David Asper Centre for Constitutional Rights

Due Date for Student Working Group Proposals
2023-08-11 17:00 (America/Toronto)
Dear Upper Year JD Students at U of T Law:
We are currently accepting proposals from upper year students who are interested in leading a student working group at the Asper Centre next year. Please find the Call for Proposals for 2023-24 Asper Centre Working Groups HERE. The application is due on Friday August 11, 2023.
Working groups at the Asper Centre provide law students with the unique opportunity to conduct legal research and advocacy on Canadian Constitutional and Charter rights issues, often in partnership with an external organization. Examples of past working groups (including this year’s groups) at the Asper Centre may be found at http://aspercentre.ca/clinic/student-working-groups/.
This coming year, the Asper Centre welcomes proposals from students who would be interested in leading a working group focused on indigenous rights or children’s rights, however all proposals will be equally considered. If you would like to apply to lead a working group but need some assistance in developing your working group proposal, please contact tal.schreier@utoronto.ca.
Thank you for your interest and we look forward to working with you.
Successful groups will be notified prior to the start of Fall 2023 term.

Application Deadline for Clinical Legal Education Course
2023-07-09 23:59
Attention upper year JD students at U of T Law!
Re: Applications for Asper Centre Clinical Legal Education: Asper Centre for Constitutional Rights (LAW391H1F)
The Asper Centre for Constitutional Rights is devoted to advocacy, research and education in the area of constitutional rights in Canada. Its cornerstone is a legal clinic bringing together students, faculty and members of the bar to work on significant constitutional cases. Appellate level cases that invoke the Canadian Charter of Rights and Freedoms in innovative ways to promote social justice will be selected. It is expected that students will have the opportunity to work alongside practitioners and faculty in developing written and oral arguments, for academic credit. Daily casework could include case theory formulation, constitutional legal research, appellate brief and factum writing and attendance at oral argument. Projects may also include policy advocacy and research along with public legal education.
Substantive and procedural issues arising in advocating for constitutional rights will be explored through seminars and experiential learning. You will be exposed to skills-building seminars and case work and explore some of the legal, procedural, strategic, ethical and theoretical dimensions of issues that arise in cases and other forms of legal advocacy. The program challenges students to examine issues in significant constitutional cases and advocacy initiatives in a critical way, while at the same time allowing them to develop the professional and ethical literacy which is essential to the practice of law. Through their clinical work, written reflections, and weekly seminars, students will test relationships between constitutional principles and the practical realities of the advocacy process, and develop a conceptual and empirical understanding of constitutional lawyering.
Part of each session will be organized as a seminar, which will focus on substantive issues in constitutional advocacy (eg. constitutional jurisdiction of various courts and tribunals; substantive basis for claims; roles of the various parties in Charter litigation; effective advocacy strategies) or on skills building (eg. research, drafting of pleadings, effective brief writing, analysis of legislation). Part of each session will be organized as discussions of the issues raised by the student’s casework and the issues involved in constitutional advocacy. Casework may include formulating case theories and advocacy strategies, legal research, drafting of briefs, facta or reports, or attending hearings.
Examples of past projects include: research and meetings with an advocacy organization on an election rights test case; litigation support (research and legal drafting) for the Centre’s Supreme Court interventions; and, research memorandum exploring advocacy alternatives for redress of rights infringements arising in situations such as the conditions in federal prison and the detention of refugee claimants.
To register for this course, you must email a 1-page statement of interest* to Cheryl Milne, cheryl.milne@utoronto.ca by July 9, 2023 at 11:59pm.
Applications will still be accepted after this date, but priority will be given to any applications received by July 9 at 11:59pm.
*Please indicate the following: (a) previous upper-year courses in constitutional law or human rights law or experience that you consider to be equivalent; (b) any experience in human rights or constitutional issues; (c) any experience that you consider relevant for the course; (e) why you wish to enroll in the Clinic.
Successful applicants will be notified by July 13th of their placement in the clinic.

Litigating Equality in Canada Symposium
2023-05-26 09:00 - 17:00 | Jackman Law Building, Faculty of Law, University of Toronto 78 Queen’s Park, Room J140, 78 Queen's Park, Toronto, Ontario, Canada
In the past decade, several decisions from the Supreme Court of Canada have articulated a revised understanding of the way that section 15 of the Charter is to be applied in Charter litigation. In particular, Fraser has been interpreted by some as modifying the approach by claimants in establishing a section 15 breach and placing more focus on the government’s burden of justification. Most recently, Sharma has articulated an evidentiary burden as part of the test. The Courts have also been challenged to examine the implication of equality rights in Charter challenges and sentencing cases in the criminal law context in ways that place a heavy focus on racial inequities. The events of the summer of 2020 and the Black Lives Matter movement have highlighted the importance of cases such as R v Sharma and R v Morris, that have recently been considered by our courts. The Supreme Court of Canada has also shown an increasing interest in scholarship in the analysis of the law, while at the same time, we are seeing an increased interest and influence of interveners in these cases.
In light of the above developments, the Asper Centre convened a one-day Symposium (in-person and via Webinar) on Friday May 26th, 2023, to critically examine the status and future of equality litigation in Canada. The Symposium was aimed at both practitioners (lawyers and NGOs) who are engaged in public interest litigation and scholars and students who study and analyze the impact of these cases.
Some of the themes that were covered in the Symposium include an analysis of the recent Supreme Court rulings under s.15 of the Charter and their impact on litigation strategies on behalf equality seeking groups and the government; whether and how interveners have made an impact on these cases; the nature of the evidence required to successfully argue or defend these cases; and, lessons from successful as well as unsuccessful litigation in this area extracted from individual cases.
This Symposium builds on some of the themes explored in the Asper Centre’s 2018 Public interest Litigation Conference (and the publication following that Conference) in order to contribute to the practical scholarship on equality litigation in Canada and to produce a follow-up publication to this earlier work.
The Symposium included a morning plenary session on the role of interveners in equality litigation in Canada, a closing panel offering reflections and perspectives from the bench, as well as a full day of panel discussions by academics and practitioners focusing on the above-noted issues.
Link to the BOOK published following the Symposium
View Symposium AGENDA with Speakers Bios and Abstracts
View archived webcast of the Symposium

