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Events for November 29, 2010 - September 30, 2009

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November 2010

Becoming Supreme: How Federalism Fosters Judicial Power

November 29, 2010 @ 12:30 pm - 2:00 pm

Barry Friedman New York University Law School One of the longstanding, beguiling questions among scholars in several disciplines is how judicial power gains traction. Why do those setting up governments create an independent judiciary, why or how does judicial review get a foothold, and most important, what is the fount of judiciall supremacy? Theories abound, each problematic in some way. By looking at the answer to this question in the context of the Supreme Court of the United States, we…

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Reference re. Constitutionality of s.293 of the Criminal Code of Canada

November 22, 2010 @ 2:30 pm - 5:00 pm

The hearing in the Court reference on the constitutionality of the polygamy prohibition in the Criminal Code of Canada commences in the British Columbia Supreme Court.   Event date: Monday, November 22, 2010, at 2:28 PM Location: British Columbia Supreme Court, Vancouver, British Columbia  

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Symposium on U.N. Security Council Resolution 1267

November 19, 2010 @ 9:00 am - 12:30 pm

The Asper Centre with the International Human Rights Program and Canadian Civil Liberties Association present Symposium on the Impact of Targeted Anti-terrorist Sanctions on Charter and International Human Rights Program: 9:00 a.m. Welcome: Renu Mandhane, International Human Rights Program Key Note Speaker: Judge Kimberly Prost, UN Ombudsperson for Al Qaeda and Taliban Sanctions 9:45 – 11:00 Litigation Strategies Speakers: Paul Champ – Counsel for Abdelrazik Ben Wizner – Counsel for American Civil Liberties Union     Jeremy McBride - Barrister, Chair…

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Workshop: The Interrogation Trilogy

November 10, 2010 @ 12:30 pm - 2:00 pm

In three cases released on October 8, 2010, the Supreme Court added the third story in what the Court described as the "interrogation trilogy" (R. v. Oickle, R. v. Singh and R. v. Sinclair). Oickle spoke to the types of techniques that officers can legally use to persuade someone to confess, including the use of an "infallible" lie detector test. Singh permitted repeated questioning after the accused asserted his right to silence. Now, Sinclair and the other 2 decisions released…

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Symposium: The Role of Interveners in Public Interest Litigation

November 6, 2010 @ 8:30 am - 5:00 pm

Friday, November 6th, 2010 Sign in and Registration: 8:30 a.m. Public interest litigation can have a significant impact on public policy in Canada. Although Charter and other public interest litigation is most often commenced by individual claimants who are challenging laws that affect them individually, the test case litigant is often supported or opposed by powerful interveners such as governments and advocacy organizations representing groups in society seeking to be heard on the significant human rights issues of the day.…

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October 2010

The Decriminalization of Prostitution in Ontario: Perspectives on Bedford v. Canada

October 25, 2010 @ 12:30 pm - 2:00 pm

In the recent landmark case Bedford v. Canada, Justice Himmel of the Ontario Superior Court held that three provisions of the Criminal Code that criminalize facets of prostitution—living on the avails of prostitution, keeping a common bawdy house and communicating in a public place for the purpose of engaging in prostitution—infringe the core values protected by section 7 of the Charter, and that this infringement is not saved by section 1 as a reasonable limit demonstrably justified in a free…

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Proportionality

October 21, 2010 @ 12:30 pm - 2:00 pm

Speaker: Aharon Barak, President of the Supreme Court of Israel (Emeritus) This essay focuses on proportionality stricto sensu as a consequential test of balancing. The basic balancing rule establishes a general criterion for deciding between the marginal benefit to the public good and the marginal limit to human rights. Based on the Israeli constitutional jurisprudence, this essay supports the adoption of a principled balancing approach that translates the basic balancing rule into a series of principled balancing tests, taking into…

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Acts of Attrition

October 12, 2010 @ 12:30 pm - 2:00 pm

Mary Eberts, S.J.D. Candidate, University of Toronto Faculty of Law October 12, 2010

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G20 Workshop

October 6, 2010 @ 12:30 pm - 2:00 pm

Project G20 Inaugural Panel: Protecting Rights in the Aftermath of the G20 Summit in Toronto Project G20, a student-led working group of the David Asper Centre for Constitutional Rights, invites the legal community and the public at large to attend its inaugural panel entitled “Protecting Rights in the Aftermath of the G20 Summit in Toronto.” On June 26-27, 2010 Toronto hosted the summit for the Group of 20 (“G20”) nations. Anticipating the large scale protests that would precede and coincide…

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Is none still too many?

October 5, 2010 @ 12:30 pm - 2:00 pm

Faculty of Law, University of Toronto Constitutional Roundtable presents James Hathaway, University of Michigan Law School Audrey Macklin, University of Toronto Faculty of Law Lorne Waldman, Lorne Waldman and Associates Is None Still Too Many? Asylum Seekers on Boats, Then and Now, Here and There 12:30 – 2:00 Tuesday, October 5, 2010 Classroom C – Flavelle House – 78 Queen’s Park James C. Hathaway, the William Hearn Professor and Dean of the Melbourne Law School, is a leading authority on…

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September 2010

Who Belongs? Rights, Benefits, Obligations and Immigration Status

September 24, 2010 - September 25, 2010

The David Asper Centre for Constitutional Rights is co-sponsor, with the Canadian Civil Liberties Association, of a two day conference at the Faculty of Law on September 24th and 25th, 2010. The Canadian Civil Liberties Association is undertaking a research project on the status of immigrant in Canadian society. Immigration status – whether it be citizenship, permanent resident status, visitor status, temporary workers status, “no status” – plays an important role in how rights, benefits and obligations are allocated. Rules…

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June 2010

Clinical Course Deadline 2010

June 14, 2010

Monday, June 14, 2010, at 4:00 PM Deadline for upper year students to submit their application for the fall 2010 term of the Asper Centre Clinical Legal Education Course.

