By David Asper Center for Constitutional Rights
5
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The podcast currently has 18 episodes available.
About the Series
Charter: A Course is a podcast created by the David Asper Centre for Constitutional Rights (the Asper Centre) and hosted by the Asper Centre’s Executive Director Cheryl Milne.
Charter: A Course focuses on leading Canadian constitutional cases and current constitutional law issues, highlighting strategic aspects of constitutional litigation and exploring what it’s like to practice in this area of law in our Practice Corner segment.
Whether you are a law student, a lawyer, or just an interested person, we hope that you learn about an aspect of constitutional law and litigation that interests you in our podcast.
Show Notes
This final episode of Season 3 is a special episode, which departs from our usual style and focus in each regular episode on a different Canadian Constitutional law issue or Charter right.
The Asper Centre recently marked its 15th anniversary and to celebrate, we convened a live recording of this podcast, with the “tables turned” to start, and with several special guests.
In the first half of the episode, U of T Law’s Dean Jutta Brunnée interviews our podcast host and Asper Centre Executive Director, Cheryl Milne. And, in the second half of the podcast, the Asper Centre’s current Constitutional Litigator in Residence, Ewa Krajewska interviews the following Asper Centre alumni, who discuss their experiences with the Asper Centre and their current legal practices: Neil Abraham (JD 2016), Geetha Phillipupulai (JD 2017), Keely Kinley (JD 2021), and Ryan Deshpande (JD 2021), who is counsel in the Litigation, Extradition, and Advisory Division at the Toronto office of the Department of Justice Canada.
Listen to this episode to learn more about the breadth of work that the Asper Centre has undertaken over the past 15 years and its vision for the future.
Find a FULL transcript of this episode HERE.
Case Links and other Resources
In this episode, the following cases in which the Asper Centre has intervened and Annual Report were discussed:
Asper Centre 2022-2023 ANNUAL REPORT
R. v. Conway, 2010 SCC 22, [2010] 1 S.C.R. 765
Canada (Attorney General) v. Bedford, 2013 SCC 72, [2013] 3 S.C.R. 1101
Carter v. Canada (Attorney General), 2015 SCC 5, [2015] 1 S.C.R. 331
Ontario (Attorney General) v. G, 2020 SCC 38, [2020] 3 S.C.R. 629
Canadian Council for Refugees v. Canada (Citizenship and Immigration), 2023 SCC 17
R. v. McGregor, 2023 SCC 4
R. v. Hape, [2007] 2 S.C.R. 292, 2007 SCC 26
Mathur v Ontario
Attorney General of Canada v. Joseph Power
Her Majesty the Queen v Kevin Morris
About the Asper Centre
The Asper Centre, a part of the University of Toronto’s Faculty of Law since 2008, is devoted to realizing constitutional rights through advocacy, research and education. The Centre aims to play a vital role in articulating Canada’s constitutional vision to the broader world. The cornerstone of the Centre is a legal clinic that brings together students, faculty and members of the bar to work on significant constitutional cases and advocacy initiatives. The Centre was established through a generous gift from U of T law alumnus David Asper (LLM ’07).
Thank You’s
Thank you to our wonderful guests and special “guest-hosts” on this episode: Dean Jutta Brunée, Ewa Krajewska, Neil Abraham, Geetha Phillipupulai, Keely Kinley and Ryan Deshpande.
Thank you for the audio recording services of U of T’s Media Production Services. And, thank you to our wonderful audio editor Liam Morrison of Bell Room Media Solutions.
Thank you to the creators of our theme music, Charter: A Course! During the pre-production of our first season of the podcast in 2021, Constitutional law professor Howie Kislowicz and law professor Rob Currie gave us the licence to use their constitutional law shanty in exchange for a donation to the Calgary Food Bank. The song’s performers are Vanessa Carroll, Rob Currie, Howie Kislowicz, Avinash Kowshik, Anna Lund, Patricia Paradis, Elin Sigurdson, Lyle Skinner, and Dave Wright. You 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!