Research Job Applications Due Date
2023-03-29 12:00
Attention U of T Law JD students and Factor-Inwentash Faculty of Social Work students, please see job adverts for the following positions:
Project Manager
Research Assistant
Deadline for both applications is Wednesday March 29, 2023.
Email: cheryl.milne@utoronto.ca for questions

Constitutional Roundtable with Professor Aileen Kavanagh
2023-03-28 12:30 - 14:00 | Jackman Law Building Room J140, 78 Queen’s Park
Please join us on Tuesday March 28, 2023 at 12:30pm for an Asper Centre Constitutional Roundtable with Professor Aileen Kavanagh on her forthcoming book, The Collaborative Constitution.
The David Asper Centre for Constitutional Rights’ Constitutional Roundtables are an annual series of lunchtime discussion forums that provide an opportunity to consider developments in Canadian constitutional theory and practice. The Constitutional Roundtable series promotes scholarship and aims to make a meaningful contribution to intellectual discourse about Canadian constitutional law.
All are welcome. No Registration or RSVP required. Light lunch will be provided.
The Collaborative Constitution by Aileen Kavanagh
Which branch of government should we trust to protect rights in a democracy? Some take a court-centric approach to this question, arguing that the courts provide a ‘forum of principle’ which makes them uniquely situated to protect rights against the feared and fabled ‘tyranny of the majority’. Others put their faith in the democratic legislature, as a supremely dignified, diverse, and deliberative forum which can protect our rights against the oligarchic offensive of an ermined elite. Rejecting the binary options of either the courts or the legislature, this book argues that protecting rights is a collaborative enterprise between all three branches of government where each branch has a distinct but complementary role to play, whilst working together with the other branches in constitutional partnership. Instead of advocating the hegemony and supremacy of one branch over another, this book articulates a collaborative vision of constitutionalism where the protection of rights is a shared responsibility between all three branches. On this vision, protecting rights is neither the solitary domain of a Herculean super-judge, nor the dignified pronouncements of an enlightened legislature. Instead, it is a complex, dynamic, and collaborative enterprise, where each branch of government has a valuable role to play, whilst treating the other branches with comity and respect.
The Collaborative Constitution is forthcoming with Cambridge University Press in June 2023. Please see the Introduction and Ch 3 of the book, which have been graciously shared by the author in advance of this Roundtable.
Aileen Kavanagh is Professor of Constitutional Governance at Trinity College Dublin and Director of TriCON, the Trinity Centre for Constitutional Governance. Formerly Professor of Constitutional Law at the University of Oxford, Aileen Kavanagh has written widely on comparative constitutional law, human rights and constitutional theory. Her previous books include Constitutional Review under the UK Human Rights Act 1998 (CUP, 2009).

Constitutional Roundtable with Professor Eleonora Bottini
2023-03-23 12:30 - 14:00 | TBD
Please join us on Thursday March 23, 2023 at 12:30pm for an Asper Centre Constitutional Roundtable with Professor Eleonora Bottini on her forthcoming paper titled “Modernizing Constitutions: A comparative analysis of justifications for constitutional reforms.”
The David Asper Centre for Constitutional Rights’ Constitutional Roundtables are an annual series of lunchtime discussion forums that provide an opportunity to consider developments in Canadian constitutional theory and practice. The Constitutional Roundtable series promotes scholarship and aims to make a meaningful contribution to intellectual discourse about Canadian constitutional law.
All are welcome. No Registration or RSVP required. Light lunch will be provided.
Venue: John Willis Classroom FL219, Flavelle House, Faculty of Law, University of Toronto
Abstract: The idea, dear to Thomas Jefferson, that a people cannot be subjected by the laws of the previous generations is in direct contrast with the intention of the constituent power to make the constitution– as opposed to ordinary legislation – last for more than one generation. One way to conciliate this paradox of constitutional theory is the possibility of amending the text of rigid constitutions if and when they become “outdated”. Therefore, a very effective argument to legitimize constitutional amendments has been that they serve the modernization of the constitution, making it compatible with current times without having to substitute it entirely, which could be politically impossible or undesirable. This paper critically examines the uses of the constitutional modernization argument (CMA) from a comparative perspective, by studying examples of constitutional reforms from 2000 to 2022 in various countries. The paper’s contribution is firstly to unpack the structure and assumptions of CMA and to divide it into sub-arguments in order to provide a better understanding of those types of justifications. The paper concludes on a critique of CMA as an unjustified objectivization of constitutional reforms which can mask the changed political preferences that amendments convey.
Eleonora Bottini is Full Professor of Public Law at the University of Caen-Normandy (France) and is currently the Martin-Flynn Global Law Professor at University of Connecticut School of Law. She served previously as associate professor at Sorbonne Law School in Paris and was the Alliance Visiting Professor at Columbia University. She specializes in comparative constitutional law, French constitutional law and legal theory. She has published several articles and book chapters in French, Italian and English and she is the author of a book based on her PhD thesis, “Constitutional sanction: study of a doctrinal argument” (Dalloz, 2016, in French), on the theoretical origins of judicial review.