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March 2010

Criminalization of Polygamy: Constitutional or Not?

March 23, 2010 @ 12:30 pm - 2:00 pm

Join us for a panel discussion on the upcoming reference at the British Columbia Supreme Court regarding the constitutionality of s. 293 of the Criminal Code which prohibits polygamy in Canada. This case has attracted wide interest, and will involve various interveners, including the Asper Centre together with the Canadian Coalition for Children and Youth, and other religious, women's and children's, and civil liberties organizations. Cheryl Milne, Director of the Asper Centre, will moderate a panel including faculty members Lorraine…

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Constitutional Roundtable – Marci Hamilton

March 17, 2010 @ 12:30 pm - 2:00 pm

Marci Hamilton - Benjamin N. Cardozo School of Law The Rules Against Scandal and What They Mean For the First Amendment’s Religion Clauses NOTE: Room change to FLA in Flavelle House. MARCI A. HAMILTON is one of the United States’ leading church/state scholars and holds the Paul R. Verkuil Chair in Public Law at the Benjamin N. Cardozo School of Law, Yeshiva University. She is the author of JUSTICE DENIED: WHAT AMERICA MUST DO TO PROTECT ITS CHILDREN (Cambridge University…

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Clinic Information Session

March 15, 2010 @ 12:30 pm - 2:00 pm

Information session on clinical opportunities Please join all the clinics for a joint information session about for-credit clinical opportunities in second and third year. Presenters will include: Asper Centre, DLS, Health Law and Equity Clinic, and the IHRP. Each clinic will review the type of cases/projects pursued, admission requirements and application details. For more information, contact Kara Norrington at kara.norrington@utoronto.ca   Event date: Monday, March 15, 2010, from 12:30 PM to 2:00 PM Location: FLA, Flavelle House

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Canadian Federalism and Treaty Powers: Organic Constitutionalism at Work

March 2, 2010 @ 12:30 pm - 2:00 pm

Hugo Cyr - Université du Québec à Montréal ABSTRACT: With the increased mobility and interdependence brought on by globalisation, governments can no longer deal effectively with what were traditionally regarded as «domestic issues» unless they cooperate among themselves. International law may once have been a sort of inter-state law concerned mostly with relations between states, but it now looks increasingly inside state borders and has become, to a large degree, a trans-governmental law. While this creates significant challenges even for…

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February 2010

Overdue Update or Big Brother? Lawful Access and Cyber Surveillance

February 25, 2010 @ 12:30 pm - 2:00 pm

As rapidly advancing communication technology transforms so many aspects of human interaction it is crucial for public safety that investigative powers remain relevant to the rapidly evolving methods of crime. However, these methods must not too broadly infringe on the rights and liberties of Canadian Citizens. In 2009, two bills, C- 46 and C-47, were introduced with the intent of updating the state’s authority to access electronic communications data. These bills have been controversial, provoking very different responses from the…

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The Khadr Decision: A Just Result?

February 11, 2010 @ 12:30 pm - 2:00 pm

The Supreme Court of Canada released its unanimous decision in Prime Minister of Canada et al. v. Omar Khadr on Friday, January 29, 2010. It declared that the Canadian government is violating Omar Khadr's right to life, liberty and security under the Charter of Rights and Freedoms. The court denounced the use of torture in the form of sleep deprivation by U.S. authorities against Mr. Khadr when he was 15 years old in order to soften him up for interrogations…

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Intellectual Influences on Australian Federalism

February 9, 2010 @ 12:30 pm - 2:00 pm

Nicholas Aroney - TC Beirne School of Law, U. of Queensland This paper utilizes the Australian experience of federation, 1890–1901, as a vehicle for the discussion of the leading conceptions of federalism extant in the late nineteenth-century English-speaking world. In particular, the paper examines the federal theories of James Madison, James Bryce, Edward Freeman, Albert Dicey and John Burgess in the context of many others, and seeks to show that the idea of a ‘Commonwealth of commonwealths’, although controverted by contending theories,…

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January 2010

Albie Sachs: The Strange Alchemy of Life and Law

January 15, 2010 @ 3:00 pm - 4:00 pm

Albie Sachs: The Strange Alchemy of Life and Law (Oxford University Press, 2009) Friday, January 15, 2010 3:00 – 4:00 (to be followed by a reception) Faculty of Law, Flavelle House, Room FLB   Should a judge be an instrument of pure, detached reason, or a person imbued with human empathy? Albie Sachs, appointed by Nelson Mandela to South Africa’s first Constitutional Court, which has heard landmark cases dealing with terrorism and torture, social and economic rights, the truth commission,…

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September 2009

Workshop on Exclusion of Evidence Cases

September 30, 2009 @ 12:30 pm - 2:00 pm

Grant, Harrison, Shepherd & Suberu: The Supreme Court Decisions of the Summer of 2009 Watch the Webcast On July 17, 2009, the Supreme Court of Canada handed down its long awaited decisions in R. v. Grant, R. v. Harrison, R. v. Shepherd and R. v. Suberu clarifying the law in respect of the exclusion of evidence under s.24(2) of the Charter. Their decisions have been described as an appropriate balancing between liberty interests and the administration of justice, a clear…

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