. Canada (Public Safety and Emergency Preparedness) 2013 SCC 47

Canada v. Boloh 1(A), 2023 FCA 60 (CanLII)

Taylor v. Newfoundland and Labrador, 2020 NLSC 125 (CanLII)

About the Asper Centre  

The Asper Centre, a part of the University of Toronto’s Faculty of Law since 2008, is devoted to realizing constitutional rights through advocacy, research and education. The Centre aims to play a vital role in articulating Canada’s constitutional vision to the broader world. The cornerstone of the Centre is a legal clinic that brings together students, faculty and members of the bar to work on significant constitutional cases and advocacy initiatives. The Centre was established through a generous gift from U of T law alumnus David Asper (LLM ’07).  

Thank You’s 

Thank you to our wonderful guests on this episode, Barbara Jackman and Paul Champ!

Thank you to University of Toronto Faculty of Law JD student Daniel Kiesman, who helped with the production of this episode. 

Thank you to our audio editor Liam Morrison of Bell Room Media Solutions.  

Thank you to the creators of our theme music, Charter: A Course! Constitutional law professor Howie Kislowicz and law professor Rob Currie gave us the licence to use their constitutional law shanty in exchange for a donation to the Calgary Food Bank. The song’s performers are Vanessa Carroll, Rob Currie, Howie Kislowicz, Avinash Kowshik, Anna Lund, Patricia Paradis, Elin Sigurdson, Lyle Skinner, and Dave Wright. You can listen to the entire shanty here: Charter a Course.  Please consider contributing to your local food bank.  

Thank you to our dedicated listeners!

]]> David Asper Center for Constitutional Rights false No 3552 3 4 full S3E3: Charter Values S3E3: Charter Values https://CharterACourse.podbean.com/e/charter-values/ https://CharterACourse.podbean.com/e/charter-values/#comments Fri, 27 Oct 2023 05:15:00 -0400 CharterACourse.podbean.com/b64902bf-14b0-3181-a5f8-da3f1c4976bb About the Series  

Charter: A Course is a podcast created by the David Asper Centre for Constitutional Rights (the Asper Centre) and hosted by the Asper Centre’s Executive Director Cheryl Milne.  

Charter: A Course focuses on leading Canadian constitutional cases and current constitutional law issues, highlighting strategic aspects of constitutional litigation and exploring what it’s like to practice in this area of law in our Practice Corner segment.   

Whether you are a law student, a lawyer, or just an interested person, we hope that you learn about an aspect of constitutional law and litigation that interests you in our podcast. 

Show Notes  

This episode focuses on Charter values, which in recent years have gained some traction in Canadian law. With the help of our guest, Prof Richard Stacey, we examine how courts have sought to define Charter values and in what judicial context they arise. We explore when courts are obligated to consider these values and consider the challenges associated with doing so. 

In this episode’s Practice Corner, we speak with lawyer Matthew Horner, on his experiences of practicing in the area of administrative law, where Charter values sometimes find their home.

Find a FULL transcript of this episode HERE.

Case Links and other Resources

In this episode, the following cases, factum and paper were discussed:

R v. Oakes, [1986] 1 S.C.R. 103

Reference re Secession of Quebec, [1998] 2 S.C.R. 217

Toronto (City) v. Ontario (Attorney General), 2021 SCC 34

Doré v. Barreau du Québec, 2012 SCC 12, [2012] 1 S.C.R. 395

Loyola High School v. Quebec (Attorney General), 2015 SCC 12, [2015] 1 S.C.R. 613

Law Society of British Columbia v. Trinity Western University, 2018 SCC 32, [2018] 2 S.C.R. 293

Carter v. Canada (Attorney General), 2015 SCC 5, [2015] 1 S.C.R. 331

R. v .Keegstra, [1990] 3 S.C.R. 697

RJR-MacDonald Inc. v. Canada (Attorney General) [1995] 3 S.C.R.

York Region District School Board v. Elementary Teachers' Federation of Ontario

Canada (Minister of Citizenship and Immigration) v. Vavilov, 2019 SCC 65, [2019] 4 S.C.R. 653

Dunsmuir v. New Brunswick, [2008] 1 S.C.R. 190, 2008 SCC 9

Taylor-Baptiste v. Ontario Public Service Employees Union, 2013 Carswell Ont 1033, 2013 HRTO 180, 2013 C.L.L.C. 230-019 (CanLII)

Ontario Teacher Candidates’ Council v. The Queen, 2021 ONSC 7386 (CanLII)

Horner, Matthew. "Charter Values: The Uncanny Valley of Canadian Constitutionalism." The Supreme Court Law Review: Osgoode’s Annual Constitutional Cases Conference 67. (2014). DOI: https://doi.org/10.60082/2563-8505.1293

About the Asper Centre  

The Asper Centre, a part of the University of Toronto’s Faculty of Law since 2008, is devoted to realizing constitutional rights through advocacy, research and education. The Centre aims to play a vital role in articulating Canada’s constitutional vision to the broader world. The cornerstone of the Centre is a legal clinic that brings together students, faculty and members of the bar to work on significant constitutional cases and advocacy initiatives. The Centre was established through a generous gift from U of T law alumnus David Asper (LLM ’07).  

Thank You’s 

Thank you to our wonderful guests on this episode, Professor Richard Stacey and Matthew Horner!

Thank you to University of Toronto Faculty of Law JD student Gabrielle Dunning, who helped with the production of this episode. 

Thank you to our audio editor Liam Morrison of Bell Room Media Solutions.  

Thank you to the creators of our theme music, Charter: A Course! Constitutional law professor Howie Kislowicz and law professor Rob Currie gave us the licence to use their constitutional law shanty in exchange for a donation to the Calgary Food Bank. The song’s performers are Vanessa Carroll, Rob Currie, Howie Kislowicz, Avinash Kowshik, Anna Lund, Patricia Paradis, Elin Sigurdson, Lyle Skinner, and Dave Wright. You can listen to the entire shanty here: Charter a Course.  Please consider contributing to your local food bank.  

Thank you to our dedicated listeners!

]]> About the Series  

Charter: A Course is a podcast created by the David Asper Centre for Constitutional Rights (the Asper Centre) and hosted by the Asper Centre’s Executive Director Cheryl Milne.  

Charter: A Course focuses on leading Canadian constitutional cases and current constitutional law issues, highlighting strategic aspects of constitutional litigation and exploring what it’s like to practice in this area of law in our Practice Corner segment.   

Whether you are a law student, a lawyer, or just an interested person, we hope that you learn about an aspect of constitutional law and litigation that interests you in our podcast. 

Show Notes  

This episode focuses on Charter values, which in recent years have gained some traction in Canadian law. With the help of our guest, Prof Richard Stacey, we examine how courts have sought to define Charter values and in what judicial context they arise. We explore when courts are obligated to consider these values and consider the challenges associated with doing so. 

In this episode’s Practice Corner, we speak with lawyer Matthew Horner, on his experiences of practicing in the area of administrative law, where Charter values sometimes find their home.

Find a FULL transcript of this episode HERE.

Case Links and other Resources

In this episode, the following cases, factum and paper were discussed:

R v. Oakes, [1986] 1 S.C.R. 103

Reference re Secession of Quebec, [1998] 2 S.C.R. 217

Toronto (City) v. Ontario (Attorney General), 2021 SCC 34

Doré v. Barreau du Québec, 2012 SCC 12, [2012] 1 S.C.R. 395

Loyola High School v. Quebec (Attorney General), 2015 SCC 12, [2015] 1 S.C.R. 613

Law Society of British Columbia v. Trinity Western University, 2018 SCC 32, [2018] 2 S.C.R. 293

Carter v. Canada (Attorney General), 2015 SCC 5, [2015] 1 S.C.R. 331

R. v .Keegstra, [1990] 3 S.C.R. 697

RJR-MacDonald Inc. v. Canada (Attorney General) [1995] 3 S.C.R.

York Region District School Board v. Elementary Teachers' Federation of Ontario

Canada (Minister of Citizenship and Immigration) v. Vavilov, 2019 SCC 65, [2019] 4 S.C.R. 653

Dunsmuir v. New Brunswick, [2008] 1 S.C.R. 190, 2008 SCC 9

Taylor-Baptiste v. Ontario Public Service Employees Union, 2013 Carswell Ont 1033, 2013 HRTO 180, 2013 C.L.L.C. 230-019 (CanLII)

Ontario Teacher Candidates’ Council v. The Queen, 2021 ONSC 7386 (CanLII)

Horner, Matthew. "Charter Values: The Uncanny Valley of Canadian Constitutionalism." The Supreme Court Law Review: Osgoode’s Annual Constitutional Cases Conference 67. (2014). DOI: https://doi.org/10.60082/2563-8505.1293

About the Asper Centre  

The Asper Centre, a part of the University of Toronto’s Faculty of Law since 2008, is devoted to realizing constitutional rights through advocacy, research and education. The Centre aims to play a vital role in articulating Canada’s constitutional vision to the broader world. The cornerstone of the Centre is a legal clinic that brings together students, faculty and members of the bar to work on significant constitutional cases and advocacy initiatives. The Centre was established through a generous gift from U of T law alumnus David Asper (LLM ’07).  

Thank You’s 

Thank you to our wonderful guests on this episode, Professor Richard Stacey and Matthew Horner!

Thank you to University of Toronto Faculty of Law JD student Gabrielle Dunning, who helped with the production of this episode. 

Thank you to our audio editor Liam Morrison of Bell Room Media Solutions.  

Thank you to the creators of our theme music, Charter: A Course! Constitutional law professor Howie Kislowicz and law professor Rob Currie gave us the licence to use their constitutional law shanty in exchange for a donation to the Calgary Food Bank. The song’s performers are Vanessa Carroll, Rob Currie, Howie Kislowicz, Avinash Kowshik, Anna Lund, Patricia Paradis, Elin Sigurdson, Lyle Skinner, and Dave Wright. You can listen to the entire shanty here: Charter a Course.  Please consider contributing to your local food bank.  

Thank you to our dedicated listeners!

]]> David Asper Center for Constitutional Rights false No 4296 3 3 full S3E2: Language Rights S3E2: Language Rights https://CharterACourse.podbean.com/e/language-rights/ https://CharterACourse.podbean.com/e/language-rights/#comments Fri, 13 Oct 2023 01:00:00 -0400 CharterACourse.podbean.com/9ab24da2-6331-320b-b989-4d0601c14d75 About the Series   

Charter: A Course is a podcast created by the David Asper Centre for Constitutional Rights (the Asper Centre) and hosted by the Asper Centre’s Executive Director Cheryl Milne.   

 Charter: A Course focuses on leading Canadian constitutional cases and current constitutional law issues, highlighting strategic aspects of constitutional litigation and exploring what it’s like to practice in this area of law in our Practice Corner segment.    

Whether you are a law student, a lawyer, or just an interested person, we hope that you learn about an aspect of constitutional law and litigation that interests you in our podcast.  

Show Notes   

With the help of Professor François Larocque, in this episode we explore how the Charter interacts with and protects minority language rights. 

Sections 16 to 22 of the Charter provide that the settler languages of English and French are the official languages of Canada. They also explain how various public institutions are required to communicate with Canadians in the official language of their choice. Section 23 of the Charter provides that Canadian citizens and their children have the right to be educated in either English or French. In addition, sections 2(b) and 15 of the Charter may also protect language rights more broadly by guaranteeing freedom of expression and equality.  

In this episode’s Practice Corner, we speak with lawyer Aria Laskin, who provides an overview of how Indigenous minority languages interact with the Charter and Section 35 of our Constitution. 

Find a FULL transcript of this episode HERE. 

Case Links and other Resources 

In this episode, the following cases and laws were discussed: 

Société des Acadiens v. Association of Parents, [1986] 1 S.C.R. 549

Conseil Scolaire francophone de la Colombie-Britannique v. British Columbia, 2020 SCC 13, [2020] 1 S.C.R. 678

Mahe v. Alberta, [1990] 1 S.C.R. 342

Doucet-Boudreau v. Nova Scotia (Minister of Education), [2003] 3 S.C.R. 3, 2003 SCC 62

Arsenault-Cameron v. Prince Edward Island, [2000] 1 S.C.R. 3

Newfoundland (Treasury Board) v. N.A.P.E., [2004] 3 S.C.R. 381, 2004 SCC 66

Bill C-13: An Act to amend the Official Languages Act, to enact the Use of French in Federally Regulated Private Businesses Act and to make related amendments to other Acts

Lalonde v. Health Restructuring (2001), 153 O.A.C. 1 (CA) (the “Montfort Hospital case”)

Mazraani v. Industrial Alliance Insurance and Financial Services Inc., 2018 SCC 50, [2018] 3 S.C.R. 261

Indigenous Languages Act S.C. 2019, c. 23

The Nunavut Agreement

Nunavut Tungavik, Inc., v. the Commissioner of Nunavut >> Read the public notice of this case here: https://www.tunngavik.com/news/nti-files-lawsuit-against-gn-for-violating-equality-rights-of-inuit-children-and-youth/

Eldridge v. British Columbia (Attorney General), [1997] 3 S.C.R. 624

About the Asper Centre   

The Asper Centre, a part of the University of Toronto’s Faculty of Law since 2008, is devoted to realizing constitutional rights through advocacy, research and education. The Centre aims to play a vital role in articulating Canada’s constitutional vision to the broader world. The cornerstone of the Centre is a legal clinic that brings together students, faculty and members of the bar to work on significant constitutional cases and advocacy initiatives. The Centre was established through a generous gift from U of T law alumnus David Asper (LLM ’07).     

Thank You’s  

Thank you to our wonderful guests on this episode, Professor Francois Larocque and Ara Laskin! 

Thank you to University of Toronto Faculty of Law JD student Emma Davies who helped with the production of this episode.  

Thank you to our audio editor Liam Morrison of Bell Room Media Solutions.   

Thank you to the creators of our podcast's theme music, Charter: A Course! Constitutional law professor Howie Kislowicz and law professor Rob Currie gave us the licence to use their constitutional law shanty in exchange for a donation to the Calgary Food Bank. The song’s performers are Vanessa Carroll, Rob Currie, Howie Kislowicz, Avinash Kowshik, Anna Lund, Patricia Paradis, Elin Sigurdson, Lyle Skinner, and Dave Wright. You can listen to the entire shanty here: Charter a Course.  Please consider contributing to your local food bank.   

Thank you to our dedicated listeners! 

]]> About the Series   

Charter: A Course is a podcast created by the David Asper Centre for Constitutional Rights (the Asper Centre) and hosted by the Asper Centre’s Executive Director Cheryl Milne.   

 Charter: A Course focuses on leading Canadian constitutional cases and current constitutional law issues, highlighting strategic aspects of constitutional litigation and exploring what it’s like to practice in this area of law in our Practice Corner segment.    

Whether you are a law student, a lawyer, or just an interested person, we hope that you learn about an aspect of constitutional law and litigation that interests you in our podcast.  

Show Notes   

With the help of Professor François Larocque, in this episode we explore how the Charter interacts with and protects minority language rights. 

Sections 16 to 22 of the Charter provide that the settler languages of English and French are the official languages of Canada. They also explain how various public institutions are required to communicate with Canadians in the official language of their choice. Section 23 of the Charter provides that Canadian citizens and their children have the right to be educated in either English or French. In addition, sections 2(b) and 15 of the Charter may also protect language rights more broadly by guaranteeing freedom of expression and equality.  

In this episode’s Practice Corner, we speak with lawyer Aria Laskin, who provides an overview of how Indigenous minority languages interact with the Charter and Section 35 of our Constitution. 

Find a FULL transcript of this episode HERE. 

Case Links and other Resources 

In this episode, the following cases and laws were discussed: 

Société des Acadiens v. Association of Parents, [1986] 1 S.C.R. 549

Conseil Scolaire francophone de la Colombie-Britannique v. British Columbia, 2020 SCC 13, [2020] 1 S.C.R. 678

Mahe v. Alberta, [1990] 1 S.C.R. 342

Doucet-Boudreau v. Nova Scotia (Minister of Education), [2003] 3 S.C.R. 3, 2003 SCC 62

Arsenault-Cameron v. Prince Edward Island, [2000] 1 S.C.R. 3

Newfoundland (Treasury Board) v. N.A.P.E., [2004] 3 S.C.R. 381, 2004 SCC 66

Bill C-13: An Act to amend the Official Languages Act, to enact the Use of French in Federally Regulated Private Businesses Act and to make related amendments to other Acts

Lalonde v. Health Restructuring (2001), 153 O.A.C. 1 (CA) (the “Montfort Hospital case”)

Mazraani v. Industrial Alliance Insurance and Financial Services Inc., 2018 SCC 50, [2018] 3 S.C.R. 261

Indigenous Languages Act S.C. 2019, c. 23

The Nunavut Agreement

Nunavut Tungavik, Inc., v. the Commissioner of Nunavut >> Read the public notice of this case here: https://www.tunngavik.com/news/nti-files-lawsuit-against-gn-for-violating-equality-rights-of-inuit-children-and-youth/

Eldridge v. British Columbia (Attorney General), [1997] 3 S.C.R. 624

About the Asper Centre   

The Asper Centre, a part of the University of Toronto’s Faculty of Law since 2008, is devoted to realizing constitutional rights through advocacy, research and education. The Centre aims to play a vital role in articulating Canada’s constitutional vision to the broader world. The cornerstone of the Centre is a legal clinic that brings together students, faculty and members of the bar to work on significant constitutional cases and advocacy initiatives. The Centre was established through a generous gift from U of T law alumnus David Asper (LLM ’07).     