About the Series
Charter: A Course is a podcast created by the David Asper Centre for Constitutional Rights (the Asper Centre) and hosted by the Asper Centre’s Executive Director Cheryl Milne.
Charter: A Course focuses on leading Canadian constitutional cases and current constitutional law issues, highlighting strategic aspects of constitutional litigation and exploring what it’s like to practice in this area of law in our Practice Corner segment.
Whether you are a law student, a lawyer, or just an interested person, we hope that you learn about an aspect of constitutional law and litigation that interests you in our podcast.
Show Notes
This episode focuses on mobility rights in Canada. Mobility rights are enshrined in section 6 of the Charter of Rights and Freedoms and include the right to individual mobility, as well as the right to economic mobility, such as the right to pursue a livelihood in any province.
This episode will focus on individual mobility and the fundamental rights to enter, remain, move throughout, and leave Canada.
To help us unpack the meaning and extent of mobility rights under the Charter, we are joined by our guests Barbara Jackman and Paul Champ in the “Practice Corner.”
Find a FULL transcript of this episode HERE.
Case Links and other Resources
In this episode, the following cases, factum and paper were discussed:
Kamel v Canada (Attorney General) et al.. (2013) 448 N.R. 217 (FCA) (link to Supreme Court docket for leave to appeal, but Court denied leave)
Abdelrazik v. Canada (Minister of Foreign Affairs) (F.C.)
United States of America v. Cotroni [1989] 1 SCR 1469
Divito v. Canada (Public Safety and Emergency Preparedness) 2013 SCC 47
Canada v. Boloh 1(A), 2023 FCA 60 (CanLII)
Taylor v. Newfoundland and Labrador, 2020 NLSC 125 (CanLII)
About the Asper Centre
The Asper Centre, a part of the University of Toronto’s Faculty of Law since 2008, is devoted to realizing constitutional rights through advocacy, research and education. The Centre aims to play a vital role in articulating Canada’s constitutional vision to the broader world. The cornerstone of the Centre is a legal clinic that brings together students, faculty and members of the bar to work on significant constitutional cases and advocacy initiatives. The Centre was established through a generous gift from U of T law alumnus David Asper (LLM ’07).
Thank You’s
Thank you to our wonderful guests on this episode, Barbara Jackman and Paul Champ!
Thank you to University of Toronto Faculty of Law JD student Daniel Kiesman, who helped with the production of this episode.
Thank you to our audio editor Liam Morrison of Bell Room Media Solutions.
Thank you to the creators of our theme music, Charter: A Course! Constitutional law professor Howie Kislowicz and law professor Rob Currie gave us the licence to use their constitutional law shanty in exchange for a donation to the Calgary Food Bank. The song’s performers are Vanessa Carroll, Rob Currie, Howie Kislowicz, Avinash Kowshik, Anna Lund, Patricia Paradis, Elin Sigurdson, Lyle Skinner, and Dave Wright. You can listen to the entire shanty here: Charter a Course. Please consider contributing to your local food bank.
Thank you to our dedicated listeners!
About the Series
Charter: A Course is a podcast created by the David Asper Centre for Constitutional Rights (the Asper Centre) and hosted by the Asper Centre’s Executive Director Cheryl Milne.
Charter: A Course focuses on leading Canadian constitutional cases and current constitutional law issues, highlighting strategic aspects of constitutional litigation and exploring what it’s like to practice in this area of law in our Practice Corner segment.
Whether you are a law student, a lawyer, or just an interested person, we hope that you learn about an aspect of constitutional law and litigation that interests you in our podcast.
Show Notes
This episode focuses on Charter values, which in recent years have gained some traction in Canadian law. With the help of our guest, Prof Richard Stacey, we examine how courts have sought to define Charter values and in what judicial context they arise. We explore when courts are obligated to consider these values and consider the challenges associated with doing so.