Careers in Constitutional Law
2023-03-15 12:30 - 14:00 | J140 Jackman Law Building, 78 Queen's Park Cres, Toronto, Ontario, M5S 2C5, Canada
Are you a U of T Law JD Candidate with a passion for promoting and advancing Charter rights and Constitutional law? Do you want to learn about the numerous career paths that exist for lawyers wishing to practice constitutional law, Charter litigation or constitutional-adjacent law?
Please join the Asper Centre for a lunchtime panel discussion on the various career pathways in constitutional law. Meet and get firsthand career advice from 5 amazing U of T Law alumni:

Jessica Orkin (Asper Centre Constitutional Litigator in Residence Fall 2022), partner at Goldblatt’s LLP
Katherine Long (staff lawyer at Justice for Children and Youth)
Katrina Longo (DOJ Lawyer)
Joshua Blum (Refugee and immigration lawyer)
Zachary Biech (staff lawyer at Ecojustice)

Event for U of T Law students. Lunch provided. No registration required. Email tal.schreier@utoronto.ca

Proposal Deadline: Litigating Equality in Canada Symposium
2023-01-31
We are pleased to announce our upcoming Symposium, Litigating Equality in Canada, is due to take place on Friday, May 26, 2023.
Please see our Call for Proposals below. The Deadline for proposals is January 31, 2023.
Asper Centre CALL FOR PAPERS Section 15 Symposium

Morris A. Gross Memorial Lecture 2023
2023-01-26 16:30 - 17:45 | J250 Jackman Law Building Moot Court
Register at morrisgross2023.eventbrite.com

The Morris A. Gross Memorial Lecture was established in memory of the late Morris A. Gross by the law firm Minden Gross LLP and by members of his family, friends and professional associates. The intention of the lectureship is to, every two years, bring to the Faculty of Law a distinguished scholar or a member of the practising bar or bench for discussion with the student body and Faculty, and to deliver the bi-annual Morris A. Gross Memorial Lecture.

The 2023 Morris A. Gross Memorial Lecture

The Hon. Michael H. Tulloch
Chief Justice of Ontario and President of the Court of Appeal for Ontario
Introduction by Professor Kent Roach
The Morris A. Gross Memorial Lecture is convened by the David Asper Centre for Constitutional Rights and is open to all members of the U of T Law community.

Register at morrisgross2023.eventbrite.com

Project Manager position - Application Deadline
2023-01-20 12:00
The Factor-Inwentash Faculty of Social Work, jointly with the David Asper Centre for Constitutional Rights, is seeking a part-time student to supervise its Law Foundation of Ontario funded project: Toolkit for Evidence-Based Child Protection Practice.
NOTE: Job applicant must be a University of Toronto upper year/graduate law student or social work student.
Please see Job Advert HERE

IHRP & Asper Centre book forum with Ninette Kelly - People Forced to Flee: History, Change and Challenge
2022-10-28 12:00 - 15:00 | J140 Jackman Law Building, 78 Queen's Park Cres, Toronto, Ontario, M5S 2C5, Canada
REGISTER
Book Forum hosted by the International Human Rights Program and the David Asper Centre for Constitutional Rights

Friday, October 28, 2022 – 12:00pm to 3:00pm (light lunch served for those in person, at noon; program starting at 12:30pm)
Jackman Law Building, J140 or virtual

People Forced to Flee: History, Change and Challenge (Oxford University Press 2022) by Ninette Kelley
Program

Words of welcome from Dean Jutta Brunnée
Book overview by Ninette Kelley

Commentators

Erin Simpson (JD 2013)
IHRP alumna, founding partner of Landings LLP, practicing refugee and immigration law in Toronto
Professor Yin-Yuan Chen (MSW 2005, JD 2010, SJD 2020)
IHRP and Asper Centre alumnus, University of Ottawa Faculty of Law (Common Law section), researching refugees’ access to health care
Professor Ghizaal Haress
Visiting Scholar and Scholar-at-Risk, University of Toronto Faculty of Law and Munk School of Global Affairs & Public Policy
Fen Hampson (attending virtually)
President, World Refugee and Migration Council

Response by Author
Ninette Kelley is a former senior officer in UNHCR. She recently completed a book for UNHCR to commemorate the 70th anniversaries of the creation of the Office (2020) and of the 1951 Convention Relating to the Status of Refugees (2021). People Forced to Flee: History, Change and Challenge (Oxford University Press, 2022). It reflects back and looks forward: drawing on the lessons of history to probe how we can improve responses to forced displacement. Prior assignments included UNHCR Director, New York (2015-2019) and UNHCR Representative, Lebanon (2010-2015).
Kelley has also held various policy and consultative roles with international humanitarian agencies focusing on development, immigration and refugee issues. In Canada she served eight years on the Immigration and Refugee Board (IRB). She is the author of The Making of the Mosaic: The History of Canadian Immigration Policy, University of Toronto Press, 2nd edition, October 2010 (with Michael Trebilcock) and has published in the areas of human rights law, citizenship, refugee protection, gender related persecution and the Canadian Charter of Rights and Freedoms. She is a lawyer by training.

