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.

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!  

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. 

A podcast about Canadian Constitutional Law & Litigation 

Season 4, Episode 7: Section 25 of the Charter and Dickson v Vuntut Gwitchin FN

This episode marks the second of a two-part series on Indigenous self-determination and its intersections with the Constitution and the Canadian Charter of Rights and Freedoms. 

This episode focuses on Section 25 of the Charter of Rights and Freedoms and the recent Supreme Court of Canada decision in Dickson v Vuntut Gwitchin First Nation. 

Section 25 guarantees that certain rights and freedoms in the Charter “shall not be construed so as to abrogate or derogate from any aboriginal, treaty or other rights or freedoms that pertain to the aboriginal peoples of Canada including: a) any rights or freedoms that have been recognized by the Royal Proclamation of October 7, 1763; and b) any rights or freedoms that now exist by way of land claim agreements or may be so acquired.”

In the first part of the episode, Cheryl speaks with Professor Kerry Wilkins to discuss the meaning of Section 25 of the Charter, its history, its recent application, and its intersection with the implementation of UNDRIP, the UN Declaration on the Rights of Indigenous Peoples in Canada. In the Practice Corner, Cheryl speaks with Indigenous rights lawyer Kris Statnyk, a citizen of the Vuntut Gwitchin FN about his legal practice and his experience representing the Vuntut Gwitchin FN in the Dickson appeal.

Find a FULL transcript of this episode HERE.

In this episode, the following cases, Declaration, book and paper were discussed/mentioned:

Dickson v. Vuntut Gwitchin First Nation, 2024 SCC 10

Kahkewistahaw First Nation v. Taypotat, 2015 SCC 30, [2015] 2 S.C.R. 548

Eldridge v. British Columbia (Attorney General), [1997] 3 S.C.R. 624

United Nations Declaration on the Rights of Indigenous Peoples

Indigenous Difference and the Constitution of Canada by Patrick Macklem (2001, U of T Press)

Naiomi Metallic, "Checking our Attachment to the Charter and Respecting Indigenous Legal Orders: A Framework for Charter Application to Indigenous Governments" (2022) 31:2 Constitutional Forum constitutionnel 3

Truth and Reconciliation Commission of Canada: Calls to Action

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. 

Thank you to our wonderful guests on this episode, Prof Kerry Wilkins and Kris Statnyk!

Thank you to University of Toronto Faculty of Law JD students Joshua Schwartz, Meg Zhang and Emma Blanchfield, who greatly assisted with the development and production of this episode. 

Thank you also to Flint Patterson, former Asper Centre podcast producer and JD at the University of Toronto Faculty of Law for initially proposing this episode topic (we just had to wait until the SCC issued its decision).

Thank you, as always, to our excellent 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.  

This episode marks the first of a two-part series on Indigenous self-determination and its intersections with the Constitution and the Canadian Charter of Rights and Freedoms. 

This particular episode focuses on Section 35 of the Constitution Act, 1982, and what the recent Supreme Court Reference on Bill C-92, An Act respecting the First Nations, Inuit, and Métis Children, Youth, and Families means for Indigenous self-government and control over child welfare in Canada. 

In the first part of the episode, Cheryl speaks with Professor John Borrows, the Loveland Chair in Indigenous Law at the University of Toronto Faculty of Law on Section 35, the Bill C-92 Reference and recent advancements on Indigenous self-government. In the Practice Corner, Cheryl chats with lawyer Jessica Orkin, of Goldblatt Partners LLP, on the practical realities of putting forth a claim under Section 35.

Find a FULL transcript of this episode HERE.

In this episode, the following cases, Acts and report were discussed:

Delgamuukw v. British Columbia, [1997] 3 S.C.R. 1010

Tsilhqot’in Nation v. British Columbia, 2014 SCC 44, [2014] 2 S.C.R. 256

R v . Pamajewon, [1996] 2 S.C.R. 821

Reference re Secession of Quebec, [1998] 2 S.C.R. 217

United Nations Declaration on the Rights of Indigenous Peoples

Reference re An Act respecting First Nations, Inuit and Métis children, youth and families, 2024 SCC 5

An Act respecting First Nations, Inuit and Métis children, youth and families S.C. 2019, c.24

Truth and Reconciliation Commission of Canada: Calls to Action

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. 

Thank you to our wonderful guests on this episode, Prof John Borrows and Jessica Orkin!

Thank you to University of Toronto Faculty of Law JD students Joshua Schwartz, Meg Zhang and Emma Blanchfield, who greatly assisted 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.  