In this episode’s Practice Corner, we speak with lawyer Matthew Horner, on his experiences of practicing in the area of administrative law, where Charter values sometimes find their home.
Find a FULL transcript of this episode HERE.
Case Links and other Resources
In this episode, the following cases, factum and paper were discussed:
R v. Oakes, [1986] 1 S.C.R. 103
Reference re Secession of Quebec, [1998] 2 S.C.R. 217
Toronto (City) v. Ontario (Attorney General), 2021 SCC 34
Doré v. Barreau du Québec, 2012 SCC 12, [2012] 1 S.C.R. 395
Loyola High School v. Quebec (Attorney General), 2015 SCC 12, [2015] 1 S.C.R. 613
Law Society of British Columbia v. Trinity Western University, 2018 SCC 32, [2018] 2 S.C.R. 293
Carter v. Canada (Attorney General), 2015 SCC 5, [2015] 1 S.C.R. 331
R. v .Keegstra, [1990] 3 S.C.R. 697
RJR-MacDonald Inc. v. Canada (Attorney General) [1995] 3 S.C.R.
York Region District School Board v. Elementary Teachers' Federation of Ontario
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!
About the Series
Charter: A Course is a podcast created by the David Asper Centre for Constitutional Rights (the Asper Centre) and hosted by the Asper Centre’s Executive Director Cheryl Milne.
Charter: A Course focuses on leading Canadian constitutional cases and current constitutional law issues, highlighting strategic aspects of constitutional litigation and exploring what it’s like to practice in this area of law in our Practice Corner segment.
Whether you are a law student, a lawyer, or just an interested person, we hope that you learn about an aspect of constitutional law and litigation that interests you in our podcast.
Show Notes
With the help of Professor François Larocque, in this episode we explore how the Charter interacts with and protects minority language rights.
Sections 16 to 22 of the Charter provide that the settler languages of English and French are the official languages of Canada. They also explain how various public institutions are required to communicate with Canadians in the official language of their choice. Section 23 of the Charter provides that Canadian citizens and their children have the right to be educated in either English or French. In addition, sections 2(b) and 15 of the Charter may also protect language rights more broadly by guaranteeing freedom of expression and equality.
In this episode’s Practice Corner, we speak with lawyer Aria Laskin, who provides an overview of how Indigenous minority languages interact with the Charter and Section 35 of our Constitution.
Find a FULL transcript of this episode HERE.
Case Links and other Resources
In this episode, the following cases and laws were discussed:
Société des Acadiens v. Association of Parents, [1986] 1 S.C.R. 549
Conseil Scolaire francophone de la Colombie-Britannique v. British Columbia, 2020 SCC 13, [2020] 1 S.C.R. 678
Mahe v. Alberta, [1990] 1 S.C.R. 342
Doucet-Boudreau v. Nova Scotia (Minister of Education), [2003] 3 S.C.R. 3, 2003 SCC 62
Arsenault-Cameron v. Prince Edward Island, [2000] 1 S.C.R. 3
Newfoundland (Treasury Board) v. N.A.P.E., [2004] 3 S.C.R. 381, 2004 SCC 66
Bill C-13: An Act to amend the Official Languages Act, to enact the Use of French in Federally Regulated Private Businesses Act and to make related amendments to other Acts
Lalonde v. Health Restructuring (2001), 153 O.A.C. 1 (CA) (the “Montfort Hospital case”)
Mazraani v. Industrial Alliance Insurance and Financial Services Inc., 2018 SCC 50, [2018] 3 S.C.R. 261
Indigenous Languages Act S.C. 2019, c. 23
The Nunavut Agreement
Nunavut Tungavik, Inc., v. the Commissioner of Nunavut >> Read the public notice of this case here: https://www.tunngavik.com/news/nti-files-lawsuit-against-gn-for-violating-equality-rights-of-inuit-children-and-youth/
Eldridge v. British Columbia (Attorney General), [1997] 3 S.C.R. 624
About the Asper Centre
The Asper Centre, a part of the University of Toronto’s Faculty of Law since 2008, is devoted to realizing constitutional rights through advocacy, research and education. The Centre aims to play a vital role in articulating Canada’s constitutional vision to the broader world. The cornerstone of the Centre is a legal clinic that brings together students, faculty and members of the bar to work on significant constitutional cases and advocacy initiatives. The Centre was established through a generous gift from U of T law alumnus David Asper (LLM ’07).