REGISTER

Charter @ 40 Webinar
2022-10-21 12:00 - 14:00 | Online Zoom Webinar
Forty years ago, the Canadian Charter of Rights and Freedoms was adopted with the signing of the Proclamation of the Constitution Act, 1982. The Charter protects the rights and freedoms of all Canadians and is built on the shared values of equality, justice and freedom. This year also marks the 40th anniversary of Section 35 of the Constitution Act, 1982, which recognizes and affirms Indigenous and Treaty rights of First Nations, Inuit, and Métis.
On October 21, 2022 at noon, please join us for a stimulating discussion (via Zoom Webinar), hosted by the Asper Centre’s Executive Director Cheryl Milne, who will be joined by 9 of the Centre’s past Constitutional Litigators in Residence, for a reflection on the Charter’s anniversary – how far have we come in the last 40 years to uphold the Charter’s rights and values and what we can hope for in the next 40 years?
The following esteemed guests will take part in this special conversation:

Raj Anand
Constitutional Litigator-in-Residence, 2015
Senior partner at Weir Foulds LLP, focused on litigation, administrative and human rights law. Former Chief Commissioner of the Ontario Human Rights Commission and Bencher for the Law Society of Ontario.
Justice Breese Davies
Constitutional Litigator-in-Residence, 2017
Appointed to the Ontario Superior Court of Justice in 2018. Prior to her appointment, she maintained a criminal, constitutional, and human rights law practice.
Mary Eberts
Constitutional Litigator-in-Residence, 2014
Canadian constitutional lawyer and human rights advocate. Recipient of Order of Canada. Influential in creation of Section 15 of the Canadian Charter of Rights and Freedoms and founding member of Women’s Legal Action and Education Fund (LEAF).
Nader Hasan
Constitutional Litigator-in-Residence, 2020
Partner at Stockwood LLP, Nader practises criminal, regulatory and constitutional law at the trial and appellate levels.
Janet E. Minor
Constitutional Litigator-in-Residence, 2016
Former General Counsel in the Constitutional Law Branch of the Ministry of the Attorney General of Ontario and former Treasurer of the Law Society of Ontario.
Justice John Norris
Constitutional Litigator-in-Residence, 2013
Appointed to the Federal Court of Canada in 2018. Prior to his appointment, he maintained a trial and appellate practice in the areas of criminal, constitutional and national security.
Jessica Orkin
Constitutional Litigator-in-Residence, 2022
Partner at Goldblatt Partners, with a broad litigation practice including criminal, civil and administrative law matters, with an emphasis on constitutional rights, human rights, and Aboriginal rights.
Jonathan Rudin
Constitutional Litigator-in-Residence, 2021
Program Director and senior lawyer at Aboriginal Legal Services, Jonathan has written and spoken widely on issues of Indigenous justice.
Susan Ursel
Constitutional Litigator-in-Residence, 2018
Senior partner with the law firm of Ursel Phillips Fellows Hopkinson LLP. Labour and human rights lawyer and frequent speaker, teacher and writer on human rights and Charter issues.

Register for this virtual event at charterat40.eventbrite.com
All welcome!

Student Working Groups Information Session (for U of T Law JD students)
2022-09-13 12:30 - 14:00 | J250 Jackman Law Building
Dear U of T Law JD students,
Please attend this important lunchtime Information session on September 13, 2022 to find out about the volunteer opportunities available this year at the Asper Centre and the IHRP. Lunch will be provided!
Please check our student working group page to learn more about the public interest programs’ joint volunteer recruitment process guidelines (which will be available soon) for more details about how to get involved with our programs.
We look forward to meeting and working with you!
The David Asper Centre for Constitutional Rights
The Asper Centre is devoted to advocacy, research, and education in constitutional law in Canada. The cornerstone of the Centre is a legal clinic that brings together upper year students, faculty, and members of the bar to work on significant constitutional cases and advocacy initiatives for credit.
Students in all years can volunteer with one of the Asper Centre’s student working groups led by upper year students. Working groups prepare policy briefs, draft public legal information materials, organize workshops, and/or conduct research on current or emerging constitutional law and Charter rights issues. This year, the Asper Centre is pleased to support the following working groups: i) Climate Justice; ii) Consent, Sexual Assault, and Constitutional Rights; iii) Prisoners’ Rights Handbook; iv) Police Oversight; and v) Reproductive Rights.
The International Human Rights Program
The IHRP involves law students in international human rights law advocacy, knowledge exchange, and capacity-building. IHRP working groups are student-led projects that provide experiential learning opportunities in several areas of international law. The groups are led by upper year law students and are supervised and supported by the IHRP Director and Research Associates. This year, the IHRP has 5 working groups: Women’s Human Rights Resources, Global Health and Human Rights, Cameroon Anglophone Crisis Database of Atrocities, Sexual Orientation and Gender Identity, and the Venezuela Accountability Project.

