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DTSTART;TZID=America/Toronto:20120117T123000
DTEND;TZID=America/Toronto:20120117T140000
DTSTAMP:20260506T223456
CREATED:20170621T145728Z
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SUMMARY:U of T Law Faculty Members Comment on the Polygamy Reference
DESCRIPTION:The British Columbia Supreme Court released its decision in the Ref. Re. S.293 of the Criminal Code of Canada (Polygamy Reference) on November 23rd. With a length of over 280 pages\, the case provides the most comprehensive judical record on the subject of polygamy ever produced. Legal arguments were presented by the Attorney General of British Columbia\, the Attorney General of Canada and an Amicus Curiae appointed for the reference\, along with 13 interested persons\, including the David Asper Centre. \nA number of academics from the Faculty of Law will weigh in on the decision\, offering diverse perspectives on the constitutional arguments\, international law\, procedures and evidenciary issues in the case. Confirmed speakers include the following: \nBrenda Cossman joined the Faculty of Law in 1999\, and became a full professor in 2000. She holds degrees in law from Harvard and the University of Toronto\, and an undergraduate degree from Queen’s. In 2002 and 2003\, she was a Visiting Professor of Law at Harvard Law School. Prior to joining the University of Toronto\, she was Associate Professor at Osgoode Hall Law School of York University. Professor Cossman’s teaching and scholarly interests include family law\, law and sexuality\, and freedom of expression. Her most recent book Sexual Citizens: The Legal and Cultural Regulation of Sex and Belonging was published by Stanford University Press in 2007. Her publications include the co-authored Bad Attitudes on Trial: Pornography\, Feminism and the Butler Decision (University of Toronto Press) and Censorship and the Arts (published by the Ontario Association of Art Galleries). \nMohammad Fadel is Associate Professor at the Faculty of Law\, which he joined in January 2006. He received his B.A. in Government and Foreign Affairs (1988)\, a Ph.D. in Near Eastern Languages and Civilizations at the University of Chicago (1995) and his J.D. from the University of Virginia (1999). While at the University of Virginia School of Law\, Professor Fadel was a John M. Olin Law and Economics Scholar and Articles Development Editor of the Virginia Law Review. Prior to law school\, Professor Fadel completed his Ph.D in Chicago\, where he wrote his dissertation on legal process in medieval Islamic law. Professor Fadel was an expert witness in the Reference. \nHamish Stewart joined the Faculty of Law in 1993 and is now a Professor of Law at the University of Toronto. Before attending law school\, he studied economics (B.A.\, University of Toronto\, 1983; Ph.D.\, Harvard University\, 1989) and taught for a year in the economics department at Williams College. He received an LL.B. degree from the University of Toronto in 1992\, clerked at the Ontario Court of Appeal in 1992-93\, and was called to the Ontario Bar in 1998. Professor Stewart teaches criminal law and the law of evidence\, and has published numerous papers in these areas as well as papers on the law of contract\, legal theory\, and economic methodology. He is the general editor of Evidence: A Canadian Casebook\, 2d ed. (Toronto: Emond Montgomery\, 2006)\, an associate editor of the Dominion Law Reports and Canadian Criminal Cases\, and book review editor of the University of Toronto Law Journal. \nLorraine E. Weinrib was appointed to the Faculty of Law and the Department of Political Science in 1988. Previously\, she worked in the Crown Law Office – Civil\, Ministry of the Attorney General (Ontario)\, holding the position of Deputy Director of Constitutional Law and Policy at the time of her departure. Her work included legal advice and policy development on constitutional issues\, as well as extensive litigation\, frequently in the Supreme Court of Canada. In 1993\, Professor Weinrib was Visiting Professor (Fulbright Fellowship) at the University of Michigan Law School; in 1994 at the Hebrew University\, Jerusalem (Halbert Academic