Thank You’s  

Thank you to our wonderful guests on this episode, Professor Francois Larocque and Ara Laskin! 

Thank you to University of Toronto Faculty of Law JD student Emma Davies who helped with the production of this episode.  

Thank you to our audio editor Liam Morrison of Bell Room Media Solutions.   

Thank you to the creators of our podcast's theme music, Charter: A Course! Constitutional law professor Howie Kislowicz and law professor Rob Currie gave us the licence to use their constitutional law shanty in exchange for a donation to the Calgary Food Bank. The song’s performers are Vanessa Carroll, Rob Currie, Howie Kislowicz, Avinash Kowshik, Anna Lund, Patricia Paradis, Elin Sigurdson, Lyle Skinner, and Dave Wright. You can listen to the entire shanty here: Charter a Course.  Please consider contributing to your local food bank.   

Thank you to our dedicated listeners! 

]]> David Asper Center for Constitutional Rights false No 5534 3 2 full S3E1: Bail and Section 11(e) of the Charter S3E1: Bail and Section 11(e) of the Charter https://CharterACourse.podbean.com/e/bail-and-section-11e-of-the-charter/ https://CharterACourse.podbean.com/e/bail-and-section-11e-of-the-charter/#comments Fri, 29 Sep 2023 07:12:49 -0400 CharterACourse.podbean.com/333b035a-2adc-3ba9-96b3-495846923e2f Charter: A Course is a podcast created by the David Asper Centre for Constitutional Rights (the Asper Centre) and hosted by the Asper Centre’s Executive Director Cheryl Milne.  

Charter: A Course focuses on leading Canadian constitutional cases and current constitutional law issues, highlighting strategic aspects of constitutional litigation and exploring what it’s like to practice in this area of law in our Practice Corner segment.   

Whether you are a law student, a lawyer, or just an interested person, we hope that you learn about an aspect of constitutional law and litigation that interests you in our podcast. 

Show Notes  

This episode focuses on section 11(e) of the Canadian Charter of Rights and Freedoms, which provides that “any person charged with an offence has the right…not to be denied reasonable bail without just cause.” 

With the help of our guests Professor Danardo Jones and Professor Jillian Rogin, in this episode, we discuss what bail is, exploring the idea of the ladder principle as discussed by the Supreme Court in the case of R v Antic, and the government’s legislative response to that case. We also discuss the current political discourse surrounding bail reform, and whether the federal Liberal government’s new bail reform legislation, Bill C-48, is compliant with the Charter.  Professor Jones and Rogin of the University of Windsor Faculty of Law have both been actively involved in political and academic discourse surrounding bail in Canada, having recently appeared before the House of Commons Justice Committee to discuss the state of Canada’s bail system.

In this episode’s Practice Corner, we speak with lawyer Teodora Pasca who will take us through what it’s like in Bail Court and what happens in a typical bail hearing. 

Find a FULL transcript of this episode HERE.

Case Links and other Resources

In this episode, the following cases, bills, and report were discussed:

 R. v. Antic, 2017 SCC 27 (CanLII), [2017] 1 SCR 509

Canadian Civil Liberties Association 2014 report “Set Up to Fail: Bail and the Revolving Door of Pre-trial Detention.” 

Bill-75, An Act to amend the Criminal Code…

Bill C-48, An Act of Amend the Criminal Code (Bail Reform)

R. v. Morales, 1992 CanLII 53 (SCC), [1992] 3 SCR 711

R. v. Pearson, 1992 CanLII 52 (SCC), [1992] 3 SCR 665

About the Asper Centre  

The Asper Centre, a part of the University of Toronto’s Faculty of Law since 2008, is devoted to realizing constitutional rights through advocacy, research and education. The Centre aims to play a vital role in articulating Canada’s constitutional vision to the broader world. The cornerstone of the Centre is a legal clinic that brings together students, faculty and members of the bar to work on significant constitutional cases and advocacy initiatives. The Centre was established through a generous gift from U of T law alumnus David Asper (LLM ’07).  

Thank You’s 

Thank you to our wonderful guests on this episode, Danardo Jones, Jilian Rogin and Teodora Pasca!

Thank you to University of Toronto Faculty of Law JD student Emily Chu, who helped with the production of this episode. 

Thank you to our audio editor Liam Morrison of Bell Room Media Solutions.  

Thank you to the creators of our theme music, Charter: A Course! Constitutional law professor Howie Kislowicz and law professor Rob Currie gave us the licence to use their constitutional law shanty in exchange for a donation to the Calgary Food Bank. The song’s performers are Vanessa Carroll, Rob Currie, Howie Kislowicz, Avinash Kowshik, Anna Lund, Patricia Paradis, Elin Sigurdson, Lyle Skinner, and Dave Wright. You can listen to the entire shanty here: Charter a Course.  Please consider contributing to your local food bank.  

Thank you to our dedicated listeners!

]]> Charter: A Course is a podcast created by the David Asper Centre for Constitutional Rights (the Asper Centre) and hosted by the Asper Centre’s Executive Director Cheryl Milne.  

Charter: A Course focuses on leading Canadian constitutional cases and current constitutional law issues, highlighting strategic aspects of constitutional litigation and exploring what it’s like to practice in this area of law in our Practice Corner segment.   

Whether you are a law student, a lawyer, or just an interested person, we hope that you learn about an aspect of constitutional law and litigation that interests you in our podcast. 

Show Notes  

This episode focuses on section 11(e) of the Canadian Charter of Rights and Freedoms, which provides that “any person charged with an offence has the right…not to be denied reasonable bail without just cause.” 

With the help of our guests Professor Danardo Jones and Professor Jillian Rogin, in this episode, we discuss what bail is, exploring the idea of the ladder principle as discussed by the Supreme Court in the case of R v Antic, and the government’s legislative response to that case. We also discuss the current political discourse surrounding bail reform, and whether the federal Liberal government’s new bail reform legislation, Bill C-48, is compliant with the Charter.  Professor Jones and Rogin of the University of Windsor Faculty of Law have both been actively involved in political and academic discourse surrounding bail in Canada, having recently appeared before the House of Commons Justice Committee to discuss the state of Canada’s bail system.

In this episode’s Practice Corner, we speak with lawyer Teodora Pasca who will take us through what it’s like in Bail Court and what happens in a typical bail hearing. 

Find a FULL transcript of this episode HERE.

Case Links and other Resources

In this episode, the following cases, bills, and report were discussed:

 R. v. Antic, 2017 SCC 27 (CanLII), [2017] 1 SCR 509

Canadian Civil Liberties Association 2014 report “Set Up to Fail: Bail and the Revolving Door of Pre-trial Detention.” 

Bill-75, An Act to amend the Criminal Code…

Bill C-48, An Act of Amend the Criminal Code (Bail Reform)

R. v. Morales, 1992 CanLII 53 (SCC), [1992] 3 SCR 711

R. v. Pearson, 1992 CanLII 52 (SCC), [1992] 3 SCR 665

About the Asper Centre  

The Asper Centre, a part of the University of Toronto’s Faculty of Law since 2008, is devoted to realizing constitutional rights through advocacy, research and education. The Centre aims to play a vital role in articulating Canada’s constitutional vision to the broader world. The cornerstone of the Centre is a legal clinic that brings together students, faculty and members of the bar to work on significant constitutional cases and advocacy initiatives. The Centre was established through a generous gift from U of T law alumnus David Asper (LLM ’07).  

Thank You’s 

Thank you to our wonderful guests on this episode, Danardo Jones, Jilian Rogin and Teodora Pasca!

Thank you to University of Toronto Faculty of Law JD student Emily Chu, who helped with the production of this episode. 

Thank you to our audio editor Liam Morrison of Bell Room Media Solutions.  

Thank you to the creators of our theme music, Charter: A Course! Constitutional law professor Howie Kislowicz and law professor Rob Currie gave us the licence to use their constitutional law shanty in exchange for a donation to the Calgary Food Bank. The song’s performers are Vanessa Carroll, Rob Currie, Howie Kislowicz, Avinash Kowshik, Anna Lund, Patricia Paradis, Elin Sigurdson, Lyle Skinner, and Dave Wright. You can listen to the entire shanty here: Charter a Course.  Please consider contributing to your local food bank.  

Thank you to our dedicated listeners!

]]> David Asper Center for Constitutional Rights false No 5532 3 1 full S2E7: Section 3 of the Charter - The Right to Vote S2E7: Section 3 of the Charter - The Right to Vote https://CharterACourse.podbean.com/e/section-3-of-the-charter-the-right-to-vote/ https://CharterACourse.podbean.com/e/section-3-of-the-charter-the-right-to-vote/#comments Mon, 12 Dec 2022 05:00:00 -0500 CharterACourse.podbean.com/3edbaf5e-24ce-3aad-8cdc-5ccee1922384 About the Series 

Charter: A Course is a podcast created by the David Asper Centre for Constitutional Rights (the Asper Centre) and hosted by the Asper Centre’s Executive Director Cheryl Milne.  

Charter: A Course focuses on Canadian constitutional law and litigation. In each episode, we highlight the accomplishments of U of T Law’s faculty and alumni involved in leading constitutional cases and issues. Each episode also includes a “Practice Corner,” where we talk about the ins and outs of what it means to be a constitutional litigator.   

Whether you are a law student, a lawyer, or just an interested person, we hope that you learn about an aspect of constitutional law and litigation that interests you in our podcast. 

 

Show Notes  

With the help of our distinguished guest, Professor Michael Pal, we discuss the history of the right to vote in Canada. Looking at the jurisprudence on how certain groups gained the right to vote over time, we consider how democracy has evolved in our country, and the role courts must play in protecting this fundamental freedom. 

In the episode’s Practice Corner, we speak with Diego Christiansen-Barker, Khadijat Dairo and Katie Yu, 3 of the youth litigants who are involved in a court challenge to help young people in Canada gain the right to vote.

Find a Full transcript of this episode HERE.

 

Case Links 

In this episode, the following cases and statutes were discussed: 

B.C. Freedom of Information and Privacy Association v. British Columbia (Attorney General), 2017 SCC 6

Fitzgerald v. Alta., 2004 ABCA 184

Frank v. Canada (Attorney General), 2019 SCC 1

Reference re Secession of Quebec, [1998] 2 SCR 217

Sauvé v. Canada (Chief Electoral Officer), 2002 SCC 68

Toronto (City) v. Ontario (Attorney General), 2021 SCC 34

Reference re Prov. Electoral Boundaries (Sask.), [1991] 2 SCR 158

Organizations:

Justice for Children and Youth 

 

About the Asper Centre 

The Asper Centre, a part of the University of Toronto’s Faculty of Law since 2008, is devoted to realizing constitutional rights through advocacy, research and education. The Centre aims to play a vital role in articulating Canada’s constitutional vision to the broader world. The cornerstone of the Centre is a legal clinic that brings together students, faculty and members of the bar to work on significant constitutional cases and advocacy initiatives. The Centre was established through a generous gift from U of T law alumnus David Asper (LLM ’07).  

 

Thank You’s 

Charter: A Course is proudly sponsored by the University of Toronto’s affinity partner TD Insurance. We would like to thank our sponsor, and you can discover the benefits of affinity products at bit.ly/affinity-offers  

 

We would like to thank the creators of our theme music for Charter: A Course. Constitutional law professor Howie Kislowicz and law professor Rob Currie gave us the licence to use their constitutional law shanty in exchange for a donation to the Calgary Food Bank. The song’s performers are: Vanessa Carroll, Rob Currie, Howie Kislowicz, Avinash Kowshik, Anna Lund, Patricia Paradis, Elin Sigurdson, Lyle Skinner, and Dave Wright. You can listen to the entire shanty here: Charter a Course.  Please consider contributing to your local food bank!  

 

Thank you to Kathryn Mullins and Marisa Benjamin, JD students at the University of Toronto Faculty of Law, for their contributions to the production of this episode.  

 

Thank you to our wonderful guests on this episode, Michael Pal, Diego Christiansen-Barker, Khadijat Dairo and Katie Yu!

 

Thank you to our audio editor Liam Morrison of Bell Room Media Solutions.  

]]> About the Series 

Charter: A Course is a podcast created by the David Asper Centre for Constitutional Rights (the Asper Centre) and hosted by the Asper Centre’s Executive Director Cheryl Milne.  

Charter: A Course focuses on Canadian constitutional law and litigation. In each episode, we highlight the accomplishments of U of T Law’s faculty and alumni involved in leading constitutional cases and issues. Each episode also includes a “Practice Corner,” where we talk about the ins and outs of what it means to be a constitutional litigator.   

Whether you are a law student, a lawyer, or just an interested person, we hope that you learn about an aspect of constitutional law and litigation that interests you in our podcast. 

 

Show Notes  

With the help of our distinguished guest, Professor Michael Pal, we discuss the history of the right to vote in Canada. Looking at the jurisprudence on how certain groups gained the right to vote over time, we consider how democracy has evolved in our country, and the role courts must play in protecting this fundamental freedom. 

In the episode’s Practice Corner, we speak with Diego Christiansen-Barker, Khadijat Dairo and Katie Yu, 3 of the youth litigants who are involved in a court challenge to help young people in Canada gain the right to vote.

Find a Full transcript of this episode HERE.

 

Case Links 

In this episode, the following cases and statutes were discussed: 

B.C. Freedom of Information and Privacy Association v. British Columbia (Attorney General), 2017 SCC 6

Fitzgerald v. Alta., 2004 ABCA 184

Frank v. Canada (Attorney General), 2019 SCC 1

Reference re Secession of Quebec, [1998] 2 SCR 217

Sauvé v. Canada (Chief Electoral Officer), 2002 SCC 68

Toronto (City) v. Ontario (Attorney General), 2021 SCC 34

Reference re Prov. Electoral Boundaries (Sask.), [1991] 2 SCR 158

Organizations:

Justice for Children and Youth 

 

About the Asper Centre 

The Asper Centre, a part of the University of Toronto’s Faculty of Law since 2008, is devoted to realizing constitutional rights through advocacy, research and education. The Centre aims to play a vital role in articulating Canada’s constitutional vision to the broader world. The cornerstone of the Centre is a legal clinic that brings together students, faculty and members of the bar to work on significant constitutional cases and advocacy initiatives. The Centre was established through a generous gift from U of T law alumnus David Asper (LLM ’07).  

 

Thank You’s 

Charter: A Course is proudly sponsored by the University of Toronto’s affinity partner TD Insurance. We would like to thank our sponsor, and you can discover the benefits of affinity products at bit.ly/affinity-offers  

 

We would like to thank the creators of our theme music for Charter: A Course. Constitutional law professor Howie Kislowicz and law professor Rob Currie gave us the licence to use their constitutional law shanty in exchange for a donation to the Calgary Food Bank. The song’s performers are: Vanessa Carroll, Rob Currie, Howie Kislowicz, Avinash Kowshik, Anna Lund, Patricia Paradis, Elin Sigurdson, Lyle Skinner, and Dave Wright. You can listen to the entire shanty here: Charter a Course.  Please consider contributing to your local food bank!  

 

Thank you to Kathryn Mullins and Marisa Benjamin, JD students at the University of Toronto Faculty of Law, for their contributions to the production of this episode.  

 

Thank you to our wonderful guests on this episode, Michael Pal, Diego Christiansen-Barker, Khadijat Dairo and Katie Yu!

 

Thank you to our audio editor Liam Morrison of Bell Room Media Solutions.  

]]> David Asper Center for Constitutional Rights false No 3714 11 full S2E6: International Law in Constitutional Litigation S2E6: International Law in Constitutional Litigation https://CharterACourse.podbean.com/e/international-law-in-constitutional-litigation/ https://CharterACourse.podbean.com/e/international-law-in-constitutional-litigation/#comments Mon, 05 Dec 2022 06:00:00 -0500 CharterACourse.podbean.com/1e643384-48e5-3cf9-a40a-4d731f76e967 About the Series

Charter: A Course is a podcast created by the David Asper Centre for Constitutional Rights (the Asper Centre) and hosted by the Asper Centre’s Executive Director Cheryl Milne.  

Charter: A Course focuses on Canadian constitutional law and litigation. In each episode, we highlight the accomplishments of U of T Law’s faculty and alumni involved in leading constitutional cases and issues. Each episode also includes a “Practice Corner,” where we talk about the ins and outs of what it means to be a constitutional litigator.   

Whether you are a law student, a lawyer, or just an interested person, we hope that you learn about an aspect of constitutional law and litigation that interests you in our podcast. 

 

Show Notes  

How do Charter rights intersect with international law? With the help of our distinguished guest, Gib van Ert, we discuss the role of international law in Canadian constitutional litigation.

In this episode’s “Practice Corner,” lawyer and U of T Alumnus Cory Wanless discusses the ins and outs of litigating constitutional rights cases with international law components in Canadian courts.  

 

Find a FULL TRANSCRIPT of this episode HERE.