Podcast Research Assistant position - application deadline
2022-08-30 12:00
The Asper Centre is hiring a law student to work part-time (8-10 hours/week for about 10 weeks) on its podcast, Charter: A Course, to commence in early September 2022.
The student is expected to help develop podcast episodes, including finding and inviting guests, drafting scripts and show notes, and preparing transcripts for editing. Experience is not required but preference will be given to students who have an understanding and background in podcast production. This position requires excellent research and writing skills, strong computer skills, attention to detail and an interest in constitutional law and podcasts.
To apply, please send a cover letter, resume, and a brief writing sample by e-mail to cheryl.milne@utoronto.ca by 12:00 p.m. on Tuesday August 30, 2022
Candidates must be a current (or incoming) JD student at the University of Toronto. This is paid position.

Call for Proposals for Student Working Groups 2022/23 – Application Due Date
2022-08-11 17:00
Dear Upper Year JD Students:
We are currently accepting proposals from upper year students who are interested in leading a student working group at the Asper Centre next year. Please find the CALL for PROPOSALS for 2022-23 Asper Centre Working Groups here . The application is due on August 11, 2020.
Student working groups at the Asper Centre provide law students with the unique opportunity to conduct legal research and advocacy on Canadian Constitutional and Charter rights issues, often in partnership with an external organization. Examples of past working groups (including this year’s groups) at the Asper Centre may be found at http://aspercentre.ca/clinic/student-working-groups/.
This coming year, the Asper Centre welcomes proposals from students who would be interested in leading a working group focused on indigenous rights or children’s rights, however all proposals will be equally considered. If you would like to apply to lead a working group but need some assistance in developing your working group proposal, please contact tal.schreier@utoronto.ca.
Thank you for your interest and we look forward to working with you.
Successful groups will be notified prior to the start of Fall 2022 term.

Clinic Information Session
2022-07-07 12:30 - 13:30 | Online Zoom Meeting
On July 7, 2022 at 12:30pm the Asper Centre will be taking part in an Information Session, for University of Toronto Faculty of Law upper year students.

This information session will provide details on how to enroll in the for-credit clinical programs at the Asper Centre Constitutional Rights Clinic and Downtown Legal Services for Fall 2022.

Cheryl Milne (Asper Centre ED) and Richard Teicher (DLS Staff Lawyer) will present at the information session with past Clinic students and there will be an opportunity to ask questions.
Students, please check the Internal events calendar listing, by logging into E-legal, for the ZOOM meeting link. Thanks!

Book Forum-Remedies for Human Rights Violations by Kent Roach
2022-03-04 12:30 - 14:30
Asper Centre and IHRP online Book Forum
Remedies for Human Rights Violations by Kent Roach
Hosted by the International Human Rights Program and the Asper Centre for Constitutional Rights,
Faculty of Law, University of Toronto
Friday, March 4, 2022 at 12:30-2:30pm (EST)
REGISTER HERE
Note: After registering, you will receive a confirmation email containing information about joining the meeting.
Prof Roach’s book is available through the Law Library catalog at: https://librarysearch.library.utoronto.ca/permalink/01UTORONTO_INST/14bjeso/alma991107004593306196 or directly at: https://www-cambridge-org.myaccess.library.utoronto.ca/core/books/remedies-for-human-rights-violations/9336DE5D434CE91E89990EE71BBA6B6A
Read Rights Review interview with Prof Roach – https://ihrp.law.utoronto.ca/interview-professor-kent-roach-neglected-field-remedies-human-rights-violationsrof
Co-Chairs:
Rebecca Cook, Professor Emeritus, Faculty of Law
Ashley Major, Research Associate, International Human Rights Program,
Cheryl Milne, Director, Asper Centre for Constitutional Rights

Emergencies Act, Police Powers & COVID Protests
2022-03-02 12:30 - 14:00
We are pleased to convene an ONLINE expert panel discussion about the Emergencies Act, Police Powers & COVID Protests on Wednesday March 2, 2022 @12:30pm.
ZOOM REGISTRATION HERE

Webinar: The Implications of Facial Recognition Technology
2022-02-15 12:30 - 14:00
The Implications of Facial Recognition Technology: An Investigation through the lens of Constitutional, Privacy, and Human Rights Law
Legal issues do not occur in a vacuum. For each new innovative leap forward, there are potential ramifications in business, privacy, strategy, criminal, constitutional, and human rights law. The best lawyers are the ones who recognize the interplay between substantive areas of law and understand how each of the individual threads connects together.
This virtual session, on February 15, 2022 at 12h30 (EST), is a collaboration between the Faculty of Law’s David Asper Centre for Constitutional Rights, the International Human Rights Program, and the Future of Law Lab. It will focus on Facial Recognition Technology (“FRT”) and investigate how its ripples affect various fields of law. In particular, the panel will examine the Constitutional, Privacy, and Human Rights impacts of FRT. Attendees will have the opportunity to hear our experts speak to the benefits, challenges, risks, and trends associated with this novel technology as it relates to their specialization.
PANELISTS

Vincent Chiao, University of Toronto
Vincent Chiao, B.A. (University of Virginia), Ph.D. (Northwestern), J.D. (Harvard), researches and teaches primarily in the area of criminal law and criminal justice, with a particular interest in the philosophical examination of its doctrine and institutions. He is the author of Criminal Law in the Age of the Administrative State (Oxford University Press 2018).
Carole Piovesan, INQ Law

Carole is managing partner at INQ Law, focusing her practice on privacy, cyber readiness, data governance and artificial intelligence (AI) risk management. She regularly counsels clients on a wide range of matters related to privacy, cyber readiness and breach response, data governance, ethical AI and responsible innovation. Prior to founding INQ Law, Carole was co-lead of the national Cybersecurity, Privacy and Data Management group at McCarthy Tétrault. She has represented clients before all levels of court in Ontario as well as at the Supreme Court of Canada.

