Photo: Asper Centre Indigenous Rights Student Working Group Leader Zachary Biech (R) recruiting members at UT Law Clubs Fairs, September 6, 2018
About the working groups
U of T law students can become involved in the Asper Centre’s work through volunteering with one of our student working groups. The student working groups are student-led initiatives that bring together 10-15 students to work in conjunction with academics, civil society groups or members of the bar on Charter rights advocacy or current constitutional law issues. The working group leaders, who are 2L and 3L students and past working group members, manage and mentor their working group members while receiving support and guidance from the Asper Centre Program Coordinator and Director.
How to become involved with a working group as a 1L
In early September, at the start of the first term of law school, there are a number of opportunities for 1L students to learn about the various Asper Centre student working groups for the upcoming year (see previous year’s groups below). In addition to information available on our website, our twitter feed, and on notice boards throughout the law school, the Asper Centre’s student working group leaders actively promote their working groups at the law school’s Orientation Week Clubs Fair and at the Public Interest Lunchtime event. Both these events take place in the first week or so of September. Very shortly thereafter, at a dedicated Student Working Group Lunchtime Information and Sign Up Session, the Asper Centre and the International Human Rights Program student working group leaders each present their working group topics in detail and students who wish to volunteer for one of the working groups sign up at this session for their top choices. Attendance at this Information and Sign Up Session is mandatory in order to secure a spot on one of the working groups. If for some reason you cannot attend this sign up session, please email email@example.com (Asper Centre Program Coordinator) in advance. Lastly, please note that due to high demand for this volunteer opportunity, there may be a ranking/lottery system that is employed to ensure that as many students get their first or near-first choice working group choice.
How to become a working group leader as an upper year law student
For information on how to apply to lead a Student Working Group, please read the proposal requirements in the Call for Proposals for 2020-21 Asper Centre Working Group. If you would like to apply but need some ideas or have some questions, please contact firstname.lastname@example.org. This year, in addition to Student Working Group ideas developed by students, the Asper Centre invites and welcomes proposals from students who would be interested in leading a children’s rights working group, or a social media working group that would assist the Asper Centre in developing web-based, podcast or other social media based material focused on Canadian constitutional issues.
Note: Upper year law students are welcome to join a student working group as well. Attendance at the above-noted Information and Sign Up Session is required.
2019-2020 Working Groups
November 18th, 2019 was the ‘Student Law Clinic Global Day of Action for Climate Justice.’ The event organizers (GAJE, the Global Alliance for Justice Education) asked participating student legal clinics to choose a project related to air pollution and complete it by or on November 18th to mark the date. The Asper Centre Climate Justice student working group prepared an opinion piece on the Ontario government’s potential constitutional obligations with respect to regulating air pollution in Chemical Valley. The OpEd urged the provincial government to honour its commitment to evaluating the impact of the new regulations in the winter of 2019-2020, and to recognize the role it can and should play in protecting environmental rights. In the second term, the group began convening a panel discussion for the law school community about the constitutional challenges to the federal carbon tax in Saskatchewan and Ontario, with experts in constitutional law, economics and government. Unfortunately, this panel was cancelled due to COVID-19.
Right to Equality in Accommodation
Access to adequate, appropriate, and affordable housing is a growing problem for many people in Ontario, especially those from marginalized groups. Low vacancy rates make affordable housing more difficult to find, and also increase the potential for housing discrimination, because landlords can be highly selective. Section 21.1 of the Ontario Human Rights Code states that the right to equal treatment with respect to accommodation does not apply where an accommodation is in a dwelling where the occupants share a kitchen or bathroom with the landlord or their family. This provision takes away protection from discrimination that Ontarians would have otherwise had. This working group will be assisting CERA (the Centre for Equality Rights in Accommodation) by preparing a research memo on the exemption of shared residential accommodation, which will support CERA’s future goal of challenging the constitutionality of S. 21.1.
Sex Workers Rights
The Protection of Communities and Exploited Persons Act, SC 2014, c 25 (PCEPA) was introduced in response to the Supreme Court of Canada’s 2013 decision in Bedford v Canada, where the Court found that three Criminal Code provisions which criminalized components of sex work unjustifiably violated section 7 of the Charter. The PCEPA includes new provisions that criminalize the purchase of sexual services in Canada and other related activities such as advertising the sale of sexual services. Sex worker organizations and constitutional experts believe that these new provisions remain unconstitutional because many of the harms identified in Bedford continue to be perpetuated. The continuation of these harms under a new legal context means that a new constitutional analysis is necessary. This working group conducted caselaw and academic literature research into the various arguments and Charter sections that could be employed in a constitutional challenge to the PCEPA. This summer, the group’s research is being synthesized and combined in a comprehensive memo that will provide accessible information to sex-worker organizations in Canada that could assist in developing a constitutional challenge of the post-Bedford sex work laws.