 

Case Links 

In this episode, the following cases and statutes were discussed: 

Chevron Corp. v. Yaiguaje, 2015 SCC 42

Choc et al v. Hudbay Minerals Inc et al, 2013 ONSC 1414

Immigration and Refugee Protection Act (S.C. 2001, c. 27)

Nevsun Resources Ltd. v. Araya, 2020 SCC 5

Ordon Estate v. Grail, 1998 3 SCR 437

Quebec (Attorney General) v. 9147-0732 Québec inc., 2020 SCC 32

Reference Re Public Service Employee Relations Act (Alta.), [1987] 1 SCR 313

R. v. Hape, 2007 SCC 26

R. v. McGregor, 2020 CMAC 8

Slaight Communications Inc. v. Davidson, [1989] 1 SCR 1038

Reference re Secession of Quebec, [1998] 2 SCR 217

UK Supreme Court judgment on Scottish independence referendum

 

Sources of International Law:

International Covenant on Civil and Political Rights (ICCPR)

International Covenant on Economic, Social and Cultural Rights (ICESCR)

Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment

The Convention on the Elimination of All Forms of Discrimination against Women (CEDAW)

UN Declaration on the Rights of Indigenous Peoples

Universal Declaration of Human Rights

UN Convention on the Rights of the Child

 

Organizations:

History of Mr. Diefenbaker introducing the Bill of Rights and the House of Commons debates

International Human Rights Program (IHRP)

Justice for Children and Youth

 

About the Asper Centre  

The Asper Centre, a part of the University of Toronto’s Faculty of Law since 2008, is devoted to realizing constitutional rights through advocacy, research and education. The Centre aims to play a vital role in articulating Canada’s constitutional vision to the broader world. The cornerstone of the Centre is a legal clinic that brings together students, faculty and members of the bar to work on significant constitutional cases and advocacy initiatives. The Centre was established through a generous gift from U of T law alumnus David Asper (LLM ’07).  

 

Thank You’s 

Charter: A Course is proudly sponsored by the University of Toronto’s affinity partner TD Insurance. We would like to thank our sponsor, and you can discover the benefits of affinity products at bit.ly/affinity-offers.  

We would like to thank the creators of our theme music for Charter: A Course. Constitutional law professor Howie Kislowicz and law professor Rob Currie gave us the licence to use their constitutional law shanty in exchange for a donation to the Calgary Food Bank. The song’s performers are: Vanessa Carroll, Rob Currie, Howie Kislowicz, Avinash Kowshik, Anna Lund, Patricia Paradis, Elin Sigurdson, Lyle Skinner, and Dave Wright. You can listen to the entire shanty here: Charter a Course.  Please consider contributing to your local food bank!  

Thank you to Marisa Benjamin, JD student at the University of Toronto Faculty of Law and Asper Centre Research Assistant, for her contributions to the production of this episode. 

Thank you to our wonderful guests on this episode: Gib van Ert and Cory Wanless!

Thank you to our audio editor Liam Morrison of Bell Room Media Solutions. 

 

 

]]> About the Series

Charter: A Course is a podcast created by the David Asper Centre for Constitutional Rights (the Asper Centre) and hosted by the Asper Centre’s Executive Director Cheryl Milne.  

Charter: A Course focuses on Canadian constitutional law and litigation. In each episode, we highlight the accomplishments of U of T Law’s faculty and alumni involved in leading constitutional cases and issues. Each episode also includes a “Practice Corner,” where we talk about the ins and outs of what it means to be a constitutional litigator.   

Whether you are a law student, a lawyer, or just an interested person, we hope that you learn about an aspect of constitutional law and litigation that interests you in our podcast. 

 

Show Notes  

How do Charter rights intersect with international law? With the help of our distinguished guest, Gib van Ert, we discuss the role of international law in Canadian constitutional litigation.

In this episode’s “Practice Corner,” lawyer and U of T Alumnus Cory Wanless discusses the ins and outs of litigating constitutional rights cases with international law components in Canadian courts.  

 

Find a FULL TRANSCRIPT of this episode HERE.

 

Case Links 

In this episode, the following cases and statutes were discussed: 

Chevron Corp. v. Yaiguaje, 2015 SCC 42

Choc et al v. Hudbay Minerals Inc et al, 2013 ONSC 1414

Immigration and Refugee Protection Act (S.C. 2001, c. 27)

Nevsun Resources Ltd. v. Araya, 2020 SCC 5

Ordon Estate v. Grail, 1998 3 SCR 437

Quebec (Attorney General) v. 9147-0732 Québec inc., 2020 SCC 32

Reference Re Public Service Employee Relations Act (Alta.), [1987] 1 SCR 313

R. v. Hape, 2007 SCC 26

R. v. McGregor, 2020 CMAC 8

Slaight Communications Inc. v. Davidson, [1989] 1 SCR 1038

Reference re Secession of Quebec, [1998] 2 SCR 217

UK Supreme Court judgment on Scottish independence referendum

 

Sources of International Law:

International Covenant on Civil and Political Rights (ICCPR)

International Covenant on Economic, Social and Cultural Rights (ICESCR)

Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment

The Convention on the Elimination of All Forms of Discrimination against Women (CEDAW)

UN Declaration on the Rights of Indigenous Peoples

Universal Declaration of Human Rights

UN Convention on the Rights of the Child

 

Organizations:

History of Mr. Diefenbaker introducing the Bill of Rights and the House of Commons debates

International Human Rights Program (IHRP)

Justice for Children and Youth

 

About the Asper Centre  

The Asper Centre, a part of the University of Toronto’s Faculty of Law since 2008, is devoted to realizing constitutional rights through advocacy, research and education. The Centre aims to play a vital role in articulating Canada’s constitutional vision to the broader world. The cornerstone of the Centre is a legal clinic that brings together students, faculty and members of the bar to work on significant constitutional cases and advocacy initiatives. The Centre was established through a generous gift from U of T law alumnus David Asper (LLM ’07).  

 

Thank You’s 

Charter: A Course is proudly sponsored by the University of Toronto’s affinity partner TD Insurance. We would like to thank our sponsor, and you can discover the benefits of affinity products at bit.ly/affinity-offers.  

We would like to thank the creators of our theme music for Charter: A Course. Constitutional law professor Howie Kislowicz and law professor Rob Currie gave us the licence to use their constitutional law shanty in exchange for a donation to the Calgary Food Bank. The song’s performers are: Vanessa Carroll, Rob Currie, Howie Kislowicz, Avinash Kowshik, Anna Lund, Patricia Paradis, Elin Sigurdson, Lyle Skinner, and Dave Wright. You can listen to the entire shanty here: Charter a Course.  Please consider contributing to your local food bank!  

Thank you to Marisa Benjamin, JD student at the University of Toronto Faculty of Law and Asper Centre Research Assistant, for her contributions to the production of this episode. 

Thank you to our wonderful guests on this episode: Gib van Ert and Cory Wanless!

Thank you to our audio editor Liam Morrison of Bell Room Media Solutions. 

 

 

]]> David Asper Center for Constitutional Rights false No 4247 10 full S2E5: Socioeconomic Rights and the Charter S2E5: Socioeconomic Rights and the Charter https://CharterACourse.podbean.com/e/socioeconomic-rights-and-the-charter/ https://CharterACourse.podbean.com/e/socioeconomic-rights-and-the-charter/#comments Mon, 28 Nov 2022 05:00:00 -0500 CharterACourse.podbean.com/5447ee16-c4c3-32eb-9b57-82e269eca45b About the Series  

Charter: A Course is a podcast created by the David Asper Centre for Constitutional Rights (the Asper Centre) and hosted by the Asper Centre’s Executive Director Cheryl Milne.  

Charter: A Course focuses on Canadian constitutional law and litigation. In each episode, we highlight the accomplishments of U of T Law’s faculty and alumni involved in leading constitutional cases and issues. Each episode also includes a “Practice Corner,” where we talk about the ins and outs of what it means to be a constitutional litigator.   

Whether you are a law student, a lawyer, or just an interested person, we hope that you learn about an aspect of constitutional law and litigation that interests you in our podcast. 

Show Notes  

With the help of our distinguished guests, Martha Jackman and Bruce Porter, we discuss whether socioeconomic rights are protected under the enumerated provisions of the Charter of Rights and Freedoms. We hear about what socioeconomic rights entail – like the right to food, housing, and a living wage - and consider whether these rights confer positive obligations on the government. 

In the Practice Corner (at 39:56), Jackie Esmonde joins us to discuss her experience litigating cases about socioeconomic rights on behalf of clients and as an intervenor at the Supreme Court. We also learn about Jackie’s community-driven approach to practicing law and policy writing.

Find a FULL TRANSCRIPT of this episode HERE. 

Case Links 

In this episode, the following cases and statutes were discussed: 

R. v. Boudreault, 2018 SCC 58

Canada (Attorney General) v. PHS Community Services Society, 2011 SCC 44

Cambie Surgeries Corporation v. British Columbia (Attorney General), 2022 BCCA 245 

Chaoulli v. Quebec (Attorney General), 2005 SCC 35

Eldridge v. British Columbia (Attorney General), [1997] 3 SCR 624

New Brunswick (Minister of Health and Community Services) v. G. (J.), [1999] 3 SCR 46

Nevsun Resources Ltd. v. Araya 2020 SCC 5

Gosselin v. Québec (Attorney General), 2002 SCC 84

Slaight Communications Inc. v. Davidson, [1989] 1 SCR 1038

S.A. v. Metro Vancouver Housing Corp., 2019 SCC 4

Tanudjaja v. Can. (A.G.), 2014 ONCA 852

Toussaint v. Canada (Attorney General) 2022 ONSC 4747

Vriend v. Alberta, [1998] 1 SCR 493

Statutes:

International Covenant on Economic, Social and Cultural Rights

International Covenant on Civil and Political Rights

National Housing Strategy Act, S.C. 2019, c. 29, s. 313

UN Declaration on the Rights of Indigenous Peoples Implementation Act 

The following organizations and lawyers were referenced:

Colour of Poverty – Colour of Change

Ewa Krajewska

FCJ Refugee Centre

HIV & AIDS Legal Clinic Ontario (HALCO)

Income Security Advocacy Centre (ISAC)

Migrant Workers Alliance for Change

Migrant Rights Network

Social Rights Advocacy Centre

About the Asper Centre  

The Asper Centre, a part of the University of Toronto’s Faculty of Law since 2008, is devoted to realizing constitutional rights through advocacy, research and education. The Centre aims to play a vital role in articulating Canada’s constitutional vision to the broader world. The cornerstone of the Centre is a legal clinic that brings together students, faculty and members of the bar to work on significant constitutional cases and advocacy initiatives. The Centre was established through a generous gift from U of T law alumnus David Asper (LLM ’07).  

Thank You’s 

Charter: A Course is proudly sponsored by the University of Toronto’s affinity partner TD Insurance. We would like to thank our sponsor, and you can discover the benefits of affinity products at bit.ly/affinity-offers.  

We would like to thank the creators of our theme music for Charter: A Course. Constitutional law professor Howie Kislowicz and law professor Rob Currie gave us the licence to use their constitutional law shanty in exchange for a donation to the Calgary Food Bank. The song’s performers are: Vanessa Carroll, Rob Currie, Howie Kislowicz, Avinash Kowshik, Anna Lund, Patricia Paradis, Elin Sigurdson, Lyle Skinner, and Dave Wright. You can listen to the entire shanty here: Charter a Course.  Please consider contributing to your local food bank!  

Thank you to Caitlin Salvino and Marisa Benjamin, JD students at the University of Toronto Faculty of Law and Asper Centre research assistants, for their contributions to the production of this episode.  

Thank you to our wonderful guests on this episode, Martha Jackman, Bruce Porter, and Jackie Esmonde! 

Thank you to our audio editor Liam Morrison of Bell Room Media Solutions.  

]]> About the Series  

Charter: A Course is a podcast created by the David Asper Centre for Constitutional Rights (the Asper Centre) and hosted by the Asper Centre’s Executive Director Cheryl Milne.  

Charter: A Course focuses on Canadian constitutional law and litigation. In each episode, we highlight the accomplishments of U of T Law’s faculty and alumni involved in leading constitutional cases and issues. Each episode also includes a “Practice Corner,” where we talk about the ins and outs of what it means to be a constitutional litigator.   

Whether you are a law student, a lawyer, or just an interested person, we hope that you learn about an aspect of constitutional law and litigation that interests you in our podcast. 

Show Notes  

With the help of our distinguished guests, Martha Jackman and Bruce Porter, we discuss whether socioeconomic rights are protected under the enumerated provisions of the Charter of Rights and Freedoms. We hear about what socioeconomic rights entail – like the right to food, housing, and a living wage - and consider whether these rights confer positive obligations on the government. 

In the Practice Corner (at 39:56), Jackie Esmonde joins us to discuss her experience litigating cases about socioeconomic rights on behalf of clients and as an intervenor at the Supreme Court. We also learn about Jackie’s community-driven approach to practicing law and policy writing.

Find a FULL TRANSCRIPT of this episode HERE. 

Case Links 

In this episode, the following cases and statutes were discussed: 

R. v. Boudreault, 2018 SCC 58

Canada (Attorney General) v. PHS Community Services Society, 2011 SCC 44

Cambie Surgeries Corporation v. British Columbia (Attorney General), 2022 BCCA 245 

Chaoulli v. Quebec (Attorney General), 2005 SCC 35

Eldridge v. British Columbia (Attorney General), [1997] 3 SCR 624

New Brunswick (Minister of Health and Community Services) v. G. (J.), [1999] 3 SCR 46

Nevsun Resources Ltd. v. Araya 2020 SCC 5

Gosselin v. Québec (Attorney General), 2002 SCC 84

Slaight Communications Inc. v. Davidson, [1989] 1 SCR 1038

S.A. v. Metro Vancouver Housing Corp., 2019 SCC 4

Tanudjaja v. Can. (A.G.), 2014 ONCA 852

Toussaint v. Canada (Attorney General) 2022 ONSC 4747

Vriend v. Alberta, [1998] 1 SCR 493

Statutes:

International Covenant on Economic, Social and Cultural Rights

International Covenant on Civil and Political Rights

National Housing Strategy Act, S.C. 2019, c. 29, s. 313

UN Declaration on the Rights of Indigenous Peoples Implementation Act 

The following organizations and lawyers were referenced:

Colour of Poverty – Colour of Change

Ewa Krajewska

FCJ Refugee Centre

HIV & AIDS Legal Clinic Ontario (HALCO)

Income Security Advocacy Centre (ISAC)

Migrant Workers Alliance for Change

Migrant Rights Network

Social Rights Advocacy Centre

About the Asper Centre  

The Asper Centre, a part of the University of Toronto’s Faculty of Law since 2008, is devoted to realizing constitutional rights through advocacy, research and education. The Centre aims to play a vital role in articulating Canada’s constitutional vision to the broader world. The cornerstone of the Centre is a legal clinic that brings together students, faculty and members of the bar to work on significant constitutional cases and advocacy initiatives. The Centre was established through a generous gift from U of T law alumnus David Asper (LLM ’07).  

Thank You’s 

Charter: A Course is proudly sponsored by the University of Toronto’s affinity partner TD Insurance. We would like to thank our sponsor, and you can discover the benefits of affinity products at bit.ly/affinity-offers.  

We would like to thank the creators of our theme music for Charter: A Course. Constitutional law professor Howie Kislowicz and law professor Rob Currie gave us the licence to use their constitutional law shanty in exchange for a donation to the Calgary Food Bank. The song’s performers are: Vanessa Carroll, Rob Currie, Howie Kislowicz, Avinash Kowshik, Anna Lund, Patricia Paradis, Elin Sigurdson, Lyle Skinner, and Dave Wright. You can listen to the entire shanty here: Charter a Course.  Please consider contributing to your local food bank!  

Thank you to Caitlin Salvino and Marisa Benjamin, JD students at the University of Toronto Faculty of Law and Asper Centre research assistants, for their contributions to the production of this episode.  

Thank you to our wonderful guests on this episode, Martha Jackman, Bruce Porter, and Jackie Esmonde! 

Thank you to our audio editor Liam Morrison of Bell Room Media Solutions.  

]]> With the help of our distinguished guests, Martha Jackman and Bruce Porter, we discuss whether socioeconomic rights are protected under the enumerated provisions of the Charter of Rights and Freedoms. We hear about what socioeconomic rights entail – like the right to food, housing, and a living wage - and consider whether these rights confer positive obligations on the government.  In the Practice Corner (at 39:56), Jackie Esmonde joins us to discuss her experience litigating cases about socioeconomic rights on behalf of clients and as an intervenor at the Supreme Court. We also learn about Jackie’s community-driven approach to practicing law and policy writing. David Asper Center for Constitutional Rights false No 3724 2 5 full S2E4: Freedom of Expression and Association S2E4: Freedom of Expression and Association https://CharterACourse.podbean.com/e/freedom-of-expression-and-association/ https://CharterACourse.podbean.com/e/freedom-of-expression-and-association/#comments Mon, 21 Nov 2022 04:00:00 -0500 CharterACourse.podbean.com/08abd130-dd74-3185-9795-a408617f6a38 About the Series  

Charter: A Course is a podcast created by the David Asper Centre for Constitutional Rights (the Asper Centre) and hosted by the Asper Centre’s Executive Director Cheryl Milne.  

Charter: A Course focuses on Canadian constitutional law and litigation. In each episode, we highlight the accomplishments of U of T Law’s faculty and alumni involved in leading constitutional cases and issues. Each episode also includes a “Practice Corner,” where we talk about the ins and outs of what it means to be a constitutional litigator.   

Whether you are a law student, a lawyer, or just an interested person, we hope that you learn about an aspect of constitutional law and litigation that interests you in our podcast. 