Thank You’s
Thank you to our wonderful guests on this episode, Professor Francois Larocque and Ara Laskin!
Thank you to University of Toronto Faculty of Law JD student Emma Davies who helped with the production of this episode.
Thank you to our audio editor Liam Morrison of Bell Room Media Solutions.
Thank you to the creators of our podcast's theme music, Charter: A Course! Constitutional law professor Howie Kislowicz and law professor Rob Currie gave us the licence to use their constitutional law shanty in exchange for a donation to the Calgary Food Bank. The 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!
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.
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.
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
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 to our wonderful guests on this episode, Danardo Jones, Jilian Rogin and Teodora Pasca!
Thank you to University of Toronto Faculty of Law JD student Emily Chu, who helped with the production of this episode.
Thank you to our audio editor Liam Morrison of Bell Room Media Solutions.
Thank you to the creators of our theme music, Charter: A Course! Constitutional law professor Howie Kislowicz and law professor Rob Currie gave us the licence to use their constitutional law shanty in exchange for a donation to the Calgary Food Bank. The song’s performers are Vanessa Carroll, Rob Currie, Howie Kislowicz, Avinash Kowshik, Anna Lund, Patricia Paradis, Elin Sigurdson, Lyle Skinner, and Dave Wright. You can listen to the entire shanty here: Charter a Course. Please consider contributing to your local food bank.
Thank you to our dedicated listeners!
About the Series
Charter: A Course is a podcast created by the David Asper Centre for Constitutional Rights (the Asper Centre) and hosted by the Asper Centre’s Executive Director Cheryl Milne.
Charter: A Course focuses on Canadian constitutional law and litigation. In each episode, we highlight the accomplishments of U of T Law’s faculty and alumni involved in leading constitutional cases and issues. Each episode also includes a “Practice Corner,” where we talk about the ins and outs of what it means to be a constitutional litigator.
Whether you are a law student, a lawyer, or just an interested person, we hope that you learn about an aspect of constitutional law and litigation that interests you in our podcast.
Show Notes
With the help of our distinguished guest, Professor Michael Pal, we discuss the history of the right to vote in Canada. Looking at the jurisprudence on how certain groups gained the right to vote over time, we consider how democracy has evolved in our country, and the role courts must play in protecting this fundamental freedom.
In the episode’s Practice Corner, we speak with Diego Christiansen-Barker, Khadijat Dairo and Katie Yu, 3 of the youth litigants who are involved in a court challenge to help young people in Canada gain the right to vote.
Find a Full transcript of this episode HERE.
Case Links
In this episode, the following cases and statutes were discussed:
B.C. Freedom of Information and Privacy Association v. British Columbia (Attorney General), 2017 SCC 6
Fitzgerald v. Alta., 2004 ABCA 184
Frank v. Canada (Attorney General), 2019 SCC 1
Reference re Secession of Quebec, [1998] 2 SCR 217
Sauvé v. Canada (Chief Electoral Officer), 2002 SCC 68
Toronto (City) v. Ontario (Attorney General), 2021 SCC 34
Reference re Prov. Electoral Boundaries (Sask.), [1991] 2 SCR 158
Organizations:
Justice for Children and Youth
About the Asper Centre
The Asper Centre, a part of the University of Toronto’s Faculty of Law since 2008, is devoted to realizing constitutional rights through advocacy, research and education. The Centre aims to play a vital role in articulating Canada’s constitutional vision to the broader world. The cornerstone of the Centre is a legal clinic that brings together students, faculty and members of the bar to work on significant constitutional cases and advocacy initiatives. The Centre was established through a generous gift from U of T law alumnus David Asper (LLM ’07).