This episode focuses on section 32(1) of the Canadian Charter of Rights and Freedoms, which says that the Charter applies to the Parliament and government of Canada in respect of all matters within the authority of Parliament and to the legislature and government of each province in respect of all matters within the authority of the legislature of each province.  With the help of our guest, Susan Ursel, who was the Asper Centre's Constitutional Litigator in Residence in 2018, we explore the Supreme Court’s approach to when and how the Charter applies to quasi-government bodies, such as school boards, universities, colleges and hospitals. And we discuss Susan’s experience representing the Asper Centre in its intervention in the York Region District School Board case. 

In the Practice Corner, Cheryl speaks with research lawyer Jennifer Taylor, who was a co-author of “Strengthening the Pillars: Report of the TMU External Review,” about the application of the Charter to university settings, looking at the values these institutions uphold, such as freedom of expression and academic freedom, which are similar to the Charter rights of freedom of expression and conscience.  

Find a FULL transcript of this episode HERE.

In this episode, the following cases and report were discussed:

McKinney v. University of Guelph, [1990] 3 S.C.R. 229

Douglas/Kwantlen Faculty Assn. v. Douglas College, [1990] 3 S.C.R. 570

University of Toronto (Governing Council) v. Doe et al. 2024 ONSC 3755

York Region District School Board v. Elementary Teachers’ Federation of Ontario, 2024 SCC 22

Doré v. Barreau du Québec, 2012 SCC 12, [2012] 1 S.C.R. 395

Eldridge v. British Columbia (Attorney General), [1997] 3 S.C.R. 624

Stoffman v. Vancouver General Hospital, [1990] 3 S.C.R. 483

Law Society of British Columbia v. Trinity Western University, 2018 SCC 32, [2018] 2 S.C.R. 293

Strengthening the Pillars: Report of the TMU External Review

Thank you to our wonderful guests on this episode, Susan Ursel and Jennifer Taylor!

Thank you to University of Toronto Faculty of Law JD student Leon Xu, who helped with the production of this episode. 

Thank you to our audio editor Liam Morrison of Bell Room Media Solutions.  

Thank you to the creators of our theme music, Charter: A Course! Constitutional law professor Howie Kislowicz and law professor Rob Currie gave us the licence to use their constitutional law shanty in exchange for a donation to the Calgary Food Bank. The song’s performers are Vanessa Carroll, Rob Currie, Howie Kislowicz, Avinash Kowshik, Anna Lund, Patricia Paradis, Elin Sigurdson, Lyle Skinner, and Dave Wright. You can listen to the entire shanty here: Charter a Course.  Please consider contributing to your local food bank.  

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. 

Season 4, Episode 4: Charter Applicability to Non-Citizens  

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. 

Who has rights under the Charter of Rights and Freedoms? While the Charter is intended to protect everyone in Canada equally, many believe that non-citizens have not benefited from such coverage. Refugees, new immigrants, permanent residents, and other non-citizens have often faced significant hurdles in Canada, with some instances amounting to a direct violation of their constitutional rights. Is Canada capable of deporting non-citizens who pose a threat to national security, even if such individuals would likely be tortured upon returning to their country of origin? Is this an affront to their Section 7 guarantee to life, liberty and security? How do courts balance international human rights requirements with Charter rights when dealing with non-citizens, if at all? These are some of the difficult questions covered in this episode, with the help of our guest, Professor Audrey Macklin.

In the Practice Corner, Cheryl is joined by Prasanna Balasundaram, the Director of U of T Faculty of Law’s Downtown Legal Services. Using his legal experience fighting for non-citizens, we examine the real-world challenges that lawyers face when representing these clients.

Find a FULL transcript of this episode HERE.

In this episode, the following cases and international treaty were mentioned/discussed:

Singh v. Minister of Employment and Immigration, [1985] 1 S.C.R. 177

Andrews v. Law Society of British Columbia, [1989] 1 S.C.R. 143

Canada (Minister of Employment and Immigration) v. Chiarelli, [1992] 1 S.C.R. 711

Mason v. Canada (Citizenship and Immigration), 2023 SCC 21

Canadian Council for Refugees v. Canada (Citizenship and Immigration), 2023 SCC 17

Suresh v. Canada (Minister of Citizenship and Immigration), [2002] 1 S.C.R. 3, 2002 SCC 1

Saadi v Italy, European Court of Human Rights

1951 UN Convention and Protocol Relating to the Status of Refugees

Slepcsik v. Canada (Minister of Citizenship and Immigration), Federal Court of Canada

Thank you to our wonderful guests on this episode, Audrey Macklin and Prasanna Balasundaram!

Thank you to University of Toronto Faculty of Law JD student Vlad Mirel, who helped with the background research and production of this episode. 

Thank you to our audio editor Liam Morrison of Bell Room Media Solutions.  