Show Notes  

With the help of our distinguished guests, Professor David Schneiderman and Professor Ashwini Vasanthakumar, we discuss how our section 2 freedoms – the freedom of expression, the freedom of association, and the freedom of assembly – protect our right to protest. Tracing the history of the right to protest up until some of the more recent instances of protests in this country, our guests share insights about the many moral and political purposes of this right in Canada. 

In the Practice Corner, Steven Barrett, Managing Partner of Goldblatt Partners LLP, discusses the freedoms of expression, association, and assembly in the labour law context. We hear about the jurisprudence leading up to the Supreme Court’s recognition of a constitutional right to strike and discuss how the Charter is litigated in employment and labour disputes. We also hear more about Bill 28 and the provincial government’s use of the notwithstanding clause to limit the right to strike.

Find a FULL TRANSCRIPT of this episode HERE.

Case Links 

In this episode, the following were discussed:

Cases: 

Irwin Toy Ltd. v. Quebec (Attorney General), [1989] 1 SCR 927

Reference Re Public Service Employee Relations Act (Alta.), [1987] 1 SCR 313 

British Columbia Teachers' Federation v. British Columbia, 2016 SCC 49

Dunmore v. Ontario (Attorney General), 2001 SCC 94

Health Services and Support - Facilities Subsector Bargaining Assn. v. British Columbia, 2007 SCC 27 

Mounted Police Association of Ontario v. Canada (Attorney General), 2015 SCC 1

Ontario (Health) v. Association of Ontario Midwives, 2022 ONCA 458

Saskatchewan Federation of Labour v. Saskatchewan, 2015 SCC 4

OPSEU et al. v. Ontario 2016 ONSC 2197

Bills:

Bill 28, Keeping Students in Class Act, 2022

Bill 115, Putting Students First Act

Bill 124, Protecting a Sustainable Public Sector for Future Generations Act, 2019

Statutes:

International Labour Organization conventions and recommendations

Labour Relations Act, 1995, S.O. 1995, c. 1

Wagner Act, United States [1935]

The Declaration of the Rights of Man and of the Citizen, 1789

Protests:

G 20 Protests 

Black Lives Matter protest in the pride parade in Toronto

Freedom convoys in 2022

Protests at Ferry Creek

Wet’suwet’en protests

APEC protests at UBC

Additional Resources:

"Investment Law's Alibis: Colonialism, Imperialism, Debt and Development" by David Schneiderman

"Freedom of Expression in Canada" by Kent Roach and David Schneiderman

"Red, White, and Kind of Blue?: The Conservatives and the Americanization of Canadian Constitutional Culture" by David Schneiderman

Sara Slinn, Associate Professor at Osgoode

Previous episode with Professor Lorraine Weinrib: "Section 33 of the Charter: The Notwithstanding Clause"

About the Asper Centre  

The Asper Centre, a part of the University of Toronto’s Faculty of Law since 2008, is devoted to realizing constitutional rights through advocacy, research and education. The Centre aims to play a vital role in articulating Canada’s constitutional vision to the broader world. The cornerstone of the Centre is a legal clinic that brings together students, faculty and members of the bar to work on significant constitutional cases and advocacy initiatives. The Centre was established through a generous gift from U of T law alumnus David Asper (LLM ’07).  

Thank You’s 

Charter: A Course is proudly sponsored by the University of Toronto’s affinity partner TD Insurance. We would like to thank our sponsor, and you can discover the benefits of affinity products at bit.ly/affinity-offers.  

We would like to thank the creators of our theme music for Charter: A Course. Constitutional law professor Howie Kislowicz and law professor Rob Currie gave us the licence to use their constitutional law shanty in exchange for a donation to the Calgary Food Bank. The song’s performers are: Vanessa Carroll, Rob Currie, Howie Kislowicz, Avinash Kowshik, Anna Lund, Patricia Paradis, Elin Sigurdson, Lyle Skinner, and Dave Wright. You can listen to the entire shanty here: Charter a Course.  Please consider contributing to your local food bank!  

Thank you to Marisa Benjamin and to David McQuillan, JD students at the University of Toronto Faculty of Law and Asper Centre Research Assistants, for their contributions to the production of this episode.  

Thank you to our wonderful guests on this episode: Martha Jackman, Bruce Porter and Steven Barrett!

Thank you to our audio editor Liam Morrison of Bell Room Media Solutions. 

 

]]> About the Series  

Charter: A Course is a podcast created by the David Asper Centre for Constitutional Rights (the Asper Centre) and hosted by the Asper Centre’s Executive Director Cheryl Milne.  

Charter: A Course focuses on Canadian constitutional law and litigation. In each episode, we highlight the accomplishments of U of T Law’s faculty and alumni involved in leading constitutional cases and issues. Each episode also includes a “Practice Corner,” where we talk about the ins and outs of what it means to be a constitutional litigator.   

Whether you are a law student, a lawyer, or just an interested person, we hope that you learn about an aspect of constitutional law and litigation that interests you in our podcast. 

Show Notes  

With the help of our distinguished guests, Professor David Schneiderman and Professor Ashwini Vasanthakumar, we discuss how our section 2 freedoms – the freedom of expression, the freedom of association, and the freedom of assembly – protect our right to protest. Tracing the history of the right to protest up until some of the more recent instances of protests in this country, our guests share insights about the many moral and political purposes of this right in Canada. 

In the Practice Corner, Steven Barrett, Managing Partner of Goldblatt Partners LLP, discusses the freedoms of expression, association, and assembly in the labour law context. We hear about the jurisprudence leading up to the Supreme Court’s recognition of a constitutional right to strike and discuss how the Charter is litigated in employment and labour disputes. We also hear more about Bill 28 and the provincial government’s use of the notwithstanding clause to limit the right to strike.

Find a FULL TRANSCRIPT of this episode HERE.

Case Links 

In this episode, the following were discussed:

Cases: 

Irwin Toy Ltd. v. Quebec (Attorney General), [1989] 1 SCR 927

Reference Re Public Service Employee Relations Act (Alta.), [1987] 1 SCR 313 

British Columbia Teachers' Federation v. British Columbia, 2016 SCC 49

Dunmore v. Ontario (Attorney General), 2001 SCC 94

Health Services and Support - Facilities Subsector Bargaining Assn. v. British Columbia, 2007 SCC 27 

Mounted Police Association of Ontario v. Canada (Attorney General), 2015 SCC 1

Ontario (Health) v. Association of Ontario Midwives, 2022 ONCA 458

Saskatchewan Federation of Labour v. Saskatchewan, 2015 SCC 4

OPSEU et al. v. Ontario 2016 ONSC 2197

Bills:

Bill 28, Keeping Students in Class Act, 2022

Bill 115, Putting Students First Act

Bill 124, Protecting a Sustainable Public Sector for Future Generations Act, 2019

Statutes:

International Labour Organization conventions and recommendations

Labour Relations Act, 1995, S.O. 1995, c. 1

Wagner Act, United States [1935]

The Declaration of the Rights of Man and of the Citizen, 1789

Protests:

G 20 Protests 

Black Lives Matter protest in the pride parade in Toronto

Freedom convoys in 2022

Protests at Ferry Creek

Wet’suwet’en protests

APEC protests at UBC

Additional Resources:

"Investment Law's Alibis: Colonialism, Imperialism, Debt and Development" by David Schneiderman

"Freedom of Expression in Canada" by Kent Roach and David Schneiderman

"Red, White, and Kind of Blue?: The Conservatives and the Americanization of Canadian Constitutional Culture" by David Schneiderman

Sara Slinn, Associate Professor at Osgoode

Previous episode with Professor Lorraine Weinrib: "Section 33 of the Charter: The Notwithstanding Clause"

About the Asper Centre  

The Asper Centre, a part of the University of Toronto’s Faculty of Law since 2008, is devoted to realizing constitutional rights through advocacy, research and education. The Centre aims to play a vital role in articulating Canada’s constitutional vision to the broader world. The cornerstone of the Centre is a legal clinic that brings together students, faculty and members of the bar to work on significant constitutional cases and advocacy initiatives. The Centre was established through a generous gift from U of T law alumnus David Asper (LLM ’07).  

Thank You’s 

Charter: A Course is proudly sponsored by the University of Toronto’s affinity partner TD Insurance. We would like to thank our sponsor, and you can discover the benefits of affinity products at bit.ly/affinity-offers.  

We would like to thank the creators of our theme music for Charter: A Course. Constitutional law professor Howie Kislowicz and law professor Rob Currie gave us the licence to use their constitutional law shanty in exchange for a donation to the Calgary Food Bank. The song’s performers are: Vanessa Carroll, Rob Currie, Howie Kislowicz, Avinash Kowshik, Anna Lund, Patricia Paradis, Elin Sigurdson, Lyle Skinner, and Dave Wright. You can listen to the entire shanty here: Charter a Course.  Please consider contributing to your local food bank!  

Thank you to Marisa Benjamin and to David McQuillan, JD students at the University of Toronto Faculty of Law and Asper Centre Research Assistants, for their contributions to the production of this episode.  

Thank you to our wonderful guests on this episode: Martha Jackman, Bruce Porter and Steven Barrett!

Thank you to our audio editor Liam Morrison of Bell Room Media Solutions. 

 

]]> David Asper Center for Constitutional Rights false No 4271 9 full S2E3: Disability Rights under the Charter S2E3: Disability Rights under the Charter https://CharterACourse.podbean.com/e/disability-rights-under-the-charter/ https://CharterACourse.podbean.com/e/disability-rights-under-the-charter/#comments Fri, 21 Oct 2022 06:30:00 -0400 CharterACourse.podbean.com/cc4a0617-90ce-3486-a16d-78f15fbc2c7b About the Series  

Charter: A Course is a podcast created by the David Asper Centre for Constitutional Rights (the Asper Centre) and hosted by the Asper Centre’s Executive Director Cheryl Milne.  

Charter: A Course focuses on Canadian constitutional law and litigation. In each episode, we highlight the accomplishments of U of T Law’s faculty and alumni involved in leading constitutional cases and issues. Each episode also includes a “Practice Corner,” where we talk about the ins and outs of what it means to be a constitutional litigator.   

Whether you are a law student, a lawyer, or just an interested person, we hope that you learn about an aspect of constitutional law and litigation that interests you in our podcast. 

Show Notes  

In 1982, disability was included as an enumerated ground of discrimination under Section 15 of the Canadian Charter of Rights and Freedoms. Since then, disability rights advocates have pursued constitutional litigation on a range of issues, including the availability of sign language, interpretation and hospitals, funding for autism treatment programs, and inclusive education for students with disabilities to remain in classes with their peers without disabilities. However, challenges remain in litigating disability rights under the Charter. This podcast episode examines the successes and remaining challenges in having disability rights recognized and protected under the Charter.

Our esteemed guests in this podcast are David Lepofsky and Anita Szigeti, two lawyers specialized in disability rights. Our guests will discuss, amongst other issues, how disability came to be an enumerated ground under section 15 of the Charter; some of the seminal Supreme Court of Canada cases that dealt with disability rights under the Charter; how individuals living with a mental disability either alone or in combination with a physical disability experience discrimination; how section 7 of the Charter interplays with respect to discrimination claims that normally fit within section 15 Charter claims; and, the future of disability rights under the Charter. 

In this episode’s “Practice Corner” starting at 1:07:16, we will be speaking with constitutional litigator Stephen Aylward, on his experiences as a constitutional litigator while living with a disability, and ways to remove existing barriers within the legal profession to make the practice of law more accessible.

Find a FULL TRANSCRIPT of this episode HERE.

Case & Statute Links 

In this episode, the following cases and statutes were discussed: 

Eldridge v. British Columbia (Attorney General), [1997] 3 SCR 624

R. v. Conway, [2010] 1 SCR 765

R. v. Swain, [1991] 1 SCR 933

Eaton v. Brant County Board of Education, [1997] 1 SCR 241

Ontario (Attorney General) v. G, 2020 SCC 38 

Thompson v. Ontario (Attorney General), 2016 ONCA 676 

P.S. v. Ontario, 2014 ONCA 900 (CanLII)

Carter v. Canada (Attorney General), 2015 SCC 5

AG(BC) v Canadian Council of Disabilities, 2022 SCC 27

Moore v. British Columbia (Education), 2012 SCC 61

R. v. Sharma, [1993] 1 SCR 650

Christopher’s Law (Sex Offender Registry), 2000, S.O. 2000, c. 1.

Not Criminally Responsible Reform Act, S.C. 2014, c. 6

Mental Health Act, R.S.O. 1990, c. M.7

Bill C-5

Additional Links:

About the Asper Centre  

The Asper Centre, a part of the University of Toronto’s Faculty of Law since 2008, is devoted to realizing constitutional rights through advocacy, research and education. The Centre aims to play a vital role in articulating Canada’s constitutional vision to the broader world. The cornerstone of the Centre is a legal clinic that brings together students, faculty and members of the bar to work on significant constitutional cases and advocacy initiatives. The Centre was established through a generous gift from U of T law alumnus David Asper (LLM ’07).  

Thank You’s 

Charter: A Course is proudly sponsored by the University of Toronto’s affinity partner TD Insurance. We would like to thank our sponsor, and you can discover the benefits of affinity products at bit.ly/affinity-offers.  

We would like to thank the creators of our theme music for Charter: A Course. Constitutional law professor Howie Kislowicz and law professor Rob Currie gave us the licence to use their constitutional law shanty in exchange for a donation to the Calgary Food Bank. The song’s performers are: Vanessa Carroll, Rob Currie, Howie Kislowicz, Avinash Kowshik, Anna Lund, Patricia Paradis, Elin Sigurdson, Lyle Skinner, and Dave Wright. You can listen to the entire shanty here: Charter a Course.  Please consider contributing to your local food bank!  

Thank you to Caitlin Salvino, JD student at the University of Toronto Faculty of Law and Asper Centre 2022 Summer Research Assistant, for her major contributions to the production of this episode and for taking on the hosting duties in this episode’s Practice Corner! Thank you also to Marisa Benjamin, JD student at the University of Toronto Faculty of Law and Asper Centre research assistant for her additional help in producing this episode. 

 Thank you to our incredible guests on this episode: David Lepofsky, Anita Szigeti and Stephen Aylward! 

Thank you to our audio editor Liam Morrison of Bell Room Media Solutions.  

]]> About the Series  

Charter: A Course is a podcast created by the David Asper Centre for Constitutional Rights (the Asper Centre) and hosted by the Asper Centre’s Executive Director Cheryl Milne.  

Charter: A Course focuses on Canadian constitutional law and litigation. In each episode, we highlight the accomplishments of U of T Law’s faculty and alumni involved in leading constitutional cases and issues. Each episode also includes a “Practice Corner,” where we talk about the ins and outs of what it means to be a constitutional litigator.   

Whether you are a law student, a lawyer, or just an interested person, we hope that you learn about an aspect of constitutional law and litigation that interests you in our podcast. 

Show Notes  

In 1982, disability was included as an enumerated ground of discrimination under Section 15 of the Canadian Charter of Rights and Freedoms. Since then, disability rights advocates have pursued constitutional litigation on a range of issues, including the availability of sign language, interpretation and hospitals, funding for autism treatment programs, and inclusive education for students with disabilities to remain in classes with their peers without disabilities. However, challenges remain in litigating disability rights under the Charter. This podcast episode examines the successes and remaining challenges in having disability rights recognized and protected under the Charter.

Our esteemed guests in this podcast are David Lepofsky and Anita Szigeti, two lawyers specialized in disability rights. Our guests will discuss, amongst other issues, how disability came to be an enumerated ground under section 15 of the Charter; some of the seminal Supreme Court of Canada cases that dealt with disability rights under the Charter; how individuals living with a mental disability either alone or in combination with a physical disability experience discrimination; how section 7 of the Charter interplays with respect to discrimination claims that normally fit within section 15 Charter claims; and, the future of disability rights under the Charter. 

In this episode’s “Practice Corner” starting at 1:07:16, we will be speaking with constitutional litigator Stephen Aylward, on his experiences as a constitutional litigator while living with a disability, and ways to remove existing barriers within the legal profession to make the practice of law more accessible.

Find a FULL TRANSCRIPT of this episode HERE.

Case & Statute Links 

In this episode, the following cases and statutes were discussed: 

Eldridge v. British Columbia (Attorney General), [1997] 3 SCR 624

R. v. Conway, [2010] 1 SCR 765

R. v. Swain, [1991] 1 SCR 933

Eaton v. Brant County Board of Education, [1997] 1 SCR 241

Ontario (Attorney General) v. G, 2020 SCC 38 

Thompson v. Ontario (Attorney General), 2016 ONCA 676 

P.S. v. Ontario, 2014 ONCA 900 (CanLII)

Carter v. Canada (Attorney General), 2015 SCC 5

AG(BC) v Canadian Council of Disabilities, 2022 SCC 27

Moore v. British Columbia (Education), 2012 SCC 61

R. v. Sharma, [1993] 1 SCR 650

Christopher’s Law (Sex Offender Registry), 2000, S.O. 2000, c. 1.

Not Criminally Responsible Reform Act, S.C. 2014, c. 6

Mental Health Act, R.S.O. 1990, c. M.7

Bill C-5

Additional Links:

About the Asper Centre  

The Asper Centre, a part of the University of Toronto’s Faculty of Law since 2008, is devoted to realizing constitutional rights through advocacy, research and education. The Centre aims to play a vital role in articulating Canada’s constitutional vision to the broader world. The cornerstone of the Centre is a legal clinic that brings together students, faculty and members of the bar to work on significant constitutional cases and advocacy initiatives. The Centre was established through a generous gift from U of T law alumnus David Asper (LLM ’07).  