Thank You’s
Charter: A Course is proudly sponsored by the University of Toronto’s affinity partner TD Insurance. We would like to thank our sponsor, and you can discover the benefits of affinity products at bit.ly/affinity-offers
We would like to thank the creators of our theme music for Charter: A Course. Constitutional law professor Howie Kislowicz and law professor Rob Currie gave us the licence to use their constitutional law shanty in exchange for a donation to the Calgary Food Bank. The song’s performers are: Vanessa Carroll, Rob Currie, Howie Kislowicz, Avinash Kowshik, Anna Lund, Patricia Paradis, Elin Sigurdson, Lyle Skinner, and Dave Wright. You can listen to the entire shanty here: Charter a Course. Please consider contributing to your local food bank!
Thank you to Kathryn Mullins and Marisa Benjamin, JD students at the University of Toronto Faculty of Law, for their contributions to the production of this episode.
Thank you to our wonderful guests on this episode, Michael Pal, Diego Christiansen-Barker, Khadijat Dairo and Katie Yu!
Thank you to our audio editor Liam Morrison of Bell Room Media Solutions.
About the Series
Charter: A Course is a podcast created by the David Asper Centre for Constitutional Rights (the Asper Centre) and hosted by the Asper Centre’s Executive Director Cheryl Milne.
Charter: A Course focuses on Canadian constitutional law and litigation. In each episode, we highlight the accomplishments of U of T Law’s faculty and alumni involved in leading constitutional cases and issues. Each episode also includes a “Practice Corner,” where we talk about the ins and outs of what it means to be a constitutional litigator.
Whether you are a law student, a lawyer, or just an interested person, we hope that you learn about an aspect of constitutional law and litigation that interests you in our podcast.
Show Notes
How do Charter rights intersect with international law? With the help of our distinguished guest, Gib van Ert, we discuss the role of international law in Canadian constitutional litigation.
In this episode’s “Practice Corner,” lawyer and U of T Alumnus Cory Wanless discusses the ins and outs of litigating constitutional rights cases with international law components in Canadian courts.
Find a FULL TRANSCRIPT of this episode HERE.
Case Links
In this episode, the following cases and statutes were discussed:
Chevron Corp. v. Yaiguaje, 2015 SCC 42
Choc et al v. Hudbay Minerals Inc et al, 2013 ONSC 1414
Immigration and Refugee Protection Act (S.C. 2001, c. 27)
Nevsun Resources Ltd. v. Araya, 2020 SCC 5
Ordon Estate v. Grail, 1998 3 SCR 437
Quebec (Attorney General) v. 9147-0732 Québec inc., 2020 SCC 32
Reference Re Public Service Employee Relations Act (Alta.), [1987] 1 SCR 313
R. v. Hape, 2007 SCC 26
R. v. McGregor, 2020 CMAC 8
Slaight Communications Inc. v. Davidson, [1989] 1 SCR 1038
Reference re Secession of Quebec, [1998] 2 SCR 217
UK Supreme Court judgment on Scottish independence referendum
Sources of International Law:
International Covenant on Civil and Political Rights (ICCPR)
International Covenant on Economic, Social and Cultural Rights (ICESCR)
Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment
The Convention on the Elimination of All Forms of Discrimination against Women (CEDAW)
UN Declaration on the Rights of Indigenous Peoples
Universal Declaration of Human Rights
UN Convention on the Rights of the Child
Organizations:
History of Mr. Diefenbaker introducing the Bill of Rights and the House of Commons debates
International Human Rights Program (IHRP)
Justice for Children and Youth
About the Asper Centre
The Asper Centre, a part of the University of Toronto’s Faculty of Law since 2008, is devoted to realizing constitutional rights through advocacy, research and education. The Centre aims to play a vital role in articulating Canada’s constitutional vision to the broader world. The cornerstone of the Centre is a legal clinic that brings together students, faculty and members of the bar to work on significant constitutional cases and advocacy initiatives. The Centre was established through a generous gift from U of T law alumnus David Asper (LLM ’07).