Thank you to the creators of our theme music, Charter: A Course! Constitutional law professor Howie Kislowicz and law professor Rob Currie gave us the licence to use their constitutional law shanty in exchange for a donation to the Calgary Food Bank. The song’s performers are Vanessa Carroll, Rob Currie, Howie Kislowicz, Avinash Kowshik, Anna Lund, Patricia Paradis, Elin Sigurdson, Lyle Skinner, and Dave Wright. You can listen to the entire shanty here: Charter a Course.  Please consider contributing to your local food bank.  

A podcast about Canadian Constitutional Law & Litigation 

Season 4, Episode 3: Section 12 of the Charter  

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 12 of the Canadian Charter of Rights and Freedoms, which provides that everyone has the right not to be subjected to any cruel and unusual treatment or punishment. Joining Cheryl to discuss the most significant jurisprudence and application of Section 12 is Professor Lisa Kerr, an associate professor and the director of the criminal law group at Queen's University Faculty of Law, who has worked and researched extensively in the fields of sentencing and prison law. 

In the Practice Corner, Cheryl is joined by Catherine Latimer, the Executive Director of the John Howard Society of Canada since 2011, the current President of the National Associations Active in Criminal Justice and a member of the Order of Canada. Ms. Latimer discusses how the John Howard Society of Canada’s efforts to reform administrative segregation in Canada have been pursued through various types of advocacy, including litigation and participation in the legislative process. 

Find a FULL transcript of this episode HERE.

In this episode, the following cases, papers, Bill and reports were mentioned/discussed:

United States v. Burns, [2001] 1 S.C.R. 283, 2001 SCC 7

R. v. Bissonnette, 2022 SCC 23

Quebec (Attorney General) v. 9147-0732 Québec inc., 2020 SCC 32, [2020] 3 S.C.R. 426

R. v. Hills, 2023 SCC 2

R. v. Smith, [1987] 1 S.C.R. 1045

R. v. Nur, 2015 SCC 15, [2015] 1 S.C.R. 773

R. v. Hilbach, 2023 SCC 3

R. v. Bertrand Marchand, 2023 SCC 26

R. v. Gladue, [1999] 1 S.C.R. 688

Lisa Kerr and Benjamin Berger, “Methods and Severity: The Two Tracks of Section 12” (2020), 94 S.C.L.R. (2d) 235

British Columbia Civil Liberties Association v. Canada (Attorney General), 2019 BCCA 228 (CanLII)

Canadian Civil Liberties Association v. Canada, 2019 ONCA 342 (CanLII)

Boudreault, 2018 SCC 58, [2018] 3 S.C.R. 599

Ashley Smith Coroner’s Report (final verdict) 

Bill C-83 An Act to amend the Corrections and Conditional Release Act and another Act (Royal Assent)

Charter Rights and Structured Intervention Units: Have Rights Abuses of Administrative Segregation Been Corrected? Report by the John Howard Society and the Asper Centre

The Doob Sprott Reports on Structure Intervention Units. 

Thank you to our wonderful guests on this episode, Professor Lisa Kerr and Catherine Latimer.

Thank you to University of Toronto Faculty of Law JD student Kate Shackleton, who helped with the background research and development of this episode. 

Thank you to our audio editor Liam Morrison of Bell Room Media Solutions.  

Thank you to the creators of our theme music, Charter: A Course! Constitutional law professor Howie Kislowicz and law professor Rob Currie gave us the licence to use their constitutional law shanty in exchange for a donation to the Calgary Food Bank. The song’s performers are Vanessa Carroll, Rob Currie, Howie Kislowicz, Avinash Kowshik, Anna Lund, Patricia Paradis, Elin Sigurdson, Lyle Skinner, and Dave Wright. You can listen to the entire shanty here: Charter a Course.  Please consider contributing to your local food bank.  

Season 4, Episode 2: Practice Corner Episode on Criminal Law Remedies  

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. 

Our regular listeners will know that we normally include a “Practice Corner” in every episode, where Cheryl chats with a seasoned lawyer about practical aspects of litigation related to the main segment’s topic. We decided to release the originally-planned practice corner (that is paired with last week’s episode on Constitutional Remedies with Kent Roach) as a fully separate Practice Corner episode as it turned out to be a fantastic master class in Charter remedies in criminal law by lawyer Megan Savard. 

Megan is a partner at Savard Foy LLP, where she practices criminal, constitutional and regulatory law. In this episode, she covers everything about the different criminal law remedies available, including strategies in deciding what Charter remedies to pursue for clients, from exclusion of evidence obtained by Charter breach to stays of proceedings. 

We recommend that you listen to Professor Kent Roach's episode from last week for a background understanding of the range of Charter provisions that govern the granting of remedies where a court makes a finding of unconstitutionality. 

