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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
Monday Dec 12, 2022
Monday Dec 12, 2022
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:
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.
Monday Dec 05, 2022
Monday Dec 05, 2022
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
Slaight Communications Inc. v. Davidson, [1989] 1 SCR 1038
Reference re Secession of Quebec, [1998] 2 SCR 217
UK Supreme Court judgment on Scottish independence referendum
Sources of International Law:
International Covenant on Civil and Political Rights (ICCPR)
International Covenant on Economic, Social and Cultural Rights (ICESCR)
Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment
The Convention on the Elimination of All Forms of Discrimination against Women (CEDAW)
UN Declaration on the Rights of Indigenous Peoples
Universal Declaration of Human Rights
UN Convention on the Rights of the Child
Organizations:
History of Mr. Diefenbaker introducing the Bill of Rights and the House of Commons debates
International Human Rights Program (IHRP)
Justice for Children and Youth
About the Asper Centre
The Asper Centre, a part of the University of Toronto’s Faculty of Law since 2008, is devoted to realizing constitutional rights through advocacy, research and education. The Centre aims to play a vital role in articulating Canada’s constitutional vision to the broader world. The cornerstone of the Centre is a legal clinic that brings together students, faculty and members of the bar to work on significant constitutional cases and advocacy initiatives. The Centre was established through a generous gift from U of T law alumnus David Asper (LLM ’07).
Thank You’s
Charter: A Course is proudly sponsored by the University of Toronto’s affinity partner TD Insurance. We would like to thank our sponsor, and you can discover the benefits of affinity products at bit.ly/affinity-offers.
We would like to thank the creators of our theme music for Charter: A Course. Constitutional law professor Howie Kislowicz and law professor Rob Currie gave us the licence to use their constitutional law shanty in exchange for a donation to the Calgary Food Bank. The song’s performers are: Vanessa Carroll, Rob Currie, Howie Kislowicz, Avinash Kowshik, Anna Lund, Patricia Paradis, Elin Sigurdson, Lyle Skinner, and Dave Wright. You can listen to the entire shanty here: Charter a Course. Please consider contributing to your local food bank!
Thank you to Marisa Benjamin, JD student at the University of Toronto Faculty of Law and Asper Centre Research Assistant, for her contributions to the production of this episode.
Thank you to our wonderful guests on this episode: Gib van Ert and Cory Wanless!
Thank you to our audio editor Liam Morrison of Bell Room Media Solutions.
Monday Nov 28, 2022
Monday Nov 28, 2022
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:
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
HIV & AIDS Legal Clinic Ontario (HALCO)
Income Security Advocacy Centre (ISAC)
Migrant Workers Alliance for Change
About the Asper Centre
The Asper Centre, a part of the University of Toronto’s Faculty of Law since 2008, is devoted to realizing constitutional rights through advocacy, research and education. The Centre aims to play a vital role in articulating Canada’s constitutional vision to the broader world. The cornerstone of the Centre is a legal clinic that brings together students, faculty and members of the bar to work on significant constitutional cases and advocacy initiatives. The Centre was established through a generous gift from U of T law alumnus David Asper (LLM ’07).
Thank You’s
Charter: A Course is proudly sponsored by the University of Toronto’s affinity partner TD Insurance. We would like to thank our sponsor, and you can discover the benefits of affinity products at bit.ly/affinity-offers.
We would like to thank the creators of our theme music for Charter: A Course. Constitutional law professor Howie Kislowicz and law professor Rob Currie gave us the licence to use their constitutional law shanty in exchange for a donation to the Calgary Food Bank. The song’s performers are: Vanessa Carroll, Rob Currie, Howie Kislowicz, Avinash Kowshik, Anna Lund, Patricia Paradis, Elin Sigurdson, Lyle Skinner, and Dave Wright. You can listen to the entire shanty here: Charter a Course. Please consider contributing to your local food bank!
Thank you to Caitlin Salvino and Marisa Benjamin, JD students at the University of Toronto Faculty of Law and Asper Centre research assistants, for their contributions to the production of this episode.