Exchange); and in 2001 and 2002 at the Tel Aviv Faculty of Law. She holds law degrees from Yale and Toronto\, and an undergraduate degree from York University. Professor Weinrib teaches the first year constitutional law course as well as advanced courses on the Charter\, constitutional litigation\, and comparative constitutional law. Her writing\, in which she advocates the institutional coherence of the Charter\, includes articles on the interpretation of sections 1 and 33\, the theoretical dimension of the Supreme Court of Canada’s Charter jurisprudence\, the process leading up to the 1982 amendments to the Constitution\, and studies of leading cases\, e.g.\, Morgentaler (abortion)\, Ford (override)\, Keegstra (hate promotion) and Rodriguez (assisted suicide). She has also written on the topic of women in the legal profession. \nCarol Rogerson is a professor at the Faculty of Law\, where she began teaching in 1983. She served as Associate Dean of the Faculty from 1991 to 1993. She holds degrees in law from Harvard and Toronto\, a master’s degree in English from Toronto\, and an undergraduate degree from the University of Alberta. Professor Rogerson’s teaching and research interests encompass constitutional and family law. She is editor of Competing Visions of Constitutionalism: The Meech Lake Accord (with K. Swinton) and one of the co-authors of Canadian Constitutional Law. She is also the author of numerous law review articles in both the constitutional and family law areas and has frequently worked with governments on issues of family law reform. In 1985 she was honoured with a University of Toronto Teaching Award. \nRebecca Cook\, A.B. (Barnard)\, M.A. (Tufts)\, M.P.A. (Harvard)\, J.D. (Georgetown)\, LL.M. (Columbia)\, J.S.D. (Columbia)\, called to the Bar of Washington\, D.C.\, is Professor and Faculty Chair in International Human Rights\, and Co-Director of the International Programme on Reproductive and Sexual Health Law in the Faculty of Law at the University of Toronto. She also holds positions in the Faculty of Medicine and the Joint Centre for Bioethics at the University of Toronto. She is ethical and legal issues co-editor of the International Journal of Gynecology and Obstetrics\, and serves on the editorial advisory boards of Human Rights Quarterly and Reproductive Health Matters. She has written with B.M. Dickens and M.F. Fathalla\, Reproductive Health and Human Rights: Integrating Medicine\, Ethics and Law (Oxford\, 2003) (translated into Chinese\, French\, Portuguese\, and Spanish\, case studies translated into Arabic). She is also the author of Gender Stereotyping: Transnational Legal Perspectives\, with Simone Cusack\, published by University of Pennsylvania Press in 2009. She was an expert witness in the Polygamy Reference. \nDavid Schneiderman\, B.A (McGill) 1980\, LL.B. (Windsor) 1983\, LL.M. (Queen’s) 1993\, is Professor of Law and Political Science. He was called to the Bar of British Columbia in 1984 where he practised law and then served as Research Director of the Canadian Civil Liberties Association in Toronto from 1986-89. He was Executive Director of the Centre for Constitutional Studies\, an interdisciplinary research institute\, at the University of Alberta from 1989-99. Professor Schneiderman has authored numerous articles on Canadian federalism\, the Charter of Rights\, Canadian constitutional history\, and constitutionalism and globalization. He has authored Constitutionalizing Economic Globalization: Investment Rules and Democracy’s Promise (Cambridge University Press\, 2008) and co-authored The Last Word: Media Coverage of the Supreme Court of Canada with Florian Sauvageau and David Taras (UBC Press\, 2006). \nModerator: Cheryl Milne\, Executive Director of the Asper Centre\, was called to the Ontario Bar in 1987 and completed an MSW at the University of Toronto in 1991. Prior to coming to the Centre\, Ms Milne was a legal advocate for children with the legal clinic Justice for Children and Youth. There she led the clinic’s Charter litigation including the challenge to the corporal punishment defence in the Criminal Code [Canadian Foundation for Children\, Youth and the Law v Canada (2004)]\, the striking