Find a FULL transcript of this episode HERE.

In this episode, the following cases were mentioned/discussed:

R. v. Stinchcombe, [1991] 3 S.C.R. 326

R. v. .Jordan, 2016 SCC 27, [2016] 1 S.C.R. 631

R. v. Warren, 2024 ONSC 2785 (CanLII)

Thank you to our wonderful guest on this episode, Megan Savard!

Thank you to University of Toronto Faculty of Law JD student Kate Shackleton, who helped with the production of this episode. 

Thank you to our audio editor Liam Morrison of Bell Room Media Solutions.  

Thank you to the creators of our theme music, Charter: A Course! Constitutional law professor Howie Kislowicz and law professor Rob Currie gave us the licence to use their constitutional law shanty in exchange for a donation to the Calgary Food Bank. The song’s performers are Vanessa Carroll, Rob Currie, Howie Kislowicz, Avinash Kowshik, Anna Lund, Patricia Paradis, Elin Sigurdson, Lyle Skinner, and Dave Wright. You can listen to the entire shanty here: Charter a Course.  Please consider contributing to your local food bank.  

A podcast about Canadian Constitutional Law & Litigation  

Season 4, Episode 1: Constitutional Remedies  

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 Constitutional Remedies in Canada. With the help of our esteemed guest Professor Kent Roach, we will be discussing the various remedies that a court can order when it finds that a law or action is unconstitutional, in order to rectify the constitutional violation.  

For our regular listeners, please note that this episode’s “Practice Corner,” which features criminal defense lawyer Megan Savard, will drop as a separate full episode next week, as Season 4’s Episode 2. Check it out soon!

Find a FULL transcript of this episode HERE.

In this episode, the following cases, books and papers were discussed:

La Rose v. Canada, 2023 FCA 241 (CanLII)

R v.Big M Drug Mart Ltd., [1985] 1 S.C.R. 295

British Columbia (Attorney General) v Council of Canadians with Disabilities, 2022 SCC 27

Canada (Attorney General) v. Downtown Eastside Sex Workers United Against Violence Society, 2012 SCC 45, [2012] 2 S.C.R. 524Re Manitoba Language Rights, [1985] 1 S.C.R. 721 

Carter v. Canada (Attorney General), 2015 SCC 5, [2015] 1 S.C.R. 331

Ontario (Attorney General) v. G, 2020 SCC 38, [2020] 3 S.C.R. 629

R v Albashir, 2021 SCC 48, [2021] 3 S.C.R. 531

R v. Seaboyer; R. v.Gayme, [1991] 2 S.C.R. 577

Vriend v. Alberta, [1998] 1 S.C.R. 493

Doucet-Boudreau v. Nova Scotia (Minister of Education), [2003] 3 S.C.R. 3, 2003 SCC 62

Little Sisters Book and Art Emporium v. Canada (Minister of Justice), [2000] 2 S.C.R. 1120

Vancouver (City) v. Ward, 2010 SCC 27, [2010] 2 S.C.R. 28

Mackin v. New Brunswick (Minister of Finance); Rice v. New Brunswick, [2002] 1 S.C.R. 405, 2002 SCC 13

Canada (Attorney General) v. Power, 2024 SCC 26

Thomas v. Rio Tinto Alcan Inc., 2024 BCCA 62

Ontario (Attorney General) v. Restoule, 2024 SCC 27

Roach, Kent Remedies for Human Rights Violations (Cambridge University Press, 2021)  

Roach, Kent Constitutional Remedies in Canada (Thomson Reuters, 2017-)

Roach, Kent “A Promising Late Spring for Charter Damages: Ward v Vancouver (2011)” National Journal of Constitutional Law 145-167

Schenk, Adam “Ward by the Numbers: Application of the Seminal Decision on Charter Damages” (2024) 45 NJCL 55 (available via Westlaw).

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 guest on this episode, Professor Kent Roach. 

Thank you to University of Toronto Faculty of Law JD student Kate Shackleton, who helped with the production of this episode. 

Thank you to our audio editor Liam Morrison of Bell Room Media Solutions.  

Thank you to the creators of our theme music, “Charter a Course”, Constitutional law professor Howie Kislowicz and law professor Rob Currie gave us the licence to use their constitutional law shanty in exchange for a donation to the Calgary Food Bank. The song’s performers are Vanessa Carroll, Rob Currie, Howie Kislowicz, Avinash Kowshik, Anna Lund, Patricia Paradis, Elin Sigurdson, Lyle Skinner, and Dave Wright. You can listen to the entire shanty here: Charter a Course.  Please consider contributing to your local food bank.  

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!