Thank you to our wonderful guests on this episode, Martha Jackman, Bruce Porter, and Jackie Esmonde!
Thank you to our audio editor Liam Morrison of Bell Room Media Solutions.
Monday Nov 21, 2022
Monday Nov 21, 2022
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:
Black Lives Matter protest in the pride parade in Toronto
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
Sara Slinn, Associate Professor at Osgoode
About the Asper Centre
The Asper Centre, a part of the University of Toronto’s Faculty of Law since 2008, is devoted to realizing constitutional rights through advocacy, research and education. The Centre aims to play a vital role in articulating Canada’s constitutional vision to the broader world. The cornerstone of the Centre is a legal clinic that brings together students, faculty and members of the bar to work on significant constitutional cases and advocacy initiatives. The Centre was established through a generous gift from U of T law alumnus David Asper (LLM ’07).
Thank You’s
Charter: A Course is proudly sponsored by the University of Toronto’s affinity partner TD Insurance. We would like to thank our sponsor, and you can discover the benefits of affinity products at bit.ly/affinity-offers.
We would like to thank the creators of our theme music for Charter: A Course. Constitutional law professor Howie Kislowicz and law professor Rob Currie gave us the licence to use their constitutional law shanty in exchange for a donation to the Calgary Food Bank. The song’s performers are: Vanessa Carroll, Rob Currie, Howie Kislowicz, Avinash Kowshik, Anna Lund, Patricia Paradis, Elin Sigurdson, Lyle Skinner, and Dave Wright. You can listen to the entire shanty here: Charter a Course. Please consider contributing to your local food bank!
Thank you to Marisa Benjamin and to David McQuillan, JD students at the University of Toronto Faculty of Law and Asper Centre Research Assistants, for their contributions to the production of this episode.
Thank you to our wonderful guests on this episode: Martha Jackman, Bruce Porter and Steven Barrett!
Thank you to our audio editor Liam Morrison of Bell Room Media Solutions.
Friday Oct 21, 2022
Friday Oct 21, 2022
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
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
Additional Links:
- Accessibility for Ontarians with Disabilities Act Alliance (Twitter: @aodaalliance)
- Women in Canadian Criminal Defence (Twitter: @WICCD_Canada)
- Ontario Courts Accessibility Committee’s online Survey of Accessibility for People with Disabilities in Ministry Courts: https://www.surveymonkey.com/r/OCACSurveyEN
- Lambda Legal (Twitter: @LAMDACANADA)
- Canadian Association of Lawyers with Disabilities Facebook Group
- David Lepofsky’s lectures on Advocating for Disability Rights
- David Lepofsky's Twitter: @DavidLepofsky
- Anita Szigeti’s Twitter: @pouchbaby
- Anita Szigeti’s 2020 book: A Guide to Mental Disorder Law in Canadian Criminal Justice (LexisNexis)
- Anita Szigeti’s 2023 book: Law and Mental Health in Canada Cases and Materials (LexisNexis)
- David Lepofsky’s upcoming journal article in the Windsor Yearbook on Access to Justice: People 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 aims to play a vital role in articulating Canada’s constitutional vision to the broader world. The cornerstone of the Centre is a legal clinic that brings together students, faculty and members of the bar to work on significant constitutional cases and advocacy initiatives. The Centre was established through a generous gift from U of T law alumnus David Asper (LLM ’07).
Thank You’s
Charter: A Course is proudly sponsored by the University of Toronto’s affinity partner TD Insurance. We would like to thank our sponsor, and you can discover the benefits of affinity products at bit.ly/affinity-offers.
We would like to thank the creators of our theme music for Charter: A Course. Constitutional law professor Howie Kislowicz and law professor Rob Currie gave us the licence to use their constitutional law shanty in exchange for a donation to the Calgary Food Bank. The song’s performers are: Vanessa Carroll, Rob Currie, Howie Kislowicz, Avinash Kowshik, Anna Lund, Patricia Paradis, Elin Sigurdson, Lyle Skinner, and Dave Wright. You can listen to the entire shanty here: Charter a Course. Please consider contributing to your local food bank!