Thank You’s 

Charter: A Course is proudly sponsored by the University of Toronto’s affinity partner TD Insurance. We would like to thank our sponsor, and you can discover the benefits of affinity products at bit.ly/affinity-offers.  

We would like to thank the creators of our theme music for Charter: A Course. Constitutional law professor Howie Kislowicz and law professor Rob Currie gave us the licence to use their constitutional law shanty in exchange for a donation to the Calgary Food Bank. The song’s performers are: Vanessa Carroll, Rob Currie, Howie Kislowicz, Avinash Kowshik, Anna Lund, Patricia Paradis, Elin Sigurdson, Lyle Skinner, and Dave Wright. You can listen to the entire shanty here: Charter a Course.  Please consider contributing to your local food bank!  

Thank you to Caitlin Salvino, JD student at the University of Toronto Faculty of Law and Asper Centre 2022 Summer Research Assistant, for her major contributions to the production of this episode and for taking on the hosting duties in this episode’s Practice Corner! Thank you also to Marisa Benjamin, JD student at the University of Toronto Faculty of Law and Asper Centre research assistant for her additional help in producing this episode. 

 Thank you to our incredible guests on this episode: David Lepofsky, Anita Szigeti and Stephen Aylward! 

Thank you to our audio editor Liam Morrison of Bell Room Media Solutions.  

]]> David Asper Center for Constitutional Rights false No 5696 2 3 full S2E2: Section 33 of the Charter: The Notwithstanding Clause S2E2: Section 33 of the Charter: The Notwithstanding Clause https://CharterACourse.podbean.com/e/section-33-the-notwithstanding-clause/ https://CharterACourse.podbean.com/e/section-33-the-notwithstanding-clause/#comments Fri, 07 Oct 2022 07:27:00 -0400 CharterACourse.podbean.com/26bd3b3c-ae6a-3314-a7d7-df25c0de2b18 About the Series   

Charter: A Course is a podcast created by the David Asper Centre for Constitutional Rights (the Asper Centre) and hosted by the Asper Centre’s Executive Director Cheryl Milne.  

Charter: A Course focuses on Canadian constitutional law and litigation. In each episode, we highlight the accomplishments of U of T Law’s faculty and alumni involved in leading constitutional cases and issues. Each episode also includes a “Practice Corner,” where we talk about the ins and outs of what it means to be a constitutional litigator.   

Whether you are a law student, a lawyer, or just an interested person, we hope that you learn about an aspect of constitutional law and litigation that interests you in our podcast. 

Show Notes  

This episode focuses on section 33 of the Canadian Charter of Rights and Freedoms, otherwise known as the ‘notwithstanding clause’. Recognized as a distinctive Canadian legal invention, the notwithstanding clause creates a legislative tool that permits federal, provincial or territorial legislatures to declare an act or provision of an act to operate notwithstanding sections 2 and 7 to 15 of the Charter.

With the help of our distinguished guest Professor Emerita Lorraine Weinrib we discuss section 33’s unique role within Canada's constitutional democracy, its development, its operation, the political implications of it thus far, and the existing jurisprudence on its application. 

In our “Practice Corner”, we speak with two lawyers, Gregory Bordan and Marion Sandilands, who are involved in the legal challenge against the invocation of the notwithstanding clause in Quebec's Bill 21, An Act respecting the laicity of the State.

Find a full transcript of this episode HERE. Case Links 

In this episode, the following cases were discussed: 

Ford v. Quebec (Attorney General), [1988] 2 SCR 712

Hak c. Procureure générale du Québec, 2019 QCCS 2989 

Toronto (City) v. Ontario (Attorney General), 2021 SCC 34

About the Asper Centre  

The Asper Centre, a part of the University of Toronto’s Faculty of Law since 2008, is devoted to realizing constitutional rights through advocacy, research and education. The Centre aims to play a vital role in articulating Canada’s constitutional vision to the broader world. The cornerstone of the Centre is a legal clinic that brings together students, faculty and members of the bar to work on significant constitutional cases and advocacy initiatives. The Centre was established through a generous gift from U of T law alumnus David Asper (LLM ’07).  

Thank You’s 

Charter: A Course is proudly sponsored by the University of Toronto’s affinity partner TD Insurance. We would like to thank our sponsor, and you can discover the benefits of affinity products at bit.ly/affinity-offers.  

We would like to thank the creators of our theme music for Charter: A Course. Constitutional law professor Howie Kislowicz and law professor Rob Currie gave us the licence to use their constitutional law shanty in exchange for a donation to the Calgary Food Bank. The song’s performers are: Vanessa Carroll, Rob Currie, Howie Kislowicz, Avinash Kowshik, Anna Lund, Patricia Paradis, Elin Sigurdson, Lyle Skinner, and Dave Wright. You can listen to the entire shanty here: Charter a Course.  Please consider contributing to your local food bank!  

Thank you to Caitlin Salvino, JD student at the University of Toronto, Faculty of Law and Asper Centre Summer Research Assistant in 2022, for her contributions to the production of this episode and for taking over hosting duties in the main interview with Professor Weinrib! 

Thank you to our wonderful guests on this episode, University of Toronto Faculty of Law Professor Emerita Lorraine Weinrib, and lawyers Gregory Bordan and Marion Sandilands.

Thank you to our audio editor Liam Morrison of Bell Room Media Solutions.  

Lastly, we are very grateful to you, our listeners, for taking the time to join us on as we continue to Charter a course into podcasting!  

]]> About the Series   

Charter: A Course is a podcast created by the David Asper Centre for Constitutional Rights (the Asper Centre) and hosted by the Asper Centre’s Executive Director Cheryl Milne.  

Charter: A Course focuses on Canadian constitutional law and litigation. In each episode, we highlight the accomplishments of U of T Law’s faculty and alumni involved in leading constitutional cases and issues. Each episode also includes a “Practice Corner,” where we talk about the ins and outs of what it means to be a constitutional litigator.   

Whether you are a law student, a lawyer, or just an interested person, we hope that you learn about an aspect of constitutional law and litigation that interests you in our podcast. 

Show Notes  

This episode focuses on section 33 of the Canadian Charter of Rights and Freedoms, otherwise known as the ‘notwithstanding clause’. Recognized as a distinctive Canadian legal invention, the notwithstanding clause creates a legislative tool that permits federal, provincial or territorial legislatures to declare an act or provision of an act to operate notwithstanding sections 2 and 7 to 15 of the Charter.

With the help of our distinguished guest Professor Emerita Lorraine Weinrib we discuss section 33’s unique role within Canada's constitutional democracy, its development, its operation, the political implications of it thus far, and the existing jurisprudence on its application. 

In our “Practice Corner”, we speak with two lawyers, Gregory Bordan and Marion Sandilands, who are involved in the legal challenge against the invocation of the notwithstanding clause in Quebec's Bill 21, An Act respecting the laicity of the State.

Find a full transcript of this episode HERE.

Case Links 

In this episode, the following cases were discussed: 

Ford v. Quebec (Attorney General), [1988] 2 SCR 712

Hak c. Procureure générale du Québec, 2019 QCCS 2989 

Toronto (City) v. Ontario (Attorney General), 2021 SCC 34

About the Asper Centre  

The Asper Centre, a part of the University of Toronto’s Faculty of Law since 2008, is devoted to realizing constitutional rights through advocacy, research and education. The Centre aims to play a vital role in articulating Canada’s constitutional vision to the broader world. The cornerstone of the Centre is a legal clinic that brings together students, faculty and members of the bar to work on significant constitutional cases and advocacy initiatives. The Centre was established through a generous gift from U of T law alumnus David Asper (LLM ’07).  

Thank You’s 

Charter: A Course is proudly sponsored by the University of Toronto’s affinity partner TD Insurance. We would like to thank our sponsor, and you can discover the benefits of affinity products at bit.ly/affinity-offers.  

We would like to thank the creators of our theme music for Charter: A Course. Constitutional law professor Howie Kislowicz and law professor Rob Currie gave us the licence to use their constitutional law shanty in exchange for a donation to the Calgary Food Bank. The song’s performers are: Vanessa Carroll, Rob Currie, Howie Kislowicz, Avinash Kowshik, Anna Lund, Patricia Paradis, Elin Sigurdson, Lyle Skinner, and Dave Wright. You can listen to the entire shanty here: Charter a Course.  Please consider contributing to your local food bank!  

Thank you to Caitlin Salvino, JD student at the University of Toronto, Faculty of Law and Asper Centre Summer Research Assistant in 2022, for her contributions to the production of this episode and for taking over hosting duties in the main interview with Professor Weinrib! 

Thank you to our wonderful guests on this episode, University of Toronto Faculty of Law Professor Emerita Lorraine Weinrib, and lawyers Gregory Bordan and Marion Sandilands.

Thank you to our audio editor Liam Morrison of Bell Room Media Solutions.  

Lastly, we are very grateful to you, our listeners, for taking the time to join us on as we continue to Charter a course into podcasting!  

]]> David Asper Center for Constitutional Rights false No 4016 8 full S2E1: Section 28 of the Charter and Feminist Law Reform S2E1: Section 28 of the Charter and Feminist Law Reform https://CharterACourse.podbean.com/e/section-28-of-the-charter-and-feminist-law-reform/ https://CharterACourse.podbean.com/e/section-28-of-the-charter-and-feminist-law-reform/#comments Fri, 23 Sep 2022 07:00:00 -0400 CharterACourse.podbean.com/6ff6b64c-f2fe-3862-99b3-14f8584dddb5 About the Series  

Charter: A Course is a podcast created by the David Asper Centre for Constitutional Rights (the Asper Centre) and hosted by the Asper Centre’s Executive Director Cheryl Milne.  

Charter: A Course focuses on Canadian constitutional law and litigation. In each episode, we highlight the accomplishments of U of T Law’s faculty and alumni involved in leading constitutional cases and issues. Each episode also includes a “Practice Corner,” where we talk about the ins and outs of what it means to be a constitutional litigator.   

Whether you are a law student, a lawyer, or just an interested person, we hope that you learn about an aspect of constitutional law and litigation that interests you in our podcast. 

Show Notes  

This episode focuses on section 28 of the Canadian Charter of Rights and Freedoms, which states that notwithstanding anything in the Charter, the rights and freedoms referred to in it are guaranteed equally to male and female persons. 

With the help of our distinguished guest Professor Kerri Froc we trace the history of Section 28 and its questionable usage in jurisprudence, before discussing how a case currently making its way to the Quebec Court of Appeal may provide an opportunity for Section 28 to truly shine for the first time.

In the Practice Corner, Professor Martha Jackman tells us about Feminist Law Reform 101, a free online course designed to provide the tools to teach and inspire a new generation of feminist legal advocates like the ones who brought Section 28 into being.

Find a full transcript of this episode HERE. Case Links 

In this episode, the following cases were discussed: 

Bliss v Canada (AG) [1979] 1 SCR 183

Canada (AG) v Lavell, [1974] SCR 1349

Andrews v Law Society of British Columbia, [1989] 1 SCR 143 

R v Hess; R v Nguyen, [1990] 2 SCR 906

Blainey v Ontario Hockey Association (1986) 54 OR (2d) 513

Newfoundland (Treasury Board) v. N.A.P.E., [2004] 3 SCR 381, 2004 SCC 66

Centrale des syndicats du Québec v. Quebec (Attorney General), 2018 SCC 18, [2018] 1 SCR 522

Hak c. Procureure générale du Québec, 2019 QCCS 2989

Kerri Froc’s new article:

Froc, Kerri, A Law in Rupture: Section 28, Equal Rights, and the Constitutionality of Québec's Bill 21 Religious Symbols Ban (July 24, 2022). "The Surprising Constitution," edited by Howard Kislowicz, Richard Moon and Kerri Froc. https://papers.ssrn.com/sol3/papers.cfm?abstract_id=4171256 NAWL Feminist Law Reform 101 Course:

https://nawl.ca/feminist-law-reform-101/  About the Asper Centre  

The Asper Centre, a part of the University of Toronto’s Faculty of Law since 2008, is devoted to realizing constitutional rights through advocacy, research and education. The Centre aims to play a vital role in articulating Canada’s constitutional vision to the broader world. The cornerstone of the Centre is a legal clinic that brings together students, faculty and members of the bar to work on significant constitutional cases and advocacy initiatives. The Centre was established through a generous gift from U of T law alumnus David Asper (LLM ’07).  

Thank You’s 

Charter: A Course is proudly sponsored by the University of Toronto’s affinity partner TD Insurance. We would like to thank our sponsor, and you can discover the benefits of affinity products at bit.ly/affinity-offers.  

We would like to thank the creators of our theme music for Charter: A Course. Constitutional law professor Howie Kislowicz and law professor Rob Currie gave us the licence to use their constitutional law shanty in exchange for a donation to the Calgary Food Bank. The song’s performers are: Vanessa Carroll, Rob Currie, Howie Kislowicz, Avinash Kowshik, Anna Lund, Patricia Paradis, Elin Sigurdson, Lyle Skinner, and Dave Wright. You can listen to the entire shanty here: Charter a Course.  Please consider contributing to your local food bank!  

Thank you to Kathryn Mullins, JD student at the University of Toronto Faculty of Law and Asper Centre Summer Research Assistant, for her contributions to the production of this episode.  

Thank you to our wonderful guests on this episode, Professors Kerri Froc and Martha Jackman! 

Thank you to our audio editor Liam Morrison of Bell Room Media Solutions.  

Lastly, we are very grateful to you, our listeners, for taking the time to join us on as we continue to Charter a course into podcasting!  

]]> About the Series  

Charter: A Course is a podcast created by the David Asper Centre for Constitutional Rights (the Asper Centre) and hosted by the Asper Centre’s Executive Director Cheryl Milne.  

Charter: A Course focuses on Canadian constitutional law and litigation. In each episode, we highlight the accomplishments of U of T Law’s faculty and alumni involved in leading constitutional cases and issues. Each episode also includes a “Practice Corner,” where we talk about the ins and outs of what it means to be a constitutional litigator.   

Whether you are a law student, a lawyer, or just an interested person, we hope that you learn about an aspect of constitutional law and litigation that interests you in our podcast. 

Show Notes  

This episode focuses on section 28 of the Canadian Charter of Rights and Freedoms, which states that notwithstanding anything in the Charter, the rights and freedoms referred to in it are guaranteed equally to male and female persons. 

With the help of our distinguished guest Professor Kerri Froc we trace the history of Section 28 and its questionable usage in jurisprudence, before discussing how a case currently making its way to the Quebec Court of Appeal may provide an opportunity for Section 28 to truly shine for the first time.

In the Practice Corner, Professor Martha Jackman tells us about Feminist Law Reform 101, a free online course designed to provide the tools to teach and inspire a new generation of feminist legal advocates like the ones who brought Section 28 into being.

Find a full transcript of this episode HERE.

Case Links 

In this episode, the following cases were discussed: 

Bliss v Canada (AG) [1979] 1 SCR 183

Canada (AG) v Lavell, [1974] SCR 1349

Andrews v Law Society of British Columbia, [1989] 1 SCR 143 

R v Hess; R v Nguyen, [1990] 2 SCR 906

Blainey v Ontario Hockey Association (1986) 54 OR (2d) 513

Newfoundland (Treasury Board) v. N.A.P.E., [2004] 3 SCR 381, 2004 SCC 66

Centrale des syndicats du Québec v. Quebec (Attorney General), 2018 SCC 18, [2018] 1 SCR 522

Hak c. Procureure générale du Québec, 2019 QCCS 2989

Kerri Froc’s new article:

Froc, Kerri, A Law in Rupture: Section 28, Equal Rights, and the Constitutionality of Québec's Bill 21 Religious Symbols Ban (July 24, 2022). "The Surprising Constitution," edited by Howard Kislowicz, Richard Moon and Kerri Froc. https://papers.ssrn.com/sol3/papers.cfm?abstract_id=4171256

NAWL Feminist Law Reform 101 Course:

https://nawl.ca/feminist-law-reform-101/ 

About the Asper Centre  

The Asper Centre, a part of the University of Toronto’s Faculty of Law since 2008, is devoted to realizing constitutional rights through advocacy, research and education. The Centre aims to play a vital role in articulating Canada’s constitutional vision to the broader world. The cornerstone of the Centre is a legal clinic that brings together students, faculty and members of the bar to work on significant constitutional cases and advocacy initiatives. The Centre was established through a generous gift from U of T law alumnus David Asper (LLM ’07).  

Thank You’s 

Charter: A Course is proudly sponsored by the University of Toronto’s affinity partner TD Insurance. We would like to thank our sponsor, and you can discover the benefits of affinity products at bit.ly/affinity-offers.  

We would like to thank the creators of our theme music for Charter: A Course. Constitutional law professor Howie Kislowicz and law professor Rob Currie gave us the licence to use their constitutional law shanty in exchange for a donation to the Calgary Food Bank. The song’s performers are: Vanessa Carroll, Rob Currie, Howie Kislowicz, Avinash Kowshik, Anna Lund, Patricia Paradis, Elin Sigurdson, Lyle Skinner, and Dave Wright. You can listen to the entire shanty here: Charter a Course.  Please consider contributing to your local food bank!  

