Charter: A Course - A podcast about Canadian Constitutional Law & Litigation By cover art

Charter: A Course - A podcast about Canadian Constitutional Law & Litigation

By: David Asper Center for Constitutional Rights
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  • Summary

  • 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.
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Episodes
  • S3E5: Asper Centre 15th Anniversary

    S3E5: Asper Centre 15th Anniversary
    Dec 8 2023
    About the Series Charter: A Course is a podcast created by the David Asper Centre for Constitutional Rights (the Asper Centre) and hosted by the Asper Centre’s Executive Director Cheryl Milne. Charter: A Course focuses on leading Canadian constitutional cases and current constitutional law issues, highlighting strategic aspects of constitutional litigation and exploring what it’s like to practice in this area of law in our Practice Corner segment. Whether you are a law student, a lawyer, or just an interested person, we hope that you learn about an aspect of constitutional law and litigation that interests you in our podcast. Show Notes This final episode of Season 3 is a special episode, which departs from our usual style and focus in each regular episode on a different Canadian Constitutional law issue or Charter right. The Asper Centre recently marked its 15th anniversary and to celebrate, we convened a live recording of this podcast, with the “tables turned” to start, and with several special guests. In the first half of the episode, U of T Law’s Dean Jutta Brunnée interviews our podcast host and Asper Centre Executive Director, Cheryl Milne. And, in the second half of the podcast, the Asper Centre’s current Constitutional Litigator in Residence, Ewa Krajewska interviews the following Asper Centre alumni, who discuss their experiences with the Asper Centre and their current legal practices: Neil Abraham (JD 2016), Geetha Phillipupulai (JD 2017), Keely Kinley (JD 2021), and Ryan Deshpande (JD 2021), who is counsel in the Litigation, Extradition, and Advisory Division at the Toronto office of the Department of Justice Canada. Listen to this episode to learn more about the breadth of work that the Asper Centre has undertaken over the past 15 years and its vision for the future. Find a FULL transcript of this episode HERE. Case Links and other Resources In this episode, the following cases in which the Asper Centre has intervened and Annual Report were discussed: Asper Centre 2022-2023 ANNUAL REPORT R. v. Conway, 2010 SCC 22, [2010] 1 S.C.R. 765 Canada (Attorney General) v. Bedford, 2013 SCC 72, [2013] 3 S.C.R. 1101 Carter v. Canada (Attorney General), 2015 SCC 5, [2015] 1 S.C.R. 331 Ontario (Attorney General) v. G, 2020 SCC 38, [2020] 3 S.C.R. 629 Canadian Council for Refugees v. Canada (Citizenship and Immigration), 2023 SCC 17 R. v. 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!
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    1 hr and 2 mins
  • S3E4: Section 6 of the Charter

    S3E4: Section 6 of the Charter
    Nov 10 2023

    About the Series 

    Charter: A Course is a podcast created by the David Asper Centre for Constitutional Rights (the Asper Centre) and hosted by the Asper Centre’s Executive Director Cheryl Milne. 

    Charter: A Course focuses on leading Canadian constitutional cases and current constitutional law issues, highlighting strategic aspects of constitutional litigation and exploring what it’s like to practice in this area of law in our Practice Corner segment.

    Whether you are a law student, a lawyer, or just an interested person, we hope that you learn about an aspect of constitutional law and litigation that interests you in our podcast.

    Show Notes

    This episode focuses on mobility rights in Canada. Mobility rights are enshrined in section 6 of the Charter of Rights and Freedoms and include the right to individual mobility, as well as the right to economic mobility, such as the right to pursue a livelihood in any province.

    This episode will focus on individual mobility and the fundamental rights to enter, remain, move throughout, and leave Canada.

    To help us unpack the meaning and extent of mobility rights under the Charter, we are joined by our guests Barbara Jackman and Paul Champ in the “Practice Corner.”

    Find a FULL transcript of this episode HERE.

    Case Links and other Resources

    In this episode, the following cases, factum and paper were discussed:

    Kamel v Canada (Attorney General) et al.. (2013) 448 N.R. 217 (FCA) (link to Supreme Court docket for leave to appeal, but Court denied leave)

    Abdelrazik v. Canada (Minister of Foreign Affairs) (F.C.)

    United States of America v. Cotroni [1989] 1 SCR 1469

    Divito v. Canada (Public Safety and Emergency Preparedness) 2013 SCC 47

    Canada v. Boloh 1(A), 2023 FCA 60 (CanLII)

    Taylor v. Newfoundland and Labrador, 2020 NLSC 125 (CanLII)

    About the Asper Centre 

    The Asper Centre, a part of the University of Toronto’s Faculty of Law since 2008, is devoted to realizing constitutional rights through advocacy, research and education. The Centre aims to play a vital role in articulating Canada’s constitutional vision to the broader world. The cornerstone of the Centre is a legal clinic that brings together students, faculty and members of the bar to work on significant constitutional cases and advocacy initiatives. The Centre was established through a generous gift from U of T law alumnus David Asper (LLM ’07). 