Thank you to Caitlin Salvino, JD student at the University of Toronto Faculty of Law and Asper Centre 2022 Summer Research Assistant, for her major contributions to the production of this episode and for taking on the hosting duties in this episode’s Practice Corner! Thank you also to Marisa Benjamin, JD student at the University of Toronto Faculty of Law and Asper Centre research assistant for her additional help in producing this episode.
Thank you to our incredible guests on this episode: David Lepofsky, Anita Szigeti and Stephen Aylward!
Thank you to our audio editor Liam Morrison of Bell Room Media Solutions.
Friday Oct 07, 2022
Friday Oct 07, 2022
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!
Friday Sep 23, 2022
Friday Sep 23, 2022
About the Series
Charter: A Course is a podcast created by the David Asper Centre for Constitutional Rights (the Asper Centre) and hosted by the Asper Centre’s Executive Director Cheryl Milne.
Charter: A Course focuses on Canadian constitutional law and litigation. In each episode, we highlight the accomplishments of U of T Law’s faculty and alumni involved in leading constitutional cases and issues. Each episode also includes a “Practice Corner,” where we talk about the ins and outs of what it means to be a constitutional litigator.
Whether you are a law student, a lawyer, or just an interested person, we hope that you learn about an aspect of constitutional law and litigation that interests you in our podcast.
Show Notes
This episode focuses on section 28 of the Canadian Charter of Rights and Freedoms, which states that notwithstanding anything in the Charter, the rights and freedoms referred to in it are guaranteed equally to male and female persons.
With the help of our distinguished guest Professor Kerri Froc we trace the history of Section 28 and its questionable usage in jurisprudence, before discussing how a case currently making its way to the Quebec Court of Appeal may provide an opportunity for Section 28 to truly shine for the first time.
In the Practice Corner, Professor Martha Jackman tells us about Feminist Law Reform 101, a free online course designed to provide the tools to teach and inspire a new generation of feminist legal advocates like the ones who brought Section 28 into being.
Find a full transcript of this episode HERE.
Case Links
In this episode, the following cases were discussed:
Bliss v Canada (AG) [1979] 1 SCR 183
Canada (AG) v Lavell, [1974] SCR 1349
Andrews v Law Society of British Columbia, [1989] 1 SCR 143
R v Hess; R v Nguyen, [1990] 2 SCR 906
Blainey v Ontario Hockey Association (1986) 54 OR (2d) 513
Newfoundland (Treasury Board) v. N.A.P.E., [2004] 3 SCR 381, 2004 SCC 66
Centrale des syndicats du Québec v. Quebec (Attorney General), 2018 SCC 18, [2018] 1 SCR 522
Hak c. Procureure générale du Québec, 2019 QCCS 2989
Kerri Froc’s new article:
Froc, Kerri, A Law in Rupture: Section 28, Equal Rights, and the Constitutionality of Québec's Bill 21 Religious Symbols Ban (July 24, 2022). "The Surprising Constitution," edited by Howard Kislowicz, Richard Moon and Kerri Froc. https://papers.ssrn.com/sol3/papers.cfm?abstract_id=4171256
NAWL Feminist Law Reform 101 Course:
https://nawl.ca/feminist-law-reform-101/
About the Asper Centre
The Asper Centre, a part of the University of Toronto’s Faculty of Law since 2008, is devoted to realizing constitutional rights through advocacy, research and education. The Centre aims to play a vital role in articulating Canada’s constitutional vision to the broader world. The cornerstone of the Centre is a legal clinic that brings together students, faculty and members of the bar to work on significant constitutional cases and advocacy initiatives. The Centre was established through a generous gift from U of T law alumnus David Asper (LLM ’07).
Thank You’s
Charter: A Course is proudly sponsored by the University of Toronto’s affinity partner TD Insurance. We would like to thank our sponsor, and you can discover the benefits of affinity products at bit.ly/affinity-offers.