Kate Robertson, Markson Law
Kate Robertson practices criminal and regulatory litigation representing both individual and corporate clients. Her practice includes both trial and appellate advocacy. She has conducted numerous criminal trials, including jury and judge-alone trials, and has advocated at all levels of court in Canada, including the Supreme Court of Canada. She is a Fellow at The Citizen Lab at the University of Toronto, where she consults on law and policy issues relating to privacy, law enforcement, and surveillance.

REGISTER HERE: https://www.eventbrite.ca/e/the-implications-of-facial-recognition-technology-tickets-258030384827
See EVENT Poster here

Constitutional Roundtable on City of Toronto et al. v. Ontario
2021-11-09 12:30 - 14:00 | Online Zoom Webinar
Asper Centre Webinar on City of Toronto et al. v. Ontario
The David Asper Centre for Constitutional Rights’ Constitutional Roundtable Series presents
A panel discussion on the Charter challenge to Ontario legislation reducing the number of wards in the City of Toronto’s 2018 municipal election more than half-way through the election period
on Tuesday November 9, 2021 at 12h30 EST
Background
Well into the Toronto municipal election in 2018, the Ontario government passed the Better Local Government Act, 2018 reducing Toronto City Council to 25 seats from its original 47. A number of individuals, including candidates in the 47-ward election, challenged the legislation, as did the City of Toronto. It was argued that cancelling a democratic election more than halfway through the election period breached the Charter’s guarantee of freedom of expression, without justification. The challenge was successful at the Superior Court but failed at the Court of Appeal. Toronto appealed to the Supreme Court of Canada and, in a deeply divided 5 to 4 decision released on October 1, 2021, the Court upheld the Act. The panel will discuss the differing views of the majority and dissenting judges and the implications for constitutional litigation and freedom of expression claims more generally.
Panelists
Geetha Philipupillai, Goldblatt Partners LLP, counsel for the intervener Canadian Civil Liberties Association in the SCC appeal
Lorraine Weinrib, Professor Emerita at the University of Toronto Faculty of Law and a specialist in constitutional law and litigation
Alexi Wood, St. Lawrence Barristers LLP, counsel for the Asper Centre in its intervention at the OCA and the SCC
The panel will be moderated by Lillianne Cadieux-Shaw, St. Lawrence Barristers LLP, co-counsel for the Asper Centre in its intervention at the SCC.
VIEW RECORDING of the WEBINAR HERE

Asper Centre Podcast Launch
2021-10-01 12:00
The Asper Centre is thrilled to announce the launch of its podcast on Friday October 1, 2021.
Charter: A Course, hosted by the Asper Centre’s Executive Director Cheryl Milne, 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.
The podcast will be available on October 1, 2021 on many popular podcast streaming services such as Spotify, Stitcher and Apple Music and on our website HERE.

Work Study Positions Application Deadline
2021-09-17 12:00
Work-Study Positions with the Asper Centre
Research and Communications Assistant
The Asper Centre is looking for a student to provide research, writing and technical support for the Centre’s website and social media (Facebook and Twitter). The position involves some research and drafting for content to be uploaded to the Centre’s website related to Canadian constitutional law and the activities of the Centre (primarily case summaries). Support for Asper Centre events will also be expected. Training will be provided in respect to the website; therefore, in-depth knowledge of website development, maintenance and design, although helpful, is not required. Students must be enrolled in JD or LLM programs at the Faculty of Law. Apply by September 17th at 12:00 p.m. through the University’s Career Centre page: http://clnx.utoronto.ca (Job No. 184827).
Administrative Assistant
The Administrative Assistant will be responsible for financial tracking of expenses for the David Asper Centre for Constitutional Rights and the organization of electronic documents, including spreadsheets. Tasks will include the creation of templates for the legal and administrative work of the Centre, electronic file maintenance and the tracking of the Centre’s budget, including sorting and processing financial documents such as invoices, expense claims, and debit memos. Tasks may also include technical and substantive support for the Centre’s podcast series. Basic financial literacy in respect of budgeting and accounting is required. Some knowledge of the legal context would be desirable. Preferred programs of study are business/commerce and law. Apply by September 17th at 12:00 p.m. through the University’s Career Centre page: http://clnx.utoronto.ca (Job No. 184814).