down of the reverse onus sections of the Youth Criminal Justice Act for adult sentencing [R v D.B. (2008)]\, and an intervention involving the right of a capable adolescent to consent to her own medical treatment [A.C. v Manitoba Child and Family Services (2009)]. She has represented the Asper Centre in R v Conway and most recently in the Polygamy Reference case. She is the Past Chair of the Ontario Bar Association’s Constitutional\, Civil Liberties and Human Rights section and teaches a clinical course in constitutional advocacy at the University of Toronto\, Faculty of Law\, and Social Work & the Law at Ryerson University. Ms Milne is also the director of the combined JD and MSW program at the Faculty of Law. \nEvent date: Tuesday\, January 17\, 2012\, from 12:30 PM to 2:00 PM\nLocation: Bennett Lecture Hall\, Flavelle House\, Faculty of Law
URL:https://aspercentre.ca/event/u-of-t-law-faculty-members-comment-on-the-polygamy-reference/
END:VEVENT
BEGIN:VEVENT
DTSTART;TZID=America/Toronto:20120123T123000
DTEND;TZID=America/Toronto:20120123T140000
DTSTAMP:20260506T223456
CREATED:20170621T145510Z
LAST-MODIFIED:20170621T145510Z
UID:902-1327321800-1327327200@aspercentre.ca
SUMMARY:The Omnibus Crime Bill: Bill C-10
DESCRIPTION:On September 20th\, 2011\, federal justice minister Rob Nicholson tabled Bill C-10\, the Safe Streets and Communities Act. Forty five sitting days later\, on December 5th\, the bill passed in the House of Commons. The bill includes several reforms in our criminal justice system\, including new mandatory minimum sentences and the elimination of conditional sentences for a range of offences\, and a stricter approach to the youth criminal justice system. The reforms received severe criticism from civil liberties groups and from the provincial governments who will have to internalize a portion of the high costs entailed. This Asper Centre panel event aims to focus on the wisdom of the new policies in light of social science research\, the practical effect of the reforms for criminal law practitioners\, and the impact on young offenders. \nPanel Discussion with:\nProfessor Anthony Doob\, FRSC is a professor of criminology at the Centre for Criminology and Social Studies at the University of Toronto. He holds an A.B from Harvard University and a Ph.D. in Psychology from Stanford University. Professor Doob has published extensively in the areas of penal policy and sentencing. His research interests include juvenile justice\, the development of criminal justice policy in Canada\, and public perception of crime and the justice system. Currently\, he is doing research on two separate topics. First\, he is continuing his investigation of the manner in which the youth justice system processes young people. Secondly\, in collaboration with Cheryl Webster\, at the University of Ottawa\, he is conducting research in the area of criminal justice punishment policies in Canada during the past half century. This past fall\, Professor Doob appeared in front of the House of Commons committee reviewing Bill C-10. \nClayton Ruby\, CM\, LLD is one of Canada’s leading lawyers specializing in criminal\, constitutional\, administrative and civil rights law. Mr. Ruby received his LL.B. from the University of Toronto and his LL.M. from the University of California (Berkeley). Mr. Ruby also authored the leading resource on the law of sentencing in Canada\, Sentencing\, which\, for the past 25 years\, has been used by criminal practitioners and the Supreme Court of Canada as the leading authority on the topic. Mr. Ruby has been counsel in several high profile matters\, including representing Donald Marshall Jr. at the Royal Commission on the Donald Marshall Jr. Prosecution\, representing Atif Ahmad Rafay in US v Burns and Rafay\, obtaining an acquittal for the wrongfully convicted Guy Paul Morin\, and representing Ralph Hussey in R v Askov. In 2006\, Mr. Ruby was made a Member of the Order of Canada. \nCheryl Milne is a leading children’s rights lawyer and the Executive Director of the Asper Centre. Prior to coming to the Centre\, Ms Milne was a legal advocate for children with the legal clinic Justice for Children and Youth. There she led the clinic’s