Charter: A Course - A podcast about Canadian Constitutional Law & Litigation

Charter: A Course 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,...

Charter: A Course A podcast about Canadian Constitutional Law & Litigation 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.

Charter: A Course A podcast about Canadian Constitutional Law & Litigation Season 4, Episode 5: Section 32(1) of the Charter: Application to Quasi-Government Bodies 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 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.

Charter: A Course A podcast about Canadian Constitutional Law & Litigation 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.

Charter: A Course 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.

Charter: A Course A podcast about Canadian Constitutional Law & Litigation 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.

Charter: A Course 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...

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...

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 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 Intervening Factum 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...

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...

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 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!

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 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...

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,...

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...

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: Accessibility for Ontarians with Disabilities Act Alliance@aodaalliance)Women in Canadian Criminal Defence@WICCD_Canada)Ontario Courts Accessibility Committee’shttps://www.surveymonkey.com/r/OCACSurveyENLambda Legal@LAMDACANADA)Canadian Association of Lawyers with Disabilities Facebook GroupDavid Lepofsky’s lectures on Advocating for Disability Rights@DavidLepofsky@pouchbabyA Guide to Mental Disorder Law in Canadian Criminal JusticeLaw and Mental Health in Canada Cases and MaterialsPeople with Disabilities Need Lawyers Too! 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...

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 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...

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...