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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.
Episodes
2 days ago
2 days ago
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.
Monday Nov 11, 2024
Monday Nov 11, 2024
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.
Monday Nov 04, 2024
Monday Nov 04, 2024
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. Smith, [1987] 1 S.C.R. 1045
R. v. Nur, 2015 SCC 15, [2015] 1 S.C.R. 773
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.
Monday Oct 28, 2024
Monday Oct 28, 2024
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.
Monday Oct 21, 2024
Monday Oct 21, 2024
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
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.
Friday Dec 08, 2023
Friday Dec 08, 2023
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. Hape, [2007] 2 S.C.R. 292, 2007 SCC 26
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!
Friday Nov 10, 2023
Friday Nov 10, 2023
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!
Friday Oct 27, 2023
Friday Oct 27, 2023
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
- Asper Centre’s 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 contributing to your local food bank.
Thank you to our dedicated listeners!
Friday Oct 13, 2023
Friday Oct 13, 2023
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
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
Lalonde v. Health Restructuring (2001), 153 O.A.C. 1 (CA) (the “Montfort Hospital case”)
Indigenous Languages Act S.C. 2019, c. 23
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!
Friday Sep 29, 2023
Friday Sep 29, 2023
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!