Thank you to Kathryn Mullins, JD student at the University of Toronto Faculty of Law and Asper Centre Summer Research Assistant, for her contributions to the production of this episode.  

Thank you to our wonderful guests on this episode, Professors Kerri Froc and Martha Jackman! 

Thank you to our audio editor Liam Morrison of Bell Room Media Solutions.  

Lastly, we are very grateful to you, our listeners, for taking the time to join us on as we continue to Charter a course into podcasting!  

]]> David Asper Center for Constitutional Rights false No 3657 7 full S1E6: Section 15 of the Charter S1E6: Section 15 of the Charter https://CharterACourse.podbean.com/e/episode-6-section-15-of-the-charter/ https://CharterACourse.podbean.com/e/episode-6-section-15-of-the-charter/#comments Fri, 17 Dec 2021 08:00:00 -0500 CharterACourse.podbean.com/61aefa40-42da-36e9-b756-4f3e84156d3b About the Series 

Charter: A Course is a podcast created by the David Asper Centre for Constitutional Rights (the Asper Centre)  and hosted by the Asper Centre’s Executive Director Cheryl Milne. 

Charter: A Course focuses on Canadian constitutional law and litigation. In each episode, we highlight the  accomplishments of U of T Law’s faculty and alumni involved in leading constitutional cases and issues. Each  episode also includes a “Practice Corner,” where we talk about the ins and outs of what it means to be a  constitutional litigator.  

Whether you are a law student, a lawyer, or just an interested person, we hope that you learn about an aspect  of constitutional law and litigation that interests you in our podcast. 

Episode 6 Show Notes 

Section 15 of the Canadian Charter of Rights and Freedoms states that every individual is equal before and under the law and has the right to the equal protection and equal benefit of the  law without discrimination based on race, national or ethnic origin, color, religion, sex, age or mental or physical  disability. 

With the help of our distinguished guests, constitutional litigators Mary Eberts and Jonathan Rudin (author of Indigenous People and the Criminal Justice System: A Practitioner's Handbook) we trace the history of Section 15 and its development in Supreme Court of Canada jurisprudence, as well as its use in furthering the efforts to realize substantive equality for Indigenous peoples in Canada, in particular in the criminal justice system.  

Mary and Jonathan also share their thoughts about the value of interveners in Charter litigation in Canada.  

Find a full transcript of this episode HERE. 

Case Links 

In this episode, the following cases were discussed: 

Fraser v. Canada (Attorney General), 2020 SCC 28 (CanLII) 

Attorney General of Canada v. Lavell, 1973 CanLII 175 (SCC), [1974] SCR 1349 

The Queen v. Drybones, 1969 CanLII 1 (SCC), [1970] SCR 282 

Corbiere v. Canada (Minister of Indian and Northern Affairs), 1999 CanLII 687 (SCC), [1999] 2 SCR 203

Lovelace v. Ontario, 2000 SCC 37 (CanLII), [2000] 1 SCR 950

R. v. Kapp, 2008 SCC 41 (CanLII), [2008] 2 SCR 483

Law v. Canada (Minister of Employment and Immigration), 1999 CanLII 675 (SCC), [1999] 1 SCR 497

Alberta (Aboriginal Affairs and Northern Development) v. Cunningham, 2011 SCC 37 (CanLII), [2011] 2 SCR 670

Kahkewistahaw First Nation v. Taypotat, 2015 SCC 30 (CanLII), [2015] 2 SCR 548

R. v. Gladue, 1999 CanLII 679 (SCC), [1999] 1 SCR 68

R. v. Ipeelee, 2012 SCC 13 (CanLII), [2012] 1 SCR 433

R. v. Sharma, 2020 ONCA 478 (CanLII)

About the Asper Centre 

The Asper Centre, a part of the University of Toronto’s Faculty of Law since 2008, is devoted to realizing  constitutional rights through advocacy, research and education. The Centre aims to play a vital role in  articulating Canada’s constitutional vision to the broader world. The cornerstone of the Centre is a legal clinic  that brings together students, faculty and members of the bar to work on significant constitutional cases and  advocacy initiatives. The Centre was established through a generous gift from U of T law alumnus David  Asper (LLM ’07). 

Thank You’s 

Charter: A Course is proudly sponsored by the University of Toronto’s affinity partners: MBNA and TD Insurance. We would like to thank each of our sponsors, and you can discover the benefits of affinity products at  bit.ly/affinity-offers.  

We would like to thank the creators of our theme music for Charter: A Course. Constitutional law  professor Howie Kislowicz and law professor Rob Currie gave us the licence to use their constitutional law shanty  in exchange for a donation to the Calgary Food Bank. The song’s performers are: Vanessa Carroll, Rob Currie,  Howie Kislowicz, Avinash Kowshik, Anna Lund, Patricia Paradis, Elin Sigurdson, Lyle Skinner, and Dave Wright.  You can listen to the entire shanty here: Charter a Course. Please consider contributing to your local food bank! 

Thank you to Flint Patterson, JD student at the University of Toronto Faculty of Law, for his contributions to the production of this episode. 

Thank you to our wonderful guests on this episode, Mary Eberts and Jonathan Rudin!

Thank you to our audio editor Liam Morrison of Bell Room Media Solutions. 

Lastly, we are very grateful to you, our listeners, for taking the time to join us on this voyage as we  charter a course into podcasting!

]]> About the Series 

Charter: A Course is a podcast created by the David Asper Centre for Constitutional Rights (the Asper Centre)  and hosted by the Asper Centre’s Executive Director Cheryl Milne. 

Charter: A Course focuses on Canadian constitutional law and litigation. In each episode, we highlight the  accomplishments of U of T Law’s faculty and alumni involved in leading constitutional cases and issues. Each  episode also includes a “Practice Corner,” where we talk about the ins and outs of what it means to be a  constitutional litigator.  

Whether you are a law student, a lawyer, or just an interested person, we hope that you learn about an aspect  of constitutional law and litigation that interests you in our podcast. 

Episode 6 Show Notes 

Section 15 of the Canadian Charter of Rights and Freedoms states that every individual is equal before and under the law and has the right to the equal protection and equal benefit of the  law without discrimination based on race, national or ethnic origin, color, religion, sex, age or mental or physical  disability. 

With the help of our distinguished guests, constitutional litigators Mary Eberts and Jonathan Rudin (author of Indigenous People and the Criminal Justice System: A Practitioner's Handbook) we trace the history of Section 15 and its development in Supreme Court of Canada jurisprudence, as well as its use in furthering the efforts to realize substantive equality for Indigenous peoples in Canada, in particular in the criminal justice system.  

Mary and Jonathan also share their thoughts about the value of interveners in Charter litigation in Canada.  

Find a full transcript of this episode HERE. 

Case Links 

In this episode, the following cases were discussed: 

Fraser v. Canada (Attorney General), 2020 SCC 28 (CanLII) 

Attorney General of Canada v. Lavell, 1973 CanLII 175 (SCC), [1974] SCR 1349 

The Queen v. Drybones, 1969 CanLII 1 (SCC), [1970] SCR 282 

Corbiere v. Canada (Minister of Indian and Northern Affairs), 1999 CanLII 687 (SCC), [1999] 2 SCR 203

Lovelace v. Ontario, 2000 SCC 37 (CanLII), [2000] 1 SCR 950

R. v. Kapp, 2008 SCC 41 (CanLII), [2008] 2 SCR 483

Law v. Canada (Minister of Employment and Immigration), 1999 CanLII 675 (SCC), [1999] 1 SCR 497

Alberta (Aboriginal Affairs and Northern Development) v. Cunningham, 2011 SCC 37 (CanLII), [2011] 2 SCR 670

Kahkewistahaw First Nation v. Taypotat, 2015 SCC 30 (CanLII), [2015] 2 SCR 548

R. v. Gladue, 1999 CanLII 679 (SCC), [1999] 1 SCR 68

R. v. Ipeelee, 2012 SCC 13 (CanLII), [2012] 1 SCR 433

R. v. Sharma, 2020 ONCA 478 (CanLII)

About the Asper Centre 

The Asper Centre, a part of the University of Toronto’s Faculty of Law since 2008, is devoted to realizing  constitutional rights through advocacy, research and education. The Centre aims to play a vital role in  articulating Canada’s constitutional vision to the broader world. The cornerstone of the Centre is a legal clinic  that brings together students, faculty and members of the bar to work on significant constitutional cases and  advocacy initiatives. The Centre was established through a generous gift from U of T law alumnus David  Asper (LLM ’07). 

Thank You’s 

Charter: A Course is proudly sponsored by the University of Toronto’s affinity partners: MBNA and TD Insurance. We would like to thank each of our sponsors, and you can discover the benefits of affinity products at  bit.ly/affinity-offers.  

We would like to thank the creators of our theme music for Charter: A Course. Constitutional law  professor Howie Kislowicz and law professor Rob Currie gave us the licence to use their constitutional law shanty  in exchange for a donation to the Calgary Food Bank. The song’s performers are: Vanessa Carroll, Rob Currie,  Howie Kislowicz, Avinash Kowshik, Anna Lund, Patricia Paradis, Elin Sigurdson, Lyle Skinner, and Dave Wright.  You can listen to the entire shanty here: Charter a Course. Please consider contributing to your local food bank! 

Thank you to Flint Patterson, JD student at the University of Toronto Faculty of Law, for his contributions to the production of this episode. 

Thank you to our wonderful guests on this episode, Mary Eberts and Jonathan Rudin!

Thank you to our audio editor Liam Morrison of Bell Room Media Solutions. 

Lastly, we are very grateful to you, our listeners, for taking the time to join us on this voyage as we  charter a course into podcasting!

]]> David Asper Center for Constitutional Rights false No 3862 6 full S1E5: Climate Change Remedies and Section 7 of the Charter S1E5: Climate Change Remedies and Section 7 of the Charter https://CharterACourse.podbean.com/e/episode-5-climate-change-remedies-and-section-7-of-the-charter/ https://CharterACourse.podbean.com/e/episode-5-climate-change-remedies-and-section-7-of-the-charter/#comments Fri, 26 Nov 2021 08:00:00 -0500 CharterACourse.podbean.com/da515e31-de4b-3716-969a-959cf962df88 About the Series 

Charter: A Course is a podcast created by the David Asper Centre for Constitutional Rights (the Asper Centre) and hosted by the Asper Centre’s Executive Director Cheryl Milne. 

Charter: A Course focuses on Canadian constitutional law and litigation. In each episode, we highlight the accomplishments of U of T Law’s faculty and alumni involved in leading constitutional cases and issues. Each episode also includes a “Practice Corner,” where we talk about the ins and outs of what it means to be a constitutional litigator.  

Whether you are a law student, a lawyer, or just an interested person, we hope that you learn about an aspect of constitutional law and litigation that interests you in our podcast.

Episode 5 Show Notes 

Section 7 of the Canadian Charter of Rights and Freedoms guarantees that every person has the right to life, liberty, and security of the person, except in accordance with the principles of fundamental justice. 

This episode focuses on s. 7 of the Charter, climate change litigation and constitutional remedies in these cases.  

In this episode, we speak with lawyer and former Constitutional Litigator-in-Residence at the Asper Centre, Nader Hasan about the meaning and purpose of section 7 in the context of climate change and government action/inaction, and as it relates to protecting the environment for future generations. Nader is legal counsel for the applicants in the Mathur v Ontario climate change litigation (see case link below), which he discusses in this episode.

In this episode’s “Practice Corner”(starting at 38:30), we speak with University of Toronto Faculty of Law Professor Kent Roach about constitutional remedies as a core aspect of charter litigation. Kent is the author of Constitutional Remedies in Canada (Carswell, 2013) and has recently published an article on judicial remedies in climate change litigation internationally.

Find a full transcript of this episode HERE.

Case Links

In this episode, the following cases were discussed:

Gosselin v. Québec (Attorney General), 2002 SCC 84 (CanLII)

Mathur v. Ontario, 2020 ONSC 6918

La Rose v Her Majesty the Queen 2020 FC 1008

Urgenda Foundation v. State of the Netherlands, 2015

Tanudjaja v. Canada (Attorney General), 2014 ONCA 852 (CanLII)

Doucet-Boudreau v. Nova Scotia (Minister of Education), 2003 SCC 62 (CanLII)

About the Asper Centre 

The Asper Centre, a part of the University of Toronto’s Faculty of Law since 2008, is devoted to realizing constitutional rights through advocacy, research and education. The Centre aims to play a vital role in articulating Canada’s constitutional vision to the broader world. The cornerstone of the Centre is a legal clinic that brings together students, faculty and members of the bar to work on significant constitutional cases and advocacy initiatives. The Centre was established through a generous gift from U of T law alumnus David Asper (LLM ’07). 

Thank You’s

Charter: A Course is proudly sponsored by the University of Toronto’s affinity partners: MBNA and TD Insurance. We would like to thank each of our sponsors, and you can discover the benefits of affinity products at bit.ly/affinity-offers.

We would like to thank the creators of our theme music for Charter: A Course. Constitutional law professor Howie Kislowicz and law professor Rob Currie gave us the licence to use their constitutional law shanty in exchange for a donation to the Calgary Food Bank. The song’s performers are: Vanessa Carroll, Rob Currie, Howie Kislowicz, Avinash Kowshik, Anna Lund, Patricia Paradis, Elin Sigurdson, Lyle Skinner, and Dave Wright. You can listen to the entire shanty here: Charter a Course.  Please consider contributing to your local food bank! 

Thank you to Szymon Rodomar and Flint Patterson, JD students at the U of T Faculty of Law, for their immense contributions to the production of this episode. 

Thank you to our wonderful guests on this episode, Nader Hasan and Professor Kent Roach!

Thank you to our audio editor Liam Morrison of Bell Room Media Solutions. 

Lastly, we are very grateful to you, our listeners, for taking the time to join us on this voyage as we charter a course into podcasting! 

]]> About the Series 

Charter: A Course is a podcast created by the David Asper Centre for Constitutional Rights (the Asper Centre) and hosted by the Asper Centre’s Executive Director Cheryl Milne. 

Charter: A Course focuses on Canadian constitutional law and litigation. In each episode, we highlight the accomplishments of U of T Law’s faculty and alumni involved in leading constitutional cases and issues. Each episode also includes a “Practice Corner,” where we talk about the ins and outs of what it means to be a constitutional litigator.  

Whether you are a law student, a lawyer, or just an interested person, we hope that you learn about an aspect of constitutional law and litigation that interests you in our podcast.

Episode 5 Show Notes 

Section 7 of the Canadian Charter of Rights and Freedoms guarantees that every person has the right to life, liberty, and security of the person, except in accordance with the principles of fundamental justice. 

This episode focuses on s. 7 of the Charter, climate change litigation and constitutional remedies in these cases.  

In this episode, we speak with lawyer and former Constitutional Litigator-in-Residence at the Asper Centre, Nader Hasan about the meaning and purpose of section 7 in the context of climate change and government action/inaction, and as it relates to protecting the environment for future generations. Nader is legal counsel for the applicants in the Mathur v Ontario climate change litigation (see case link below), which he discusses in this episode.

In this episode’s “Practice Corner”(starting at 38:30), we speak with University of Toronto Faculty of Law Professor Kent Roach about constitutional remedies as a core aspect of charter litigation. Kent is the author of Constitutional Remedies in Canada (Carswell, 2013) and has recently published an article on judicial remedies in climate change litigation internationally.

Find a full transcript of this episode HERE.

Case Links

In this episode, the following cases were discussed:

Gosselin v. Québec (Attorney General), 2002 SCC 84 (CanLII)

Mathur v. Ontario, 2020 ONSC 6918

La Rose v Her Majesty the Queen 2020 FC 1008

Urgenda Foundation v. State of the Netherlands, 2015

Tanudjaja v. Canada (Attorney General), 2014 ONCA 852 (CanLII)

Doucet-Boudreau v. Nova Scotia (Minister of Education), 2003 SCC 62 (CanLII)

About the Asper Centre 

The Asper Centre, a part of the University of Toronto’s Faculty of Law since 2008, is devoted to realizing constitutional rights through advocacy, research and education. The Centre aims to play a vital role in articulating Canada’s constitutional vision to the broader world. The cornerstone of the Centre is a legal clinic that brings together students, faculty and members of the bar to work on significant constitutional cases and advocacy initiatives. The Centre was established through a generous gift from U of T law alumnus David Asper (LLM ’07). 

Thank You’s

Charter: A Course is proudly sponsored by the University of Toronto’s affinity partners: MBNA and TD Insurance. We would like to thank each of our sponsors, and you can discover the benefits of affinity products at bit.ly/affinity-offers.

We would like to thank the creators of our theme music for Charter: A Course. Constitutional law professor Howie Kislowicz and law professor Rob Currie gave us the licence to use their constitutional law shanty in exchange for a donation to the Calgary Food Bank. The song’s performers are: Vanessa Carroll, Rob Currie, Howie Kislowicz, Avinash Kowshik, Anna Lund, Patricia Paradis, Elin Sigurdson, Lyle Skinner, and Dave Wright. You can listen to the entire shanty here: Charter a Course.  Please consider contributing to your local food bank! 

Thank you to Szymon Rodomar and Flint Patterson, JD students at the U of T Faculty of Law, for their immense contributions to the production of this episode. 

Thank you to our wonderful guests on this episode, Nader Hasan and Professor Kent Roach!

Thank you to our audio editor Liam Morrison of Bell Room Media Solutions. 