Charter litigation including the challenge to the corporal punishment defence in the Criminal Code [Canadian Foundation for Children\, Youth and the Law v. Canada (2004)]\, the striking down of the reverse onus sections of the Youth Criminal Justice Act for adult sentencing [R. v. D.B. (2008)]\, and an intervention involving the right of a capable adolescent to consent to her own medical treatment ( A.C. v. Manitoba Child and Family Services (2009)]. She has represented the Asper Centre in R. v. Conway and most recently in the Polygamy Reference case. She is the Past Chair of the Ontario Bar Association’s Constitutional\, Civil Liberties and Human Rights section. \nModerated by Professor Vincent Chiao\, B.A. (University of Virginia)\, Ph.D. (Northwestern)\, J.D. (Harvard). Prof. Chiao 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. Prior to joining the faculty in 2011\, he was a law clerk for the Hon. Juan R. Torruella of the United States Court of Appeals for the First Circuit and a Reginald F. Lewis Fellow at Harvard Law School. \nA light lunch will be served. \nEvent date: Monday\, January 23\, 2012\, from 12:30 PM to 2:00 PM\nLocation: Room FLC\, Flavelle House\, Faculty of Law
URL:https://aspercentre.ca/event/the-omnibus-crime-bill-bill-c-10/
END:VEVENT
BEGIN:VEVENT
DTSTART;TZID=America/Toronto:20120925T123000
DTEND;TZID=America/Toronto:20120925T140000
DTSTAMP:20260506T223456
CREATED:20170621T144855Z
LAST-MODIFIED:20170621T144855Z
UID:894-1348576200-1348581600@aspercentre.ca
SUMMARY:Counsel and expert witness reflect on Carter v Canada
DESCRIPTION:Prof. Wayne Sumner (Professor Emeritus of Philosophy\, University of Toronto\, expert witness on ethics in the Carter case) and Joseph Arvay\, Q.C. (counsel for the plaintiffs in Carter and leading constitutional litigator) will reflect on the landmark British Columbia Supreme Court decision\, Carter v Canada 2012 BCSC 886. \nJoseph J. Arvay\, QC holds law degrees from the University of Western Ontario Law School and Harvard Law School. He is called to the Bars of both British Columbia and the Yukon. Mr. Arvay has a busy civil litigation practice but with an emphasis on constitutional and administrative law matters. He has been involved in many constitutional cases of importance in British Columbia and elsewhere in Canada. Mr. Arvay has been involved in a number of aboriginal-rights litigation cases and is also counsel on medical malpractice cases\, class actions\, commercial litigation and defamation.Mr. Arvay has been counsel on a number of landmark constitutional law cases including Egan v Canada\, The Little Sisters litigation\, Health Services\, Canada v PHS Community Services amongst many others. He is counsel on the Carter case. \nWayne Sumner is University Professor Emeritus in the Department of Philosophy at the University of Toronto. He is the author of five books: Abortion and Moral Theory (1981); The Moral Foundation of Rights (1987); Welfare\, Ethics\, and Happiness (1996); The Hateful and the Obscene: Studies in the Limits of Free Expression (2004); and Assisted Death: A Study in Ethics and Law (2011). He is a Fellow of the Royal Society of Canada and recipient of the 2009 Molson Prize in Social Sciences and Humanities from the Canada Council for the Arts. He was qualified as an expert witness in the case before the Supreme Court of British Columbia. \nA light lunch will be served. \nEvent date: Tuesday\, September 25\, 2012\, from 12:30 PM to 2:00 PM\nLocation: Room FLB\, Flavelle House\, Faculty of Law\, University of Toronto \nFor more workshop information\, please contact Nadia Gulezko at n.gulezko@utoronto.ca
URL:https://aspercentre.ca/event/counsel-and-expert-witness-reflect-on-carter-v-canada/
END:VEVENT
BEGIN:VEVENT
DTSTART;TZID=America/Toronto:20130110T123000
DTEND;TZID=America/Toronto:20130110T140000
DTSTAMP:20260506T223456
CREATED:20170621T143617Z
LAST-MODIFIED:20170621T143617Z
UID:882-1357821000-1357826400@aspercentre.ca
SUMMARY:Judging Social Rights