Refugee and Immigration Law
Recently, there have been reported incidents in which CBSA (Canadian Border Services Agency) officers have randomly conducted street checks in minority-populated Toronto neighbourhoods. In light also of the United States ICE (Immigration and Customs Enforcement) raids and immigration camps, these events are extremely concerning. Thus, HALCO (the HIV & AIDS Legal Aid Clinic of Ontario) collaborated with our longstanding Refugee and Immigration working group to create a plain-language public legal information brochure detailing the powers of a CBSA agent and an individual’s rights when interacting with them in the context of a street check. The working group researched and developed the brochure under the supervision of staff immigration lawyer at HALCO.
2018-2019 Working Groups
Indigenous Rights Working Group This working group focuses on the constitutional dimension of Indigenous rights. This year, the group will analyze the United Nations Declaration on the Rights of Indigenous Peoples (“UNDRIP”) and Bill C-262 with the intent of drafting general recommendations and observations about actions that ought to be taken in order to implement UNDRIP in Canada. This project will examine how UNDRIP affects different legal and policy areas. The group’s other projects include drafting proposed legislation to exonerate Indigenous peoples who were convicted for practicing their ceremonies under past legal regimes; and examining Beaver v Hill for the §35(1) governance issues in relation to Haudenosaunee law and family law in Ontario.
Immigration and Refugee Law Working Group This working group, in the first half of the year, will continue to provide research support for the legal team representing the public interest litigants (Canadian Council for Refugees, Amnesty International and the Canadian Council of Churches) who are challenging the constitutionality of the U.S./Canada Safe Third County Agreement in the Federal Court.
Police Oversight Working Group This working group continues (from the previous year) to work on the comprehensive public legal information guides to navigating each province’s police oversight system. The guides will include information on the structure, important timelines, helpful strategies, and realistic expectations of success for victims of police misconduct or other persons who have legitimate police complaints. This year, the group will also be drafting an advocacy brief about the Ontario Safer Act (Bill 175) that received Royal Assent on March 8, 2018 and is expected to come into force in 2019, although the current status of the legislation remains unclear.
2017-2018 Working Groups
Evaluating Police Oversight Working Group This working group intends to produce a comprehensive public guide to navigating each province’s police oversight system. It will include information on the structure, important timelines, helpful strategies, and realistic expectations of success. The purpose of this project is to critically evaluate the oversight systems that hold police officers accountable in Canada. In particular, this project seeks to examine the effectiveness of those systems in addressing the concerns of Indigenous peoples. In recent years, there have been many high-profile clashes between Indigenous peoples and the police. There have been allegations of systemic racism and improper conduct, such as against the RCMP of northern British Columbia and the Thunder Bay police force and there have also been countless allegations of police apathy and shoddy police work when dealing with Indigenous persons, something that may very well have contributed to Canada’s missing and murdered Indigenous women.
Indigenous Rights Working Group This working group will prepare comprehensive research and advocacy documents regarding Indigenous peoples’ rights to substantive equality and self-determination/jurisdiction in child welfare service provision for the Chiefs of Ontario. The working group will organize and centralize relevant case law, statistics, statutory provisions, and other resources from the perspective of constitutional law and in congruence with all other relevant fields of law including international law, human rights law, and Aboriginal law. It will provide specifically focused and targeted arguments for policy change in the short-term while maintaining a broad long-term goal and vision of self-determination, substantive equality, resurgence, and healing for Indigenous communities.
Immigration and Refugee Law Working Group This working group will monitor, comment and provide research support for some of the current cases and ongoing broader legal advocacy issues in this field, for example, on indefinite immigration detention, on remedies for breaches of Charter rights of persons held in immigration detention, on Canada’s response to the influx of refugee claimants entering irregularly into the country and will provide research support for the lawyers representing the group of public interest litigants in challenging the constitutionality of the U.S./Canada Safe Third County Agreement.
2016-2017 Working Groups
Privacy Working Group This group prepared a policy submission in response to the government’s “Our Security, Our Rights: National Security Green Paper, 2016” as part of an ongoing consultation process on Canada’s national security framework by Public Safety Canada. The submission focused on warrantless access to basic subscriber information by the government. The group worked closely with Faculty members Kent Roach and Lisa Austin.
Environmental Law Working Group Following up on the work of the Environmental law working group from 2015-2016, this group assisted UTEA (the University of Toronto Environmental Action Group) to prepare and draft the legal arguments pertaining to intergenerational youth justice and climate change that formed part of UTEA’s advocacy document, entitled Give our Children A Future: the Moral and Legal obligation of the Government of Canada to act on Climate Change.