Working Group Information Session
2021-09-14 13:00 - 14:00 | J250 Jackman Law Building Moot Court
Dear U of T Law JD students,
Please attend this information session on September 14, 2021 to learn about the volunteer opportunities available this year at the Asper Centre and the IHRP. Refer to the updated Public Interest Programs Joint Volunteer Recruitment Process guidelines for more details about how to get involved with our programs.
We look forward to meeting and working with you!
The David Asper Centre for Constitutional Rights
The Asper Centre is devoted to advocacy, research, and education in constitutional law in Canada. The cornerstone of the Centre is a legal clinic that brings together upper year students, faculty, and members of the bar to work on significant constitutional cases and advocacy initiatives for credit.
Students in all years can volunteer with one of the Asper Centre’s student working groups led by upper year students. Working groups prepare policy briefs, draft public legal information materials, organize workshops, and/or conduct research on current or emerging constitutional law and Charter rights issues. This year, the Asper Centre is pleased to support the following working groups: Prisoners’ Rights Handbook, Privacy Law Reform, Sex Workers’ Rights, Police Oversight and Freedom of Expression.
The International Human Rights Program
The IHRP involves law students in international human rights law advocacy, knowledge exchange, and capacity-building. IHRP working groups are student-led projects that provide experiential learning opportunities in several areas of international law. The groups are led by upper year law students and are supervised and supported by the IHRP Director and Research Associates. This year, the IHRP has 5 working groups: Women’s Human Rights Resources, Global Health and Human Rights, Cameroon Anglophone Crisis Database of Atrocities, Sexual Orientation and Gender Identity, and the Venezuela Accountability Project.

Application Due: Asper Centre Working Group Proposal
2021-08-18 17:00
For U of T Law JD students
Did you know that you can become involved in the Asper Centre’s legal advocacy work through volunteering (as a 1L) or leading (as a 2L/3L) one of our Student Working Groups? The working groups are student-led initiatives that bring together approx. 15 students to work in conjunction with the Asper Centre, U of T Law faculty members, researchers, civil society groups and members of the bar on current Charter rights advocacy or Constitutional law issues. Last year we had 6 incredible working groups focused on Refugee & Immigration Law, Climate Justice, Sex Workers’ Rights, Artificial Intelligence, Prisoners’ Rights and Indigenous Rights. Read more about our student working groups and find our Call for Proposals for 2021-2022 Asper Centre Working Groups HERE: https://aspercentre.ca/clinic/student-working-groups/.

We’re looking forward to hearing from you to discuss ideas for engaging projects for the upcoming year! Emails to tal.schreier@utoronto.ca.

Clinic Information Session
2021-06-22 12:30 - 13:30 | Online Zoom Webinar
This information session, for University of Toronto Faculty of Law upper year students, will provide details on how to enroll in the for-credit clinical programs at the faculty including the Asper Centre Constitutional Rights Clinic, Downtown Legal Services, and the Investor Protection Clinic for Fall 2021.

The following Directors will present at the information session and there will be an opportunity to ask questions.

Cheryl Milne, Asper Centre

Prasanna Balasundaram, Downtown Legal Services
Ivy Lam, Investor Protection Clinic

Link to Zoom Webinar can be found in Faculty of Law Events Calendar (internal) here >> Clinic Information Session | University of Toronto Faculty of Law (utoronto.ca)

Introduction to s.35 and the Duty to Consult (Online Webinar)
2021-01-22 12:30 - 14:00 | Online Zoom Webinar
The David Asper Centre for Constitutional Rights’ Climate Justice Working Group and the Indigenous Initiatives Office (IIO) at the Faculty of Law convened an Introduction to s. 35 and the Duty to Consult (online webinar) on January 22nd, 2021 at 12:30 pm.
The duty to consult, and accommodate, is a central tenet of Crown-Indigenous relations. On the one hand, the SCC has stated that the “duty to consult… must be understood generously to achieve reconciliation”. And yet it has also been described as “a process of give and take”.
In recent years there have been high-profile and important cases dealing with the content of the duty to consult. Yet, the origins and the current state of the duty to consult, as well as possible ways in which it can be improved, may not be clear to the broader law school community. The Climate Justice working group and the IIO convened this event to provide an opportunity for students, faculty and the broader law school community to engage with this incredibly important topic from both an academic and practitioner point of view. Ultimately, this event called on the law school community to continue their own learning on the subject.
The panel will be moderated by Professor Kerry Wilkins, who will be joined in discussion by Joel Morales (Counsel at Olthuis Kleer Townshend LLP) and Candice Telfer (Acting Director of the Legal Services Branch in Ontario’s Ministry of Indigenous Affairs). A brief document (Primer on the Duty to Consult) was circulated to attendees ahead of the event with some background information and suggested further readings.
A RECORDING OF THE EVENT IS AVAILABLE HERE

Research Assistant & Project Manager Application Due Date
2021-01-18 12:00
Research Assistant position
The Factor-Inwentash Faculty of Social Work, jointly with the David Asper Centre for Constitutional Rights, is seeking a student to work as a part-time research assistant to contribute to a project regarding operationalizing the compensation categories described in 2019 Canadian Human Rights Tribunal (CHRT) ruling 39, in respect of the claim on behalf of First Nations children. The Application is due on January 18, 2021 at noon. For more information, please see: Research Assistant job advert here
Project Manager position
The Factor-Inwentash Faculty of Social Work, jointly with the David Asper Centre for Constitutional Rights, is seeking a part-time student to supervise its Law Foundation of Ontario funded project: Toolkit for Evidence-Based Child Protection Practice. The Application is due on January 18, 2021 at noon. For more information, please see: Project Manager job advert here