Lastly, we are very grateful to you, our listeners, for taking the time to join us on this voyage as we charter a course into podcasting! 



]]> David Asper Center for Constitutional Rights false No 3668 5 full S1E4: Religious Freedom & Interventions in Constitutional Litigation S1E4: Religious Freedom & Interventions in Constitutional Litigation https://CharterACourse.podbean.com/e/episode-4-religious-freedom-1636645359/ https://CharterACourse.podbean.com/e/episode-4-religious-freedom-1636645359/#comments Fri, 12 Nov 2021 08:00:00 -0500 CharterACourse.podbean.com/9559600a-34a0-312b-a82e-636eb387f3e6 About the Series 

Charter: A Course is a podcast created by the David Asper Centre for Constitutional Rights (the Asper Centre) and hosted by the Asper Centre’s Executive Director Cheryl Milne. 

Charter: A Course focuses on Canadian constitutional law and litigation. In each episode, we highlight the accomplishments of U of T Law’s faculty and alumni involved in leading constitutional cases and issues. Each episode also includes a “Practice Corner,” where we talk about the ins and outs of what it means to be a constitutional litigator.  

Whether you are a law student, a lawyer, or just an interested person, we hope that you learn about an aspect of constitutional law and litigation that interests you in our podcast.

Show Notes 

This episode focuses on freedom of religion and the role of interveners in landmark cases concerning religious freedom. 

Section 2 of the Charter sets out that everyone has four fundamental freedoms, one of which is freedom of conscience and religion in clause 2(a). In this episode, we learn about the different ways in which the court has viewed freedom of religion in the past and the implications of those different views, from University of Calgary Professor Howard Kislowicz. We also hear from Howie about the extent to which interveners can be said to have improved the quality of court decisions, concerning freedom of religion, and the extent to which interveners can be said to have promoted the legitimacy and acceptability of those decisions. 

In this episode’s Practice Corner, we talk about the process and practice of intervening in appeals at the Supreme Court of Canada with lawyer,  Adriel Weaver.

Find a full transcript of this episode HERE.

Time Markers

Due to the extended length of this episode (the content was too compelling to cut down!) we’re happy to include the following “time markers” to allow the listener to easily find specific segments of the conversation: 

At 3:13, Howie and Cheryl discuss Howie’s musical endeavours including how he created the theme song to our podcast, Charter: A Course. 

At 7:59, Howie’s discussion about Freedom of Religion cases begins

At 12:41 the cross-cultural communication aspect in these cases is discussed

At 15:50 the Multani case

At 18:05 the Amselem case

At 21:53 the Hutterian Brethren case

At 36:20 the Ktunaxa Nation case

At 46:09 discussion about Howie’s research on the impact of interveners in religious freedom cases

At 59:13 “Practice Corner” segment with Adriel Weaver on the practice and process of interventions in constitutional litigation begins

At 59:59 the Trinity Western cases

At 1:09:48 the purpose of interveners; written vs oral submissions

At 1:12:37 the Sharma case; trial level vs appellate court interventions

At 1:15:41 key practice tips essential to a good intervention

At 1:17:20 Asper Centre intervention in the Bedford case

At 1:19:55 Intervention by EGALE in Egan case

At 1:21:45 the 10-page factum and 5-minute submissions by interveners

Case Links

In this episode, the following cases were discussed:

Trinity Western University v. Law Society of Upper Canada, 2018 SCC 33 (CanLII)

Multani v. Commission scolaire Marguerite-Bourgeoys, 2006 SCC 6 (CanLII) 

Syndicat Northcrest v. Amselem, 2004 SCC 47 (CanLII)

Alberta v. Hutterian Brethren of Wilson Colony, 2009 SCC 37 (CanLII)

Ktunaxa Nation v. British Columbia (Forests, Lands and Natural Resource Operations), 2017 SCC 54 (CanLII)

R v. Oakes, 1986 CanLII 46 (SCC)

R v. Sharma, 2020 ONCA 478 (CanLII)

Canada (Attorney General) v. Bedford, 2013 SCC 72 (CanLII)

Egan v. Canada, 1995 CanLII 98 (SCC)

About the Asper Centre 

The Asper Centre, a part of the University of Toronto’s Faculty of Law since 2008, is devoted to realizing constitutional rights through advocacy, research and education. The Centre aims to play a vital role in articulating Canada’s constitutional vision to the broader world. The cornerstone of the Centre is a legal clinic that brings together students, faculty and members of the bar to work on significant constitutional cases and advocacy initiatives. The Centre was established through a generous gift from U of T law alumnus David Asper (LLM ’07). 

Thank You’s

Charter: A Course is proudly sponsored by the University of Toronto’s affinity partners: MBNA and TD Insurance. We would like to thank each of our sponsors, and you can discover the benefits of affinity products at bit.ly/affinity-offers. 

We would like to thank the creators of our theme music for Charter: A Course. Constitutional law professor Howie Kislowicz and law professor Rob Currie gave us the licence to use their constitutional law shanty in exchange for a donation to the Calgary Food Bank. The song’s performers are: Vanessa Carroll, Rob Currie, Howie Kislowicz, Avinash Kowshik, Anna Lund, Patricia Paradis, Elin Sigurdson, Lyle Skinner, and Dave Wright. You can listen to the entire shanty here: Charter a Course.  Please consider contributing to your local food bank! 

Thank you to Szymon Rodomar and Flint Patterson, JD students at the U of T Faculty of Law, for their immense contributions to the production of this episode. 

Thank you to our wonderful guests on this episode, Howie Kislowicz and Adriel Weaver!

Thank you to our audio editor Liam Morrison of Bell Room Media Solutions. 

Lastly, we are very grateful to you, our listeners, for taking the time to join us on this voyage as we charter a course into podcasting! 

]]> About the Series 

Charter: A Course is a podcast created by the David Asper Centre for Constitutional Rights (the Asper Centre) and hosted by the Asper Centre’s Executive Director Cheryl Milne. 

Charter: A Course focuses on Canadian constitutional law and litigation. In each episode, we highlight the accomplishments of U of T Law’s faculty and alumni involved in leading constitutional cases and issues. Each episode also includes a “Practice Corner,” where we talk about the ins and outs of what it means to be a constitutional litigator.  

Whether you are a law student, a lawyer, or just an interested person, we hope that you learn about an aspect of constitutional law and litigation that interests you in our podcast.

Show Notes 

This episode focuses on freedom of religion and the role of interveners in landmark cases concerning religious freedom. 

Section 2 of the Charter sets out that everyone has four fundamental freedoms, one of which is freedom of conscience and religion in clause 2(a). In this episode, we learn about the different ways in which the court has viewed freedom of religion in the past and the implications of those different views, from University of Calgary Professor Howard Kislowicz. We also hear from Howie about the extent to which interveners can be said to have improved the quality of court decisions, concerning freedom of religion, and the extent to which interveners can be said to have promoted the legitimacy and acceptability of those decisions. 

In this episode’s Practice Corner, we talk about the process and practice of intervening in appeals at the Supreme Court of Canada with lawyer,  Adriel Weaver.

Find a full transcript of this episode HERE.

Time Markers

Due to the extended length of this episode (the content was too compelling to cut down!) we’re happy to include the following “time markers” to allow the listener to easily find specific segments of the conversation: 

At 3:13, Howie and Cheryl discuss Howie’s musical endeavours including how he created the theme song to our podcast, Charter: A Course. 

At 7:59, Howie’s discussion about Freedom of Religion cases begins

At 12:41 the cross-cultural communication aspect in these cases is discussed

At 15:50 the Multani case

At 18:05 the Amselem case

At 21:53 the Hutterian Brethren case

At 36:20 the Ktunaxa Nation case

At 46:09 discussion about Howie’s research on the impact of interveners in religious freedom cases

At 59:13 “Practice Corner” segment with Adriel Weaver on the practice and process of interventions in constitutional litigation begins

At 59:59 the Trinity Western cases

At 1:09:48 the purpose of interveners; written vs oral submissions

At 1:12:37 the Sharma case; trial level vs appellate court interventions

At 1:15:41 key practice tips essential to a good intervention

At 1:17:20 Asper Centre intervention in the Bedford case

At 1:19:55 Intervention by EGALE in Egan case

At 1:21:45 the 10-page factum and 5-minute submissions by interveners

Case Links

In this episode, the following cases were discussed:

Trinity Western University v. Law Society of Upper Canada, 2018 SCC 33 (CanLII)

Multani v. Commission scolaire Marguerite-Bourgeoys, 2006 SCC 6 (CanLII) 

Syndicat Northcrest v. Amselem, 2004 SCC 47 (CanLII)

Alberta v. Hutterian Brethren of Wilson Colony, 2009 SCC 37 (CanLII)

Ktunaxa Nation v. British Columbia (Forests, Lands and Natural Resource Operations), 2017 SCC 54 (CanLII)

R v. Oakes, 1986 CanLII 46 (SCC)

R v. Sharma, 2020 ONCA 478 (CanLII)

Canada (Attorney General) v. Bedford, 2013 SCC 72 (CanLII)

Egan v. Canada, 1995 CanLII 98 (SCC)

About the Asper Centre 

The Asper Centre, a part of the University of Toronto’s Faculty of Law since 2008, is devoted to realizing constitutional rights through advocacy, research and education. The Centre aims to play a vital role in articulating Canada’s constitutional vision to the broader world. The cornerstone of the Centre is a legal clinic that brings together students, faculty and members of the bar to work on significant constitutional cases and advocacy initiatives. The Centre was established through a generous gift from U of T law alumnus David Asper (LLM ’07). 


Thank You’s

Charter: A Course is proudly sponsored by the University of Toronto’s affinity partners: MBNA and TD Insurance. We would like to thank each of our sponsors, and you can discover the benefits of affinity products at bit.ly/affinity-offers. 

We would like to thank the creators of our theme music for Charter: A Course. Constitutional law professor Howie Kislowicz and law professor Rob Currie gave us the licence to use their constitutional law shanty in exchange for a donation to the Calgary Food Bank. The song’s performers are: Vanessa Carroll, Rob Currie, Howie Kislowicz, Avinash Kowshik, Anna Lund, Patricia Paradis, Elin Sigurdson, Lyle Skinner, and Dave Wright. You can listen to the entire shanty here: Charter a Course.  Please consider contributing to your local food bank! 

Thank you to Szymon Rodomar and Flint Patterson, JD students at the U of T Faculty of Law, for their immense contributions to the production of this episode. 

Thank you to our wonderful guests on this episode, Howie Kislowicz and Adriel Weaver!

Thank you to our audio editor Liam Morrison of Bell Room Media Solutions. 

Lastly, we are very grateful to you, our listeners, for taking the time to join us on this voyage as we charter a course into podcasting! 

]]> David Asper Center for Constitutional Rights false No 5294 4 full S1E3: Jury Fairness and the Charter S1E3: Jury Fairness and the Charter https://CharterACourse.podbean.com/e/jury-fairness-and-the-charter/ https://CharterACourse.podbean.com/e/jury-fairness-and-the-charter/#comments Fri, 29 Oct 2021 08:00:00 -0400 CharterACourse.podbean.com/21ddda12-c4a9-3373-97cc-24bf3590db03 About the Series 

Charter: A Course is a podcast created by the David Asper Centre for Constitutional Rights (the Asper Centre) and hosted by the Asper Centre’s Executive Director Cheryl Milne. 

Charter: A Course focuses on Canadian constitutional law and litigation. In each episode, we highlight the accomplishments of U of T Law’s faculty and alumni involved in leading constitutional cases and issues. Each episode also includes a “Practice Corner,” where we talk about the ins and outs of what it means to be a constitutional litigator.  

Whether you are a law student, a lawyer, or just an interested person, we hope that you learn about an aspect of constitutional law and litigation that interests you in our podcast.

Show Notes 

Section 11 of the Canadian Charter of Rights and Freedoms provides a list of rights for persons charged with a crime. These include, but are not limited to, the right to be tried within a reasonable period of time, under section 11(b), the right to be presumed innocent until proven guilty under section 11d, and the right to the benefit of a trial by jury, where the maximum penalty for the offense is imprisonment for five years, or even more severe punishment, under section 11(f).

In this episode we speak with Kent Roach, Professor of Law at the University of Toronto and lawyer Christa Big Canoe, Legal Director of Aboriginal Legal Services in Toronto, about jury fairness in Canada, the impact of the Supreme Court’s recent decision in R v Chouhan and the way in which the court's current understanding of jury selection informs the right to a jury that is representative of the community. The conversation also turns to equality rights, jury representation, and the experiences of indigenous people when it comes to juries.

Lastly, in this episode’s “Practice Corner” we speak with lawyer Janani Shanmuganathan about some of the practicalities of jury selection from the perspective of a criminal defense lawyer.

Find a full transcript of this episode HERE.

Case and Reference Links

In this episode, the following cases/laws were discussed:

R v Chouhan, 2021 SCC 26 (Canlii)

R v Kokopenance, 2015 SCC 25 (Canlii)

Bill C-75 - An Act to amend the Criminal Code, the Youth Criminal Justice Act and other Acts and to make consequential amendments to other Acts

R v Stanley, 2018 SKQB 27 (Canlii)

About the Asper Centre 

The Asper Centre, a part of the University of Toronto’s Faculty of Law since 2008, is devoted to realizing constitutional rights through advocacy, research and education. The Centre aims to play a vital role in articulating Canada’s constitutional vision to the broader world. The cornerstone of the Centre is a legal clinic that brings together students, faculty and members of the bar to work on significant constitutional cases and advocacy initiatives. The Centre was established through a generous gift from U of T law alumnus David Asper (LLM ’07). 

Thank You’s

Charter: A Course is proudly sponsored by the University of Toronto’s affinity partners: MBNA and TD Insurance. We would like to thank each of our sponsors, and you can discover the benefits of affinity products at bit.ly/affinity-offers.

We would like to thank the creators of our theme music for Charter: A Course. Constitutional law professor Howie Kislowicz and law professor Rob Currie gave us the licence to use their constitutional law shanty in exchange for a donation to the Calgary Food Bank. The song’s performers are: Vanessa Carroll, Rob Currie, Howie Kislowicz, Avinash Kowshik, Anna Lund, Patricia Paradis, Elin Sigurdson, Lyle Skinner, and Dave Wright. You can listen to the entire shanty here: Charter a Course.  Please consider contributing to your local food bank! 

Thank you to Szymon Rodomar and Flint Patterson, JD students at the U of T Faculty of Law, for their immense contributions to the production of this episode. 

 Thank you to our wonderful guests on this episode, Kent Roach, Christa Big Canoe and Janani Shanmuganathan. 

Thank you to our audio editor Liam Morrison of Bell Room Media Solutions. 

Lastly, we are very grateful to you, our listeners, for taking the time to join us on this voyage as we charter a course into podcasting! 

]]> About the Series 

Charter: A Course is a podcast created by the David Asper Centre for Constitutional Rights (the Asper Centre) and hosted by the Asper Centre’s Executive Director Cheryl Milne. 

Charter: A Course focuses on Canadian constitutional law and litigation. In each episode, we highlight the accomplishments of U of T Law’s faculty and alumni involved in leading constitutional cases and issues. Each episode also includes a “Practice Corner,” where we talk about the ins and outs of what it means to be a constitutional litigator.  

Whether you are a law student, a lawyer, or just an interested person, we hope that you learn about an aspect of constitutional law and litigation that interests you in our podcast.

Show Notes 

Section 11 of the Canadian Charter of Rights and Freedoms provides a list of rights for persons charged with a crime. These include, but are not limited to, the right to be tried within a reasonable period of time, under section 11(b), the right to be presumed innocent until proven guilty under section 11d, and the right to the benefit of a trial by jury, where the maximum penalty for the offense is imprisonment for five years, or even more severe punishment, under section 11(f).

In this episode we speak with Kent Roach, Professor of Law at the University of Toronto and lawyer Christa Big Canoe, Legal Director of Aboriginal Legal Services in Toronto, about jury fairness in Canada, the impact of the Supreme Court’s recent decision in R v Chouhan and the way in which the court's current understanding of jury selection informs the right to a jury that is representative of the community. The conversation also turns to equality rights, jury representation, and the experiences of indigenous people when it comes to juries.

Lastly, in this episode’s “Practice Corner” we speak with lawyer Janani Shanmuganathan about some of the practicalities of jury selection from the perspective of a criminal defense lawyer.

Find a full transcript of this episode HERE.

Case and Reference Links

In this episode, the following cases/laws were discussed:

R v Chouhan, 2021 SCC 26 (Canlii)

R v Kokopenance, 2015 SCC 25 (Canlii)

Bill C-75 - An Act to amend the Criminal Code, the Youth Criminal Justice Act and other Acts and to make consequential amendments to other Acts

R v Stanley, 2018 SKQB 27 (Canlii)

About the Asper Centre 

The Asper Centre, a part of the University of Toronto’s Faculty of Law since 2008, is devoted to realizing constitutional rights through advocacy, research and education. The Centre aims to play a vital role in articulating Canada’s constitutional vision to the broader world. The cornerstone of the Centre is a legal clinic that brings together students, faculty and members of the bar to work on significant constitutional cases and advocacy initiatives. The Centre was established through a generous gift from U of T law alumnus David Asper (LLM ’07). 

Thank You’s

Charter: A Course is proudly sponsored by the University of Toronto’s affinity partners: MBNA and TD Insurance. We would like to thank each of our sponsors, and you can discover the benefits of affinity products at bit.ly/affinity-offers.