We would like to thank the creators of our theme music for Charter: A Course. Constitutional law professor Howie Kislowicz and law professor Rob Currie gave us the licence to use their constitutional law shanty in exchange for a donation to the Calgary Food Bank. The song’s performers are: Vanessa Carroll, Rob Currie, Howie Kislowicz, Avinash Kowshik, Anna Lund, Patricia Paradis, Elin Sigurdson, Lyle Skinner, and Dave Wright. You can listen to the entire shanty here: Charter a Course. Please consider contributing to your local food bank!
Thank you to Kathryn Mullins, JD student at the University of Toronto Faculty of Law and Asper Centre Summer Research Assistant, for her contributions to the production of this episode.
Thank you to our wonderful guests on this episode, Professors Kerri Froc and Martha Jackman!
Thank you to our audio editor Liam Morrison of Bell Room Media Solutions.
Lastly, we are very grateful to you, our listeners, for taking the time to join us on as we continue to Charter a course into podcasting!
Friday Dec 17, 2021
Friday Dec 17, 2021
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
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
Kahkewistahaw First Nation v. Taypotat, 2015 SCC 30 (CanLII), [2015] 2 SCR 548
R. v. Gladue, 1999 CanLII 679 (SCC), [1999] 1 SCR 68
R. v. Ipeelee, 2012 SCC 13 (CanLII), [2012] 1 SCR 433
R. v. Sharma, 2020 ONCA 478 (CanLII)
About the Asper Centre
The Asper Centre, a part of the University of Toronto’s Faculty of Law since 2008, is devoted to realizing constitutional rights through advocacy, research and education. The Centre aims to play a vital role in articulating Canada’s constitutional vision to the broader world. The cornerstone of the Centre is a legal clinic that brings together students, faculty and members of the bar to work on significant constitutional cases and advocacy initiatives. The Centre was established through a generous gift from U of T law alumnus David Asper (LLM ’07).
Thank You’s
Charter: A Course is proudly sponsored by the University of Toronto’s affinity partners: MBNA and TD Insurance. We would like to thank each of our sponsors, and you can discover the benefits of affinity products at bit.ly/affinity-offers.
We would like to thank the creators of our theme music for Charter: A Course. Constitutional law professor Howie Kislowicz and law professor Rob Currie gave us the licence to use their constitutional law shanty in exchange for a donation to the Calgary Food Bank. The song’s performers are: Vanessa Carroll, Rob Currie, Howie Kislowicz, Avinash Kowshik, Anna Lund, Patricia Paradis, Elin Sigurdson, Lyle Skinner, and Dave Wright. You can listen to the entire shanty here: Charter a Course. Please consider contributing to your local food bank!
Thank you to Flint Patterson, JD student at the University of Toronto Faculty of Law, for his contributions to the production of this episode.
Thank you to our wonderful guests on this episode, Mary Eberts and Jonathan Rudin!
Thank you to our audio editor Liam Morrison of Bell Room Media Solutions.
Lastly, we are very grateful to you, our listeners, for taking the time to join us on this voyage as we charter a course into podcasting!
Friday Nov 26, 2021
Friday Nov 26, 2021
About the Series
Charter: A Course is a podcast created by the David Asper Centre for Constitutional Rights (the Asper Centre) and hosted by the Asper Centre’s Executive Director Cheryl Milne.
Charter: A Course focuses on Canadian constitutional law and litigation. In each episode, we highlight the accomplishments of U of T Law’s faculty and alumni involved in leading constitutional cases and issues. Each episode also includes a “Practice Corner,” where we talk about the ins and outs of what it means to be a constitutional litigator.
Whether you are a law student, a lawyer, or just an interested person, we hope that you learn about an aspect of constitutional law and litigation that interests you in our podcast.
Episode 5 Show Notes
Section 7 of the Canadian Charter of Rights and Freedoms guarantees that every person has the right to life, liberty, and security of the person, except in accordance with the principles of fundamental justice.