DESCRIPTION:CONSTITUTIONAL ROUNDTABLE \nand the \nInternational Human Rights Program \npresent \nJeff King\, Senior Lecturer\, Faculty of Law\, University College\, London\nThursday\, January 10\, 2013\n12:30 – 2:00\nRoom FLC\, Flavelle House\, Faculty of Law\n78 Queen’s Park \nJeff King is a distinguished visitor this year at the Faculty of Law\, teaching an intensive course on social rights. His discussion will focus on some of the central themes of his book\, Judging Social Rights (Cambridge Studies in Constitutional Law). His book offers an extended argument about why abstract social rights to housing\, education\, health care\, and social security should be part of constitutions. He argues that judges should be able to interpret and enforce social rights\, including by striking down legislation\, but should act incrementally\, taking small steps to expand the coverage of existing rules and principles in a controlled fashion. \nJeff King\, BA Hons in Phil (Ottawa) 1996\, LLB/BCL (McGill) 2002\, MSt (Oxford) 2006\, DPhil (Oxford) 2009\, is a Senior Lecturer at the Faculty of Laws University College London\, where he teaches public law\, human rights\, and legal and constitutional theory. He is Co-Editor of the journal Current Legal Problems. Previously\, he was a Fellow and Tutor in law at Balliol College\, and CUF Lecturer for the Faculty of Law\, University of Oxford (2008-2011)\, a Research Fellow at the Centre for Socio-Legal Studies\, Oxford (2008-2010)\, a Research Fellow and Tutor in public law at Keble College\, Oxford (2007-08)\, and an attorney at Sullivan & Cromwell LLP in New York City (2003-04). His research and teaching broadly examines doctrinal\, theoretical and empirical aspects of comparative public law. He has published articles on the justiciability of resource allocation\, judicial restraint\, complexity in adjudication\, the function of constitutions\, the value of legal accountability\, proportionality in administrative law\, odious debt in international law\, and a monograph setting out the case for constitutional social rights and a theory of adjudication in respect of them. \nFor more workshop information and a copy of the draft paper\, please contact Nadia Gulezko at n.gulezko@utoronto.ca
URL:https://aspercentre.ca/event/judging-social-rights/
END:VEVENT
BEGIN:VEVENT
DTSTART;TZID=America/Toronto:20130124T123000
DTEND;TZID=America/Toronto:20130124T140000
DTSTAMP:20260506T223456
CREATED:20170621T143138Z
LAST-MODIFIED:20170621T143223Z
UID:879-1359030600-1359036000@aspercentre.ca
SUMMARY:Common Good\, Public Reason and Constitutional Law
DESCRIPTION:Wojciech Sadurski\, University of Sydney\nThe most feasible conception of the common good is one that refers to the legitimate motives for proposing and enacting collective authoritative decisions\, which can be applied to\, and complied with by\, those who do not necessarily agree with the substantive merits of those decisions. Concretization of such a conception is found in the idea of public reason\, elaborated upon with some sophistication by political liberals\, most influentially by John Rawls. When properly modified in response to its critics (notably Ronald Dworkin)\, this idea resonates with a popular constitutional doctrine which calls for invalidation of laws tainted by wrong (i.e. unconstitutional) motives; thus the concept of public reason may be a useful tool in identifying which motives should be found unconstitutional. As scrutiny reliant upon the second-guessing of actual legislative motives is potentially unworkable\, what is needed is an “objectified” approach to the motives. This can be detected through reasonableness analysis\, perhaps supported by the device of proportionality. But there are limits to the arbitrary “manufacturing” of reasons\, and the test of public reason is of value not only in the scrutiny of laws already enacted\, but also as an appeal to lawmakers that only some types of arguments should be used in public discourse. While at first blush it may be seen as a prescription for hypocrisy\, in fact the concept of public reason may play an important therapeutic and reflexive role: it may teach us to use only such arguments in public discourse which are respectful of fellow citizens who may disagree due to varying ideologies\, religions and philosophical outlooks. \nEvent date: Thursday\, January 24\, 2013\, from 12:30 PM to 2:00 PM\nLocation: Solarium\, Falconer Hall\, Faculty of Law\, University of Toronto \nWojciech Sadurski is Challis Professor of Jurisprudence at the University of Sydney and Professor of the Centre for Europe at Warsaw University. He has taught at several institutions around the world\, such as Cornell Law School and Cardozo Law School in the United States\, and at universities across Europe: in Trento\, Paris and Warsaw. He was Professor of Legal Theory and Philosophy of Law at the European University Institute in Florence from 1999-2009\, serving as Head of Department of the Law at the EUI in 2003-2006. Specialising in philosophy of law\, political theory\, constitutional theory and comparative constitutional law\, his most recent books include: Rights Before Courts: A Study of Constitutional Courts in Postcommunist States of Central and Eastern Europe (Springer\, 2005)\, Equality and Legitimacy (Oxford University Press\, 2008) and Constitutionalism and the Enlargement of Europe (Oxford University Press\, 2012). A member of a number of governing and programme bodies of think tanks and NGOs dealing with human rights and democracy promotion\, he is currently Chairman of Academic Advisory Board of the Community of Democracies. A full profile and list of publications is available at http://sydney.edu.au/law/about/staff/WojciechSadurski/index.shtml. \nA light lunch will be served. \nFor more workshop information and a copy of the draft paper\, please contact Nadia Gulezko at n.gulezko@utoronto.ca
URL:https://aspercentre.ca/event/common-good-public-reason-and-constitutional-law/
END:VEVENT
BEGIN:VEVENT
DTSTART;TZID=America/Toronto:20130227T160000
DTEND;TZID=America/Toronto:20130227T173000
DTSTAMP:20260506T223456
CREATED:20170621T142544Z
LAST-MODIFIED:20170621T142544Z
UID:873-1361980800-1361986200@aspercentre.ca
SUMMARY:2013 Morris A Gross Memorial Lecture
DESCRIPTION:The Honourable Lynn Smith\nThe Quest for a Charter Equality Test: Has the Longest Way Round Been the Shortest Way Home? \nWatch the webcast here. \nEvent date: Wednesday\, February 27\, 2013\, from 4:00 PM to 5:30 PM\nLocation: Rowell Room\, Flavelle House\, Faculty of Law\, University of Toronto \nLynn Smith\, B.A. (University of Calgary)\, LL.B. (University of British Columbia)\, LL.D. (Hon.) (Simon Fraser University) was appointed to the Supreme Court of British Columbia in 1998. She served as a Justice of that Court until her retirement in September 2012. Prior to her appointment as a judge\, she practised law at Shrum\, Liddle and Hebenton (now McCarthy Tetrault)\, specializing in civil litigation. She taught law at the University of British Columbia 1981-97 in areas including Constitutional Law\, Evidence\, Civil Litigation\, and Real Property. She has published books and articles in the fields of Charter equality rights\, civil litigation and evidence\, human rights\, administrative law\, and women’s equality. She was Dean of the U.B.C. Law Faculty 1991-97. In 2005-06\, Lynn Smith was Executive Director of the National Judicial Institute\, on secondment from the Court. She is a Judicial Associate of the National Judicial Institute and serves on the faculty of the Charter and Evidence Workshops as well as the New Federally-Appointed Judges Program. She has been involved in international judicial education exchanges with China\, Scotland\, Ghana and Viet Nam. During a Judicial Study Leave in 2009-10\, she researched credibility assessment\, examining the psychological and social science literature as well as the law. She published a paper on that topic\, and prepared a program on credibility assessment used in National Judicial Institute seminars. Lynn Smith was the Chair of the B.C. Supreme Court Law Clerks Committee and of the Committee on Communications Technology\, whose report was adopted by the Court in May\, 2012. Commencing in January\, 2013\, she is teaching a seminar on Constitutional Litigation at the U.B.C. Faculty of Law. She is married to Jon Sigurdson\, who is a Justice of the Supreme Court of British Columbia. They have two daughters\, Elin Sigurdson and Krista Sigurdson. \nThe 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. \nThis event is being co-sponsored by the JOHN AND MARY YAREMKO FUND FOR MULTICULTURALISM AND HUMAN RIGHTS. \nFor more information\, contact Cheryl Milne cheryl.milne@utoronto.ca