The Constitutionality of Canada's Greenhouse Gas Pollution Pricing Act: A Panel Discussion
2020-11-16 12:45 - 14:00 | Online Zoom Webinar
The David Asper Centre for Constitutional Rights’ Climate Justice Working Group is pleased to present a panel discussion (online webinar) on November 16th, 2020 at 12:45p.m. about the constitutionality of Canada’s Greenhouse Gas Pollution Pricing Act.
The constitutionality of the Act has been a subject of debate in courts across the country and was most recently the subject of multi-day hearing at the Supreme Court of Canada. The constitutional challenge at the SCC was brought by the governments of Ontario, Alberta and Saskatchewan, who were joined by many interveners who advanced diverse and interesting perspectives.
The Climate Justice working group is looking forward to providing an opportunity for the law school (and broader legal community) to engage with this incredibly important and timely topic. At the event, the Climate Justice working group members will be speaking to counsel for the Attorney General of Canada (Sharlene Telles-Langdon), counsel for the the Attorney General of Ontario (Joshua Hunter) as well as to counsel for Ecojustice (Joshua Ginsberg) and counsel for the Anishinabek Nation and the United Chiefs and Councils of Mnidoo Mnising (Patricia Lawrence).
Register here
Registration is free and open to the public. Link to the Zoom Webinar will be shared after registration.
Please email tal.schreier@utoronto.ca for questions.

Constitutional Roundtable with Professor Ran Hirschl
2020-11-12 12:45 - 14:00
“City, State: Constitutionalism and the Megacity” by Ran Hirschl

The Asper Centre is pleased to present a Constitutional Roundtable on Thursday November, 12 2020 at 12:45p.m. with Professor Ran Hirschl about his new book: City, State: Constitutionalism and the Megacity (Oxford: 2020).
This book:

Addresses a major scholarly gap – the great constitutional silence concerning urban agglomeration and the rise of megacities.
Provides a detailed, first-of-its-kind, comparative analysis of the constitutional status of cities across time and place.
Probes the origins and consequences of the constitutional (dis)empowerment of the metropolis.
Advances novel arguments for granting the metropolis adequate constitutional standing while mitigating the urban/rural divide.

Ran Hirschl is Professor of Political Science & Law at the University of Toronto. As of 2016, he holds the Alexander von Humboldt Professorship in Comparative Constitutionalism, having been granted a coveted AvH International Research Award (the most highly-endowed research award in Germany) by the Humboldt Foundation. From 2006 to 2016 he held the Canada Research Chair in Constitutionalism, Democracy and Development at the University of Toronto. In 2014, he was elected Fellow of the Royal Society of Canada (FRSC)–the highest academic accolade in that country. The official citation describes him as “one of the world’s leading scholars of comparative constitutional law, courts and jurisprudence.”
Many of the themes of this book can be found in this recent paper by Prof Hirschl: Cities in National Constitutions:
Northern Stagnation, Southern Innovation.

VIEW RECORDING of the WEBINAR HERE

Constitutional Roundtable with Kerry Wilkins
2020-10-28 12:45 - 14:00
“So You Want to Implement UNDRIP…” by Kerry Wilkins

The David Asper Centre for Constitutional Rights hosted a Constitutional Roundtable with U of T Law adjunct professor Kerry Wilkins on Wednesday October 28, 2020 at 12:45p.m.(online webinar) about his upcoming journal article in the UBC Law Review, “So You Want to Implement UNDRIP…” (see abstract below).
Kerry Wilkins, B.A. (Utah), M.A. (Michigan), LL.B., LL.M. (Toronto) is a recovering government lawyer, has written one book, edited another and published some articles. Kerry convenes the Aboriginal Law Practicum at U of T Law and also teaches Indigenous Peoples and the Constitution of Canada. He accepts speaking engagements and submits written work for publication when he thinks he has something to say. Others have occasionally agreed.

ABSTRACT

Although much has been written already about the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP, or the Declaration), there is surprisingly little in print about what it would mean, and what it would take, to give meaningful, enforceable legal effect to UNDRIP in Canadian law. Given that the government of Canada has twice committed publicly to introducing legislation to implement UNDRIP, most recently in the September 23, 2020 Speech from the Throne, it is prudent to give some thought to these conceptual and operational issues.
This paper seeks to initiate that conversation. It’s in two principal parts. The first of those identifies and discusses four (of many) issues that deserve, and arguably need, clarification at the outset of UNDRIP implementation: identifying and individuating the “Indigenous peoples” to whom the rights in UNDRIP would belong; identifying which lands in Canada are, or were traditionally, those of each of the nominate Indigenous peoples; deciding how to decide which features of an Indigenous people’s culture would, and should, benefit from the protection of the cultural rights in the Declaration; and clarifying what residual role, if any, mainstream Canadian governments or legal institutions should play if something goes wrong within a community of Indigenous peoples exercising its UNDRIP rights of self-determination.
The second principal part considers the relative advantages and disadvantages of treaties and legislation as possible vehicles for domestic UNDRIP implementation. A national UNDRIP treaty would constitutionalize the rights it contained, but would probably take a great deal of time to negotiate and conclude. There might be ways of proceeding incrementally. Legislation has the potential advantages of promptness and uniformity, but UNDRIP legislation raises some constitutional issues and ordinary legislation faces risks of cumulative erosion, or even subsequent outright repeal. Finally, it will take care and forethought to integrate Indigenous peoples’ consent – a feature of several UNDRIP rights – into administrative decision-making in a way that works.

WEBINAR RECORDING LINK