This episode focuses on s. 7 of the Charter, climate change litigation and constitutional remedies in these cases.
In this episode, we speak with lawyer and former Constitutional Litigator-in-Residence at the Asper Centre, Nader Hasan about the meaning and purpose of section 7 in the context of climate change and government action/inaction, and as it relates to protecting the environment for future generations. Nader is legal counsel for the applicants in the Mathur v Ontario climate change litigation (see case link below), which he discusses in this episode.
In this episode’s “Practice Corner”(starting at 38:30), we speak with University of Toronto Faculty of Law Professor Kent Roach about constitutional remedies as a core aspect of charter litigation. Kent is the author of Constitutional Remedies in Canada (Carswell, 2013) and has recently published an article on judicial remedies in climate change litigation internationally.
Find a full transcript of this episode HERE.
Case Links
In this episode, the following cases were discussed:
Gosselin v. Québec (Attorney General), 2002 SCC 84 (CanLII)
Mathur v. Ontario, 2020 ONSC 6918
La Rose v Her Majesty the Queen 2020 FC 1008
Urgenda Foundation v. State of the Netherlands, 2015
Tanudjaja v. Canada (Attorney General), 2014 ONCA 852 (CanLII)
Doucet-Boudreau v. Nova Scotia (Minister of Education), 2003 SCC 62 (CanLII)
About the Asper Centre
The Asper Centre, a part of the University of Toronto’s Faculty of Law since 2008, is devoted to realizing constitutional rights through advocacy, research and education. The Centre aims to play a vital role in articulating Canada’s constitutional vision to the broader world. The cornerstone of the Centre is a legal clinic that brings together students, faculty and members of the bar to work on significant constitutional cases and advocacy initiatives. The Centre was established through a generous gift from U of T law alumnus David Asper (LLM ’07).
Thank You’s
Charter: A Course is proudly sponsored by the University of Toronto’s affinity partners: MBNA and TD Insurance. We would like to thank each of our sponsors, and you can discover the benefits of affinity products at bit.ly/affinity-offers.
We would like to thank the creators of our theme music for Charter: A Course. Constitutional law professor Howie Kislowicz and law professor Rob Currie gave us the licence to use their constitutional law shanty in exchange for a donation to the Calgary Food Bank. The song’s performers are: Vanessa Carroll, Rob Currie, Howie Kislowicz, Avinash Kowshik, Anna Lund, Patricia Paradis, Elin Sigurdson, Lyle Skinner, and Dave Wright. You can listen to the entire shanty here: Charter a Course. Please consider contributing to your local food bank!
Thank you to Szymon Rodomar and Flint Patterson, JD students at the U of T Faculty of Law, for their immense contributions to the production of this episode.
Thank you to our wonderful guests on this episode, Nader Hasan and Professor Kent Roach!
Thank you to our audio editor Liam Morrison of Bell Room Media Solutions.
Lastly, we are very grateful to you, our listeners, for taking the time to join us on this voyage as we charter a course into podcasting!
Friday Nov 12, 2021
Friday Nov 12, 2021
About the Series
Charter: A Course is a podcast created by the David Asper Centre for Constitutional Rights (the Asper Centre) and hosted by the Asper Centre’s Executive Director Cheryl Milne.
Charter: A Course focuses on Canadian constitutional law and litigation. In each episode, we highlight the accomplishments of U of T Law’s faculty and alumni involved in leading constitutional cases and issues. Each episode also includes a “Practice Corner,” where we talk about the ins and outs of what it means to be a constitutional litigator.
Whether you are a law student, a lawyer, or just an interested person, we hope that you learn about an aspect of constitutional law and litigation that interests you in our podcast.
Show Notes
This episode focuses on freedom of religion and the role of interveners in landmark cases concerning religious freedom.
Section 2 of the Charter sets out that everyone has four fundamental freedoms, one of which is freedom of conscience and religion in clause 2(a). In this episode, we learn about the different ways in which the court has viewed freedom of religion in the past and the implications of those different views, from University of Calgary Professor Howard Kislowicz. We also hear from Howie about the extent to which interveners can be said to have improved the quality of court decisions, concerning freedom of religion, and the extent to which interveners can be said to have promoted the legitimacy and acceptability of those decisions.