URL:https://aspercentre.ca/event/2013-morris-a-gross-memorial-lecture/
END:VEVENT
BEGIN:VEVENT
DTSTART;TZID=America/Toronto:20150205T123000
DTEND;TZID=America/Toronto:20150205T140000
DTSTAMP:20260506T223456
CREATED:20170621T134246Z
LAST-MODIFIED:20170621T162717Z
UID:831-1423139400-1423144800@aspercentre.ca
SUMMARY:Constitutional Roundtable- Richard Stacey
DESCRIPTION:  \nConstitutional Roundtable \npresents \n Richard Stacey\, Faculty of Law University of Toronto \n12:30 – 2:00 p.m. \nThursday\, February 5\, 2015 \nRoom 101\, Victoria College \nConstitutional Law in the Absence of Constitution: Power in the Revolutionary Interregnum \nIn early February 2011\, the Egyptian armed forces assumed executive control of Egypt and suspended the 1971 Constitution. A group of academics was mandated to propose amendments to the Constitution which\, once approved by referendum on 19 March\, became Egypt’s ‘interim’ Constitution. A process for the drafting and adoption of a new constitution was initiated\, and the 2012 Constitution was adopted by referendum in December 2012. The armed forces again assumed executive control in July 2013 and suspended the 2012 Constitution\, with another new constitution approved at referendum in January 2014. During both periods of military control\, it remains unclear what replaced the suspended Constitution as the country’s foundational legal instrument. The Egyptian case is an example of constitutional interregnum\, where political authority is exercised in the apparent absence of any formal constitutional foundation for political authority. This paper focuses on these periods of constitutional interregnum\, exploring through a number of contemporary and historical cases how the gap left by the suspension of a constitution during a period of constitutional replacement is filled. The paper argues that even without a formal written constitution\, a governing body’s authority and the lawfulness of its conduct depends on adherence to supra-constitutional principles derived from the commitment to constitutional democracy itself. Because a democratic constitution claims to speak for the whole people\, the law in force during the constitutional interregnum and which governs the drafting of a new constitution must\, at least\, treat all and each of the people as equals and affirm a democratic right to representation in the drafting process. Any meaningful claim to be exercising authority in the name of the people – a claim to the authority of popular sovereignty – implies a commitment to a set of principles capable of constraining and directing the groups or individuals who exercise authority. These principles provide a constitutional foundation for government and for the legal system during the interregnum\, ensuring both a benchmark for lawful government and legal continuity. \nRichard Stacey served as Director of Research at the Center for Constitutional Transitions at NYU Law until joining the Faculty of Law at the University of Toronto. He holds a PhD from New York University’s Institute for Law and Society and bachelors degrees in political theory and law from the University of the Witwatersrand in Johannesburg\, South Africa. He served as law clerk to Justice Kate O’Regan and Justice Bess Nkabinde at the Constitutional Court of South Africa\, and has taught courses in political theory\, constitutional law\, administrative law and human rights at the University of Witwatersrand\, the University of Cape Town and the City University of New York Law School. In 2009 he was a research consultant during Kenya’s constitutional review process and has remained involved in constitutional transitions around the world\, providing technical advice through the Center for Constitutional Transitions in Tunisia\, Libya\, and Egypt. His work has appeared in a number of journals of law and political theory\, the multi-author reference work Constitutional Law of South Africa (of which he acts as co-editor)\, and in books on constitutional design\, land reform\, and women’s rights. \nA light lunch will be provided.