    Thank You’s

    Thank you to our wonderful guests on this episode, Barbara Jackman and Paul Champ!

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

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

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

    Thank you to our dedicated listeners!
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    59 mins
  • S3E3: Charter Values

    S3E3: Charter Values
    Oct 27 2023
    About the Series  Charter: A Course is a podcast created by the David Asper Centre for Constitutional Rights (the Asper Centre) and hosted by the Asper Centre’s Executive Director Cheryl Milne.  Charter: A Course focuses on leading Canadian constitutional cases and current constitutional law issues, highlighting strategic aspects of constitutional litigation and exploring what it’s like to practice in this area of law in our Practice Corner segment. Whether you are a law student, a lawyer, or just an interested person, we hope that you learn about an aspect of constitutional law and litigation that interests you in our podcast. Show Notes This episode focuses on Charter values, which in recent years have gained some traction in Canadian law. With the help of our guest, Prof Richard Stacey, we examine how courts have sought to define Charter values and in what judicial context they arise. We explore when courts are obligated to consider these values and consider the challenges associated with doing so. In this episode’s Practice Corner, we speak with lawyer Matthew Horner, on his experiences of practicing in the area of administrative law, where Charter values sometimes find their home. Find a FULL transcript of this episode HERE. Case Links and other Resources In this episode, the following cases, factum and paper were discussed: R v. Oakes, [1986] 1 S.C.R. 103 Reference re Secession of Quebec, [1998] 2 S.C.R. 217 Toronto (City) v. Ontario (Attorney General), 2021 SCC 34 Doré v. Barreau du Québec, 2012 SCC 12, [2012] 1 S.C.R. 395 Loyola High School v. Quebec (Attorney General), 2015 SCC 12, [2015] 1 S.C.R. 613 Law Society of British Columbia v. Trinity Western University, 2018 SCC 32, [2018] 2 S.C.R. 293 Carter v. Canada (Attorney General), 2015 SCC 5, [2015] 1 S.C.R. 331 R. v .Keegstra, [1990] 3 S.C.R. 697 RJR-MacDonald Inc. v. Canada (Attorney General) [1995] 3 S.C.R. York Region District School Board v. Elementary Teachers' Federation of Ontario Asper Centre’s Intervening Factum Canada (Minister of Citizenship and Immigration) v. Vavilov, 2019 SCC 65, [2019] 4 S.C.R. 653 Dunsmuir v. New Brunswick, [2008] 1 S.C.R. 190, 2008 SCC 9 Taylor-Baptiste v. Ontario Public Service Employees Union, 2013 Carswell Ont 1033, 2013 HRTO 180, 2013 C.L.L.C. 230-019 (CanLII) Ontario Teacher Candidates’ Council v. The Queen, 2021 ONSC 7386 (CanLII) Horner, Matthew. "Charter Values: The Uncanny Valley of Canadian Constitutionalism." The Supreme Court Law Review: Osgoode’s Annual Constitutional Cases Conference 67. (2014). DOI: https://doi.org/10.60082/2563-8505.1293 About the Asper Centre  The Asper Centre, a part of the University of Toronto’s Faculty of Law since 2008, is devoted to realizing constitutional rights through advocacy, research and education. The Centre aims to play a vital role in articulating Canada’s constitutional vision to the broader world. The cornerstone of the Centre is a legal clinic that brings together students, faculty and members of the bar to work on significant constitutional cases and advocacy initiatives. The Centre was established through a generous gift from U of T law alumnus David Asper (LLM ’07).  Thank You’s Thank you to our wonderful guests on this episode, Professor Richard Stacey and Matthew Horner! Thank you to University of Toronto Faculty of Law JD student Gabrielle Dunning, who helped with the production of this episode. Thank you to our audio editor Liam Morrison of Bell Room Media Solutions.  Thank you to the creators of our theme music, Charter: A Course! Constitutional law professor Howie Kislowicz and law professor Rob Currie gave us the licence to use their constitutional law shanty in exchange for a donation to the Calgary Food Bank. The song’s performers are Vanessa Carroll, Rob Currie, Howie Kislowicz, Avinash Kowshik, Anna Lund, Patricia Paradis, Elin Sigurdson, Lyle Skinner, and Dave Wright. You can listen to the entire shanty here: Charter a Course. Please consider contributing to your local food bank. Thank you to our dedicated listeners!
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    1 hr and 12 mins
Education
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