Thank You’s
Charter: A Course is proudly sponsored by the University of Toronto’s affinity partner TD Insurance. We would like to thank our sponsor, and you can discover the benefits of affinity products at bit.ly/affinity-offers.
We would like to thank the creators of our theme music for Charter: A Course. Constitutional law professor Howie Kislowicz and law professor Rob Currie gave us the licence to use their constitutional law shanty in exchange for a donation to the Calgary Food Bank. The song’s performers are: Vanessa Carroll, Rob Currie, Howie Kislowicz, Avinash Kowshik, Anna Lund, Patricia Paradis, Elin Sigurdson, Lyle Skinner, and Dave Wright. You can listen to the entire shanty here: Charter a Course. Please consider contributing to your local food bank!
Thank you to Marisa Benjamin, JD student at the University of Toronto Faculty of Law and Asper Centre 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.
About the Series
Charter: A Course is a podcast created by the David Asper Centre for Constitutional Rights (the Asper Centre) and hosted by the Asper Centre’s Executive Director Cheryl Milne.
Charter: A Course focuses on Canadian constitutional law and litigation. In each episode, we highlight the accomplishments of U of T Law’s faculty and alumni involved in leading constitutional cases and issues. Each episode also includes a “Practice Corner,” where we talk about the ins and outs of what it means to be a constitutional litigator.
Whether you are a law student, a lawyer, or just an interested person, we hope that you learn about an aspect of constitutional law and litigation that interests you in our podcast.
Show Notes
With the help of our distinguished guests, Martha Jackman and Bruce Porter, we discuss whether socioeconomic rights are protected under the enumerated provisions of the Charter of Rights and Freedoms. We hear about what socioeconomic rights entail – like the right to food, housing, and a living wage - and consider whether these rights confer positive obligations on the government.
In the Practice Corner (at 39:56), Jackie Esmonde joins us to discuss her experience litigating cases about socioeconomic rights on behalf of clients and as an intervenor at the Supreme Court. We also learn about Jackie’s community-driven approach to practicing law and policy writing.
Find a FULL TRANSCRIPT of this episode HERE.
Case Links
In this episode, the following cases and statutes were discussed:
R. v. Boudreault, 2018 SCC 58
Canada (Attorney General) v. PHS Community Services Society, 2011 SCC 44
Cambie Surgeries Corporation v. British Columbia (Attorney General), 2022 BCCA 245
Chaoulli v. Quebec (Attorney General), 2005 SCC 35
Eldridge v. British Columbia (Attorney General), [1997] 3 SCR 624
New Brunswick (Minister of Health and Community Services) v. G. (J.), [1999] 3 SCR 46
Nevsun Resources Ltd. v. Araya 2020 SCC 5
Gosselin v. Québec (Attorney General), 2002 SCC 84
Slaight Communications Inc. v. Davidson, [1989] 1 SCR 1038
S.A. v. Metro Vancouver Housing Corp., 2019 SCC 4
Tanudjaja v. Can. (A.G.), 2014 ONCA 852
Toussaint v. Canada (Attorney General) 2022 ONSC 4747
Vriend v. Alberta, [1998] 1 SCR 493
Statutes:
International Covenant on Economic, Social and Cultural Rights
International Covenant on Civil and Political Rights
National Housing Strategy Act, S.C. 2019, c. 29, s. 313
UN Declaration on the Rights of Indigenous Peoples Implementation Act
The following organizations and lawyers were referenced:
Colour of Poverty – Colour of Change
Ewa Krajewska
FCJ Refugee Centre
HIV & AIDS Legal Clinic Ontario (HALCO)
Income Security Advocacy Centre (ISAC)
Migrant Workers Alliance for Change
Migrant Rights Network
Social Rights Advocacy Centre
About the Asper Centre
The Asper Centre, a part of the University of Toronto’s Faculty of Law since 2008, is devoted to realizing constitutional rights through advocacy, research and education. The Centre aims to play a vital role in articulating Canada’s constitutional vision to the broader world. The cornerstone of the Centre is a legal clinic that brings together students, faculty and members of the bar to work on significant constitutional cases and advocacy initiatives. The Centre was established through a generous gift from U of T law alumnus David Asper (LLM ’07).
