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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
Nov 10, 2023
Nov 10, 2023
59 min
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!
Oct 27, 2023
Oct 27, 2023
1hr 11 min
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!
Oct 13, 2023
Oct 13, 2023
1hr 32 min
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!
Sep 29, 2023
Sep 29, 2023
1hr 32 min
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!
Dec 12, 2022
Dec 12, 2022
1hr 1 min
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.
Dec 5, 2022
Dec 5, 2022
1hr 10 min
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.
Nov 28, 2022
Nov 28, 2022
1hr 2 min
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.
Oct 21, 2022
Oct 21, 2022
1hr 34 min
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.
Sep 23, 2022
Sep 23, 2022
1hr 57 sec
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!
Dec 17, 2021
Dec 17, 2021
1hr 4 min
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!