In this episode’s Practice Corner, we talk about the process and practice of intervening in appeals at the Supreme Court of Canada with lawyer, Adriel Weaver.
Find a full transcript of this episode HERE.
Time Markers
Due to the extended length of this episode (the content was too compelling to cut down!) we’re happy to include the following “time markers” to allow the listener to easily find specific segments of the conversation:
At 3:13, Howie and Cheryl discuss Howie’s musical endeavours including how he created the theme song to our podcast, Charter: A Course.
At 7:59, Howie’s discussion about Freedom of Religion cases begins
At 12:41 the cross-cultural communication aspect in these cases is discussed
At 15:50 the Multani case
At 18:05 the Amselem case
At 21:53 the Hutterian Brethren case
At 36:20 the Ktunaxa Nation case
At 46:09 discussion about Howie’s research on the impact of interveners in religious freedom cases
At 59:13 “Practice Corner” segment with Adriel Weaver on the practice and process of interventions in constitutional litigation begins
At 59:59 the Trinity Western cases
At 1:09:48 the purpose of interveners; written vs oral submissions
At 1:12:37 the Sharma case; trial level vs appellate court interventions
At 1:15:41 key practice tips essential to a good intervention
At 1:17:20 Asper Centre intervention in the Bedford case
At 1:19:55 Intervention by EGALE in Egan case
At 1:21:45 the 10-page factum and 5-minute submissions by interveners
Case Links
In this episode, the following cases were discussed:
Trinity Western University v. Law Society of Upper Canada, 2018 SCC 33 (CanLII)
Multani v. Commission scolaire Marguerite-Bourgeoys, 2006 SCC 6 (CanLII)
Syndicat Northcrest v. Amselem, 2004 SCC 47 (CanLII)
Alberta v. Hutterian Brethren of Wilson Colony, 2009 SCC 37 (CanLII)
R v. Oakes, 1986 CanLII 46 (SCC)
R v. Sharma, 2020 ONCA 478 (CanLII)
Canada (Attorney General) v. Bedford, 2013 SCC 72 (CanLII)
Egan v. Canada, 1995 CanLII 98 (SCC)
About the Asper Centre
The Asper Centre, a part of the University of Toronto’s Faculty of Law since 2008, is devoted to realizing constitutional rights through advocacy, research and education. The Centre aims to play a vital role in articulating Canada’s constitutional vision to the broader world. The cornerstone of the Centre is a legal clinic that brings together students, faculty and members of the bar to work on significant constitutional cases and advocacy initiatives. The Centre was established through a generous gift from U of T law alumnus David Asper (LLM ’07).
Thank You’s
Charter: A Course is proudly sponsored by the University of Toronto’s affinity partners: MBNA and TD Insurance. We would like to thank each of our sponsors, and you can discover the benefits of affinity products at bit.ly/affinity-offers.
We would like to thank the creators of our theme music for Charter: A Course. Constitutional law professor Howie Kislowicz and law professor Rob Currie gave us the licence to use their constitutional law shanty in exchange for a donation to the Calgary Food Bank. The song’s performers are: Vanessa Carroll, Rob Currie, Howie Kislowicz, Avinash Kowshik, Anna Lund, Patricia Paradis, Elin Sigurdson, Lyle Skinner, and Dave Wright. You can listen to the entire shanty here: Charter a Course. Please consider contributing to your local food bank!
Thank you to Szymon Rodomar and Flint Patterson, JD students at the U of T Faculty of Law, for their immense contributions to the production of this episode.
Thank you to our wonderful guests on this episode, Howie Kislowicz and Adriel Weaver!
Thank you to our audio editor Liam Morrison of Bell Room Media Solutions.
Lastly, we are very grateful to you, our listeners, for taking the time to join us on this voyage as we charter a course into podcasting!