Thank You’s
Charter: A Course is proudly sponsored by the University of Toronto’s affinity partner TD Insurance. We would like to thank our sponsor, and you can discover the benefits of affinity products at bit.ly/affinity-offers.
We would like to thank the creators of our theme music for Charter: A Course. Constitutional law professor Howie Kislowicz and law professor Rob Currie gave us the licence to use their constitutional law shanty in exchange for a donation to the Calgary Food Bank. The song’s performers are: Vanessa Carroll, Rob Currie, Howie Kislowicz, Avinash Kowshik, 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.
About the Series
Charter: A Course is a podcast created by the David Asper Centre for Constitutional Rights (the Asper Centre) and hosted by the Asper Centre’s Executive Director Cheryl Milne.
Charter: A Course focuses on Canadian constitutional law and litigation. In each episode, we highlight the accomplishments of U of T Law’s faculty and alumni involved in leading constitutional cases and issues. Each episode also includes a “Practice Corner,” where we talk about the ins and outs of what it means to be a constitutional litigator.
Whether you are a law student, a lawyer, or just an interested person, we hope that you learn about an aspect of constitutional law and litigation that interests you in our podcast.
Show Notes
With the help of our distinguished guests, Professor David Schneiderman and Professor Ashwini Vasanthakumar, we discuss how our section 2 freedoms – the freedom of expression, the freedom of association, and the freedom of assembly – protect our right to protest. Tracing the history of the right to protest up until some of the more recent instances of protests in this country, our guests share insights about the many moral and political purposes of this right in Canada.
In the Practice Corner, Steven Barrett, Managing Partner of Goldblatt Partners LLP, discusses the freedoms of expression, association, and assembly in the labour law context. We hear about the jurisprudence leading up to the Supreme Court’s recognition of a constitutional right to strike and discuss how the Charter is litigated in employment and labour disputes. We also hear more about Bill 28 and the provincial government’s use of the notwithstanding clause to limit the right to strike.
Find a FULL TRANSCRIPT of this episode HERE.
Case Links
In this episode, the following were discussed:
Cases:
Irwin Toy Ltd. v. Quebec (Attorney General), [1989] 1 SCR 927
Reference Re Public Service Employee Relations Act (Alta.), [1987] 1 SCR 313
British Columbia Teachers' Federation v. British Columbia, 2016 SCC 49
Dunmore v. Ontario (Attorney General), 2001 SCC 94
Health Services and Support - Facilities Subsector Bargaining Assn. v. British Columbia, 2007 SCC 27
Mounted Police Association of Ontario v. Canada (Attorney General), 2015 SCC 1
Ontario (Health) v. Association of Ontario Midwives, 2022 ONCA 458
Saskatchewan Federation of Labour v. Saskatchewan, 2015 SCC 4
OPSEU et al. v. Ontario 2016 ONSC 2197
Bills:
Bill 28, Keeping Students in Class Act, 2022
Bill 115, Putting Students First Act
Bill 124, Protecting a Sustainable Public Sector for Future Generations Act, 2019
Statutes:
International Labour Organization conventions and recommendations
Labour Relations Act, 1995, S.O. 1995, c. 1
Wagner Act, United States [1935]
The Declaration of the Rights of Man and of the Citizen, 1789
Protests:
G 20 Protests
Black Lives Matter protest in the pride parade in Toronto
Freedom convoys in 2022
Protests at Ferry Creek
Wet’suwet’en protests
APEC protests at UBC
Additional Resources:
"Investment Law's Alibis: Colonialism, Imperialism, Debt and Development" by David Schneiderman
"Freedom of Expression in Canada" by Kent Roach and David Schneiderman
"Red, White, and Kind of Blue?: The Conservatives and the Americanization of Canadian Constitutional Culture" by David Schneiderman
Sara Slinn, Associate Professor at Osgoode
Previous episode with Professor Lorraine Weinrib: "Section 33 of the Charter: The Notwithstanding Clause"
About the Asper Centre
The Asper Centre, a part of the University of Toronto’s Faculty of Law since 2008, is devoted to realizing constitutional rights through advocacy, research and education. The Centre aims to play a vital role in articulating Canada’s constitutional vision to the broader world. The cornerstone of the Centre is a legal clinic that brings together students, faculty and members of the bar to work on significant constitutional cases and advocacy initiatives. The Centre was established 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.