We would like to thank the creators of our theme music for Charter: A Course. Constitutional law professor Howie Kislowicz and law professor Rob Currie gave us the licence to use their constitutional law shanty in exchange for a donation to the Calgary Food Bank. The song’s performers are: Vanessa Carroll, Rob Currie, Howie Kislowicz, Avinash Kowshik, Anna Lund, Patricia Paradis, Elin Sigurdson, Lyle Skinner, and Dave Wright. You can listen to the entire shanty here: Charter a Course.  Please consider contributing to your local food bank! 

Thank you to Szymon Rodomar and Flint Patterson, JD students at the U of T Faculty of Law, for their immense contributions to the production of this episode. 

 Thank you to our wonderful guests on this episode, Kent Roach, Christa Big Canoe and Janani Shanmuganathan. 

Thank you to our audio editor Liam Morrison of Bell Room Media Solutions. 

Lastly, we are very grateful to you, our listeners, for taking the time to join us on this voyage as we charter a course into podcasting! 

]]> David Asper Center for Constitutional Rights false No 3615 3 full S1E2: Covid19 and the Charter S1E2: Covid19 and the Charter https://CharterACourse.podbean.com/e/episode-2-covid19-and-the-charter/ https://CharterACourse.podbean.com/e/episode-2-covid19-and-the-charter/#comments Fri, 15 Oct 2021 05:00:00 -0400 CharterACourse.podbean.com/ba686f90-81e1-3838-8f8d-6fa184614408 About the Series 

Charter: A Course is a podcast created by the David Asper Centre for Constitutional Rights (the Asper Centre) and hosted by the Asper Centre’s Executive Director Cheryl Milne. 

Charter: A Course focuses on Canadian constitutional law and litigation. In each episode, we highlight the accomplishments of U of T Law’s faculty and alumni involved in leading constitutional cases and issues. Each episode also includes a “Practice Corner,” where we talk about the ins and outs of what it means to be a constitutional litigator.  

Whether you are a law student, a lawyer, or just an interested person, we hope that you learn about an aspect of constitutional law and litigation that interests you in our podcast.

Show Notes 

This episode focuses on various Charter rights in the context of the COVID-19 pandemic. Section 6 (1) of the Charter of Rights and Freedoms confers the right to enter, remain in and leave Canada upon every citizen of Canada. Section 6(2) provides citizens and permanent residents with the right to move and take up residence and to pursue a livelihood in any province. Over the past year and a half, some provinces, including Ontario, have restricted movement across provincial borders. Other legal responses, or lack of responses, from government might also implicate section 7 rights to life, liberty and security of the person, while vaccine mandates raise questions about equality rights under section 15 or freedom of conscience and religion under section 2(a); and arguments have been made that restrictions on gathering affect those rights as well as the right to assembly under section 2(c) or association under 2(d). 

We’ll hear about the complicated relationship between our Charter and the government’s response to the COVID-19 pandemic from Abby Deshman and Nathalie des Rosiers. We’ll also hear a bit more about a topic we covered in our first episode: section 1 of the Charter. Particularly, whether the Oakes test is too strict in the context of an emergency such as the COVID-19 pandemic. To close things off, in our “Practice Corner,” we’ll hear from two recent U of T law graduates, Geri Angelova and Hana Awwad, regarding their experience participating in the law school’s Grand Moot earlier this year, which was on the topic of the constitutionality of mandatory vaccinations.  

Find a full transcript of this episode here: https://aspercentre.ca/wp-content/uploads/2021/10/Episode-2-Covid-19-TRANSCRIPT.pdf

Case Links

In this episode, the following Supreme Court of Canada constitutional law decision was discussed:

  1. R v. Oakes, 1986 CanLII 46 (SCC), [1986] 1 SCR 103

About the Asper Centre 

The Asper Centre, a part of the University of Toronto’s Faculty of Law since 2008, is devoted to realizing constitutional rights through advocacy, research and education. The Centre aims to play a vital role in articulating Canada’s constitutional vision to the broader world. The cornerstone of the Centre is a legal clinic that brings together students, faculty and members of the bar to work on significant constitutional cases and advocacy initiatives. The Centre was established through a generous gift from U of T law alumnus David Asper (LLM ’07). 

Thank You’s

Charter: A Course is proudly sponsored by the University of Toronto’s affinity partners: MBNA and TD Insurance. We would like to thank each of our sponsors, and you can discover the benefits of affinity products at affinity.utoronto.ca.

We would like to thank the creators of our theme music for Charter: A Course. Constitutional law professor Howie Kislowicz and law professor Rob Currie gave us the licence to use their constitutional law shanty in exchange for a donation to the Calgary Food Bank. The song’s performers are: Vanessa Carroll, Rob Currie, Howie Kislowicz, Avinash Kowshik, Anna Lund, Patricia Paradis, Elin Sigurdson, Lyle Skinner, and Dave Wright. You can listen to the entire shanty here: Charter a Course.  Please consider contributing to your local food bank! 

Thank you to Szymon Rodomar and Flint Patterson, JD students at the U of T Faculty of Law, for their immense contributions to the production of this episode. 

Thank you to our wonderful guests on this episode, Nathalie des Rosiers, Abby Deshman, Geri Angelova and Hana Awwad. 

Thank you to our audio editor Liam Morrison of Bell Room Media Solutions. 

Lastly, we are very grateful to you, our listeners, for taking the time to join us on this voyage as we charter a course into podcasting! 

 

]]> About the Series 

Charter: A Course is a podcast created by the David Asper Centre for Constitutional Rights (the Asper Centre) and hosted by the Asper Centre’s Executive Director Cheryl Milne. 

Charter: A Course focuses on Canadian constitutional law and litigation. In each episode, we highlight the accomplishments of U of T Law’s faculty and alumni involved in leading constitutional cases and issues. Each episode also includes a “Practice Corner,” where we talk about the ins and outs of what it means to be a constitutional litigator.  

Whether you are a law student, a lawyer, or just an interested person, we hope that you learn about an aspect of constitutional law and litigation that interests you in our podcast.

Show Notes 

This episode focuses on various Charter rights in the context of the COVID-19 pandemic. Section 6 (1) of the Charter of Rights and Freedoms confers the right to enter, remain in and leave Canada upon every citizen of Canada. Section 6(2) provides citizens and permanent residents with the right to move and take up residence and to pursue a livelihood in any province. Over the past year and a half, some provinces, including Ontario, have restricted movement across provincial borders. Other legal responses, or lack of responses, from government might also implicate section 7 rights to life, liberty and security of the person, while vaccine mandates raise questions about equality rights under section 15 or freedom of conscience and religion under section 2(a); and arguments have been made that restrictions on gathering affect those rights as well as the right to assembly under section 2(c) or association under 2(d). 

We’ll hear about the complicated relationship between our Charter and the government’s response to the COVID-19 pandemic from Abby Deshman and Nathalie des Rosiers. We’ll also hear a bit more about a topic we covered in our first episode: section 1 of the Charter. Particularly, whether the Oakes test is too strict in the context of an emergency such as the COVID-19 pandemic. To close things off, in our “Practice Corner,” we’ll hear from two recent U of T law graduates, Geri Angelova and Hana Awwad, regarding their experience participating in the law school’s Grand Moot earlier this year, which was on the topic of the constitutionality of mandatory vaccinations.  

Find a full transcript of this episode here: https://aspercentre.ca/wp-content/uploads/2021/10/Episode-2-Covid-19-TRANSCRIPT.pdf

Case Links

In this episode, the following Supreme Court of Canada constitutional law decision was discussed:

  1. R v. Oakes, 1986 CanLII 46 (SCC), [1986] 1 SCR 103

About the Asper Centre 

The Asper Centre, a part of the University of Toronto’s Faculty of Law since 2008, is devoted to realizing constitutional rights through advocacy, research and education. The Centre aims to play a vital role in articulating Canada’s constitutional vision to the broader world. The cornerstone of the Centre is a legal clinic that brings together students, faculty and members of the bar to work on significant constitutional cases and advocacy initiatives. The Centre was established through a generous gift from U of T law alumnus David Asper (LLM ’07). 

Thank You’s

Charter: A Course is proudly sponsored by the University of Toronto’s affinity partners: MBNA and TD Insurance. We would like to thank each of our sponsors, and you can discover the benefits of affinity products at affinity.utoronto.ca.

We would like to thank the creators of our theme music for Charter: A Course. Constitutional law professor Howie Kislowicz and law professor Rob Currie gave us the licence to use their constitutional law shanty in exchange for a donation to the Calgary Food Bank. The song’s performers are: Vanessa Carroll, Rob Currie, Howie Kislowicz, Avinash Kowshik, Anna Lund, Patricia Paradis, Elin Sigurdson, Lyle Skinner, and Dave Wright. You can listen to the entire shanty here: Charter a Course.  Please consider contributing to your local food bank! 

Thank you to Szymon Rodomar and Flint Patterson, JD students at the U of T Faculty of Law, for their immense contributions to the production of this episode. 

Thank you to our wonderful guests on this episode, Nathalie des Rosiers, Abby Deshman, Geri Angelova and Hana Awwad. 

Thank you to our audio editor Liam Morrison of Bell Room Media Solutions. 

Lastly, we are very grateful to you, our listeners, for taking the time to join us on this voyage as we charter a course into podcasting! 

 

]]> This episode focuses on various Charter rights in the context of the COVID-19 pandemic. Section 6 (1) of the Charter of Rights and Freedoms confers the right to enter, remain in and leave Canada upon every citizen of Canada. Section 6(2) provides citizens and permanent residents with the right to move and take up residence and to pursue a livelihood in any province. Over the past year and a half, some provinces, including Ontario, have restricted movement across provincial borders. Other legal responses, or lack of responses, from government might also implicate section 7 rights to life, liberty and security of the person, while vaccine mandates raise questions about equality rights under section 15 or freedom of conscience and religion under section 2(a); and arguments have been made that restrictions on gathering affect those rights as well as the right to assembly under section 2(c) or association under 2(d).  We’ll hear about the complicated relationship between our Charter and the government’s response to the COVID-19 pandemic from Abby Deshman and Nathalie des Rosiers. We’ll also hear a bit more about a topic we covered in our first episode: section 1 of the Charter. Particularly, whether the Oakes test is too strict in the context of an emergency such as the COVID-19 pandemic. To close things off, in our “Practice Corner,” we’ll hear from two recent U of T law graduates, Geri Angelova and Hana Awwad, regarding their experience participating in the law school’s Grand Moot earlier this year, which was on the topic of the constitutionality of mandatory vaccinations. David Asper Center for Constitutional Rights false No 3983 2 full S1E1: What’s the point of Section 1? S1E1: What’s the point of Section 1? https://CharterACourse.podbean.com/e/episode-1-what-s-the-point-of-section-1/ https://CharterACourse.podbean.com/e/episode-1-what-s-the-point-of-section-1/#comments Mon, 27 Sep 2021 12:29:13 -0400 talschreier.podbean.com/c1fbd940-11be-350d-917d-e821e3391b7c About the Series 

Charter: A Course is a podcast created by the David Asper Centre for Constitutional Rights (the Asper Centre) and hosted by the Asper Centre’s Executive Director Cheryl Milne. Charter: A Course focuses on Canadian constitutional law and litigation. In each episode, we highlight the accomplishments of U of T Law’s faculty and alumni involved in leading constitutional cases and issues. Each episode also includes a “Practice Corner,” where we talk about the ins and outs of what it means to be a constitutional litigator.  

Whether you are a law student, a lawyer, or just an interested person, we hope that you learn about an aspect of constitutional law and litigation that interests you in our podcast.

Show Notes 

In this episode, we begin our exploration of the Canadian Charter of Rights and Freedoms with a conversation about section 1, which sets out that the rights in the Charter are subject to limits, or as the section says, “reasonable limits that are demonstrably justifiable in a free and democratic society.” We are privileged to speak with scholar and U of T alumnus Professor Jacob Weinrib. During our “Practice Corner,” we speak with constitutional litigator and U of T Law alumnus Padraic Ryan. 

Find a full transcript of this episode here: https://aspercentre.ca/wp-content/uploads/2021/09/Section-1-Episode-Transcripts.pdf

Case Links

The following SCC constitutional law decisions were discussed in this episode: 

R. v. Oakes, 1986 CanLII 46 (SCC), [1986] 1 SCR 103

Gillian Frank, et al. v. Attorney General of Canada (2016)

Newfoundland (Treasury Board) v. N.A.P.E., 2004 SCC 66 (CanLII), [2004] 3 SCR 381

About the Asper Centre  

The Asper Centre, a part of the University of Toronto’s Faculty of Law since 2008, is devoted to realizing constitutional rights through advocacy, research and education. The Centre aims to play a vital role in articulating Canada’s constitutional vision to the broader world. The cornerstone of the Centre is a legal clinic that brings together students, faculty and members of the bar to work on significant constitutional cases and advocacy initiatives. The Centre was established through a generous gift from U of Tlaw alumnus David Asper (LLM ’07). 

Thank You’s

Charter: A Course is proudly sponsored by the University of Toronto’s affinity partners: MBNA and TD Insurance. We would like to thank each of our sponsors, and you can discover the benefits of affinity products at affinity.utoronto.ca.

We would like to thank the creators of our theme music for Charter: A Course. Constitutional law professor Howie Kislowicz and law professor Rob Currie gave us the licence to use their constitutional law shanty in exchange for a donation to the Calgary Food Bank. The song’s performers are: Vanessa Carroll, Rob Currie, Howie Kislowicz, Avinash Kowshik, Anna Lund, Patricia Paradis, Elin Sigurdson, Lyle Skinner, and Dave Wright. You can listen to the entire song here: Charter a Course.  Please consider contributing to your local food bank! 

Thank you to Szymon Rodomar and Flint Patterson, JD students at the U of T Faculty of Law, for their immense contributions to the production of this episode. 

Thank you to our wonderful guests on this episode, Professor Jacob Weinrib and Padraic Ryan. 

Thank you to our audio editor Liam Morrison of Bell Room Media Solutions. 

Lastly, we are very grateful to you, our listeners, for taking the time to join us on this voyage as we charter a course into podcasting!

]]> About the Series 

Charter: A Course is a podcast created by the David Asper Centre for Constitutional Rights (the Asper Centre) and hosted by the Asper Centre’s Executive Director Cheryl Milne. Charter: A Course focuses on Canadian constitutional law and litigation. In each episode, we highlight the accomplishments of U of T Law’s faculty and alumni involved in leading constitutional cases and issues. Each episode also includes a “Practice Corner,” where we talk about the ins and outs of what it means to be a constitutional litigator.  

Whether you are a law student, a lawyer, or just an interested person, we hope that you learn about an aspect of constitutional law and litigation that interests you in our podcast.

Show Notes 

In this episode, we begin our exploration of the Canadian Charter of Rights and Freedoms with a conversation about section 1, which sets out that the rights in the Charter are subject to limits, or as the section says, “reasonable limits that are demonstrably justifiable in a free and democratic society.” We are privileged to speak with scholar and U of T alumnus Professor Jacob Weinrib. During our “Practice Corner,” we speak with constitutional litigator and U of T Law alumnus Padraic Ryan. 

Find a full transcript of this episode here: https://aspercentre.ca/wp-content/uploads/2021/09/Section-1-Episode-Transcripts.pdf

Case Links

The following SCC constitutional law decisions were discussed in this episode: 

R. v. Oakes, 1986 CanLII 46 (SCC), [1986] 1 SCR 103

Gillian Frank, et al. v. Attorney General of Canada (2016)

Newfoundland (Treasury Board) v. N.A.P.E., 2004 SCC 66 (CanLII), [2004] 3 SCR 381

About the Asper Centre  

The Asper Centre, a part of the University of Toronto’s Faculty of Law since 2008, is devoted to realizing constitutional rights through advocacy, research and education. The Centre aims to play a vital role in articulating Canada’s constitutional vision to the broader world. The cornerstone of the Centre is a legal clinic that brings together students, faculty and members of the bar to work on significant constitutional cases and advocacy initiatives. The Centre was established through a generous gift from U of Tlaw alumnus David Asper (LLM ’07). 

Thank You’s

Charter: A Course is proudly sponsored by the University of Toronto’s affinity partners: MBNA and TD Insurance. We would like to thank each of our sponsors, and you can discover the benefits of affinity products at affinity.utoronto.ca.

We would like to thank the creators of our theme music for Charter: A Course. Constitutional law professor Howie Kislowicz and law professor Rob Currie gave us the licence to use their constitutional law shanty in exchange for a donation to the Calgary Food Bank. The song’s performers are: Vanessa Carroll, Rob Currie, Howie Kislowicz, Avinash Kowshik, Anna Lund, Patricia Paradis, Elin Sigurdson, Lyle Skinner, and Dave Wright. You can listen to the entire song here: Charter a Course.  Please consider contributing to your local food bank! 

Thank you to Szymon Rodomar and Flint Patterson, JD students at the U of T Faculty of Law, for their immense contributions to the production of this episode. 

Thank you to our wonderful guests on this episode, Professor Jacob Weinrib and Padraic Ryan. 

Thank you to our audio editor Liam Morrison of Bell Room Media Solutions. 

Lastly, we are very grateful to you, our listeners, for taking the time to join us on this voyage as we charter a course into podcasting!

]]> talschreier false No 3795 1 full