PART II: Is s. 33 a useful tool or a loaded gun?
Part II of previous debate on the s. 33 notwithstanding clause with Leonid Sirota (AUT Law School), Maxime St-Hilaire (Université de Sherbrooke) and Geoff Sigalet (Stanford Law School). How should historical circumstances, in this case the intentions of parties to the adoption of the Charter, affect how we construe the proper use of its provisions in contemporary circumstances? Should s. 33 be limited to use in "exceptional circumstances"?
DEBATE: Is s. 33 a loaded gun or a useful tool? (Part I of II)
In May 2017, Saskatchewan premier Brad Wall announced his government's intention to respond to a court decision holding that public funding for non-Catholic students who wished to attend Catholic schools violated state obligations of religious neutrality by use of the Charter's notwithstanding clause. In this episiode, we debate the proposition: Regardless of the merits of the Good Spirit School Division decision, the government of Saskatchewan was justified in stating its intention to...
Bruce Pardy and Asher Honickman: Bill C-16 is Law. Now What?
Discussion with Professor Bruce Pardy, Queen's Faculty of Law and Asher Honickman, Advocates for the Rule of Law. What does Bill C-16 mean and how would alleged human rights violations under Bill C-16 be litigated? We discuss the Ontario Human Rights Commission's guidelines and how they might interact with an allegation of a Charter breach of freedom of expression, civility vs. legal obligations, classical conceptions of negative versus positive human rights, and some procedural and...
Brian Bird: Liberty, Equality, Trinity
Discussion with Brian Bird, D.C.L. candidate at McGill's Faculty of Law and author of "Trinity Western and the erosion of religious freedom": why did the case of Trinity Western University's proposed law school occasion a 'clash of the titans' in the form of two powerhouse appellate courts, Ontario and B.C., disagreeing with each other substantively? How can courts balance claims to religious liberty with demands for equality under the Charter? What should we make of the suggestion that...
Chief Justice Glenn Joyal: The Charter, Rights Talk, and Institutional Imbalance
How has the Charter fundamentally changed Canadian politics? Discussion with Chief Justice (Manitoba Court of Queen's Bench) Glenn Joyal about Canada's founding ideological mélange and strands of liberal neutrality, communitarianism, and Westminster supremacy, the shift in political culture effectuated by the Charter, the notwithstanding clause, and how courts and legislatures can collaborate in articulating rights. CJ Joyal also responds to Leonid Sirota's critique of his speech. Text of...
Teresa Bejan: The Disagreeableness of Disagreement
Discussion with Teresa Bejan of Oriel College, Oxford about her 2017 book Mere Civility, which contrasts the views on the limits of toleration in a liberal society of John Rawls, Thomas Hobbes, and Roger Williams, and defends Williams' 'mere civility' which was based on "mutual contempt" rather than mutual respect. We also discuss recent events at Middlebury and Wellesley College, identity politics' want for epistemic humility, and 'free speech fundamentalism'. For more on Mere Civility,...
Lauren Heuser: Free Speech in the Digital Age
In the digital age, filter bubbles encourage conformity of opinion and confirmation bias. They discourage airing contrarian views-- both online and in person. A conversation with lawyer and journalist Lauren Heuser about the eroding culture of free speech, why polarizing figures like Milo Yiannopoulos should not be the mascots of free speech, and getting back to the real aims of open discourse for a free society. Read Lauren's Walrus piece here.
Ilya Somin: The Case for Open Borders
Law professor and longtime Volokh Conspiracy contributor Ilya Somin joins Runnymede Radio to make the case for open borders as favourable to both human freedom and economic prosperity. We touch on Trump's executive orders, the implications of the Trump administration's restrictionism for Canada's Safe Third Party Agreement, political ignorance and immigration, the reality of nationhood and reconciling immigration with shared civic values, and the political backlash against pro-immigration...
Leonid Sirota: Are We All Originalists Now?
Leonid Sirota, Lecturer at AUT Law School in Auckland, New Zealand, and author of Double Aspect Blog, discusses originalism, the legal interpretive theory which posits that a law's original meaning should govern its subsequent interpretation and application. We discuss whether originalism has been rejected by Canadian courts, particularly the Supreme Court of Canada, the normative case for (and against) originalism, common criticisms, and why the 1L constitutional law staple Reference re...
Runnymede Radio: Quebec Exceptionalism
Joanna and Montreal lawyer, writer, and podcaster Daniel Goldwater discuss Canadian exceptionalism and whether Trumpist nativism could land on Canadian shores, the 2017 Quebec City mosque shooting and why accused Alexandre Bisonette was charged with murder and not terrorism and half of the Bouchard-Taylor Commission's renunciation of that report's recommendations. As a bonus add-on: tackling the Andrew Potter affair (see the offending article here)!
Jordan Peterson: Compelled Speech Is Compelled Thought
Welcome to Runnymede Radio! Jordan Peterson discusses gender-neutral pronouns, the political uses of language, radical politics on university campuses, and why learning can be painful with Joanna Baron, Runnymede Society Director. Video of Prof. Peterson's debate, with Prof. Bruce Pardy at Queen's University Faculty of Law, can be viewed here.