About the Series
Charter: A Course is a podcast created by the David Asper Centre for Constitutional Rights (the Asper Centre) and hosted by the Asper Centre’s Executive Director Cheryl Milne.
Charter: A Course focuses on Canadian constitutional law and litigation. In each episode, we highlight the accomplishments of U of T Law’s faculty and alumni involved in leading constitutional cases and issues. Each episode also includes a “Practice Corner,” where we talk about the ins and outs of what it means to be a constitutional litigator.
Whether you are a law student, a lawyer, or just an interested person, we hope that you learn about an aspect of constitutional law and litigation that interests you in our podcast.
Show Notes
In 1982, disability was included as an enumerated ground of discrimination under Section 15 of the Canadian Charter of Rights and Freedoms. Since then, disability rights advocates have pursued constitutional litigation on a range of issues, including the availability of sign language, interpretation and hospitals, funding for autism treatment programs, and inclusive education for students with disabilities to remain in classes with their peers without disabilities. However, challenges remain in litigating disability rights under the Charter. This podcast episode examines the successes and remaining challenges in having disability rights recognized and protected under the Charter.
Our esteemed guests in this podcast are David Lepofsky and Anita Szigeti, two lawyers specialized in disability rights. Our guests will discuss, amongst other issues, how disability came to be an enumerated ground under section 15 of the Charter; some of the seminal Supreme Court of Canada cases that dealt with disability rights under the Charter; how individuals living with a mental disability either alone or in combination with a physical disability experience discrimination; how section 7 of the Charter interplays with respect to discrimination claims that normally fit within section 15 Charter claims; and, the future of disability rights under the Charter.
In this episode’s “Practice Corner” starting at 1:07:16, we will be speaking with constitutional litigator Stephen Aylward, on his experiences as a constitutional litigator while living with a disability, and ways to remove existing barriers within the legal profession to make the practice of law more accessible.
Find a FULL TRANSCRIPT of this episode HERE.
Case & Statute Links
In this episode, the following cases and statutes were discussed:
Eldridge v. British Columbia (Attorney General), [1997] 3 SCR 624
R. v. Conway, [2010] 1 SCR 765
R. v. Swain, [1991] 1 SCR 933
Eaton v. Brant County Board of Education, [1997] 1 SCR 241
Ontario (Attorney General) v. G, 2020 SCC 38
Thompson v. Ontario (Attorney General), 2016 ONCA 676
P.S. v. Ontario, 2014 ONCA 900 (CanLII)
Carter v. Canada (Attorney General), 2015 SCC 5
AG(BC) v Canadian Council of Disabilities, 2022 SCC 27
Moore v. British Columbia (Education), 2012 SCC 61
R. v. Sharma, [1993] 1 SCR 650
Christopher’s Law (Sex Offender Registry), 2000, S.O. 2000, c. 1.
Not Criminally Responsible Reform Act, S.C. 2014, c. 6
Mental Health Act, R.S.O. 1990, c. M.7
Bill C-5
Additional Links:
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.
The podcast currently has 18 episodes available.
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