URL:https://aspercentre.ca/event/constitutional-law-in-the-absence-of-constitution-power-in-the-revolutionary-interregnum/
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DTSTART;TZID=America/Toronto:20200729T120000
DTEND;TZID=America/Toronto:20200729T133000
DTSTAMP:20260506T223456
CREATED:20200715T165043Z
LAST-MODIFIED:20200805T153941Z
UID:5641-1596024000-1596029400@aspercentre.ca
SUMMARY:WEBINAR: COVID-19 Contact Tracing and the Canadian Constitution
DESCRIPTION:The David Asper Centre for Constitutional Rights & the Schwartz Reisman Institute for Technology and Society were pleased to co-present  \nCOVID-19 Contact Tracing and the Canadian Constitution \n a FREE WEBINAR on Wednesday July 29\, 2020 @12:00-1:30pm \nContact tracing apps play an important role alongside human tracing in our public health response to the COVID-19 pandemic. In order to ensure that contact tracing apps infringe our Constitutional rights as little as possible\, however\, the apps must be carefully constructed and the information they collect must be safeguarded.  In a highly collaborative research paper entitled “Test\, Trace\, and Isolate: COVID-19 and the Canadian Constitution\,” a team of experts from the University of Toronto\, York University and the Ontario Tech University reviewed the benefits and limitations of using contact tracing apps to identify people who have been exposed to COVID-19.   \nIn this webinar\, the paper’s authors Lisa Austin (pictured)\, Vincent Chiao\, David Lie (pictured)\, and  Andrea Slane took part in a group discussion\, led by Asper Centre Executive Director Cheryl Milne\, about their research and conclusions including: the usefulness of contact tracing apps\, the privacy choices involved in the technical design of these apps\, which app the government has selected to use and why\, as well as the privacy impacts considered under the Canadian Charter of Rights and Freedoms\, which provides a framework for balancing competing rights and interests.  \nThe panelists will be available for questions at the end of their discussion. An electronic copy of the paper is available here.  Email tal.schreier@utoronto.ca for inquiries. \nWEBINAR RECORDING LINK \nAuthors’ BIOS \nLisa Austin BA &Sc (McMaster) 1994\, MA (Toronto) 1995\, LLM (Toronto) (1998)\, PhD (Toronto) 2005\, called to the Bar of Ontario in 2006\, is a Professor of Law and the Chair in Law and Technology at the University of Toronto Faculty of Law.  She is a co-founder of the IT3 Law at the University of Toronto\, which engages in interdisciplinary research on privacy and transparency. Professor Austin’s research and teaching interests include privacy law\, property law\, and legal theory. She is published in such journals as Legal Theory\, Law and Philosophy\, Theoretical Inquiries in Law\, Canadian Journal of Law and Jurisprudence\, and Canadian Journal of Law and Society.  Professor Austin’s privacy work has been cited numerous times by Canadian courts\, including the Supreme Court of Canada.  \nVincent Chiao\, B.A. (University of Virginia)\, Ph.D. (Northwestern)\, J.D. (Harvard)\, is an Associate Professor in the Faculty of Law of the University of Toronto. He 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). He is also responsible for overseeing the Faculty of Law’s appellate criminal law externship\, which provides selected third year JD students with the opportunity to work directly on criminal appeals\, including before the Ontario Court of Appeal and the Supreme Court of Canada.  \nDr. Beth Coleman is Associate Professor of Data & Cities at the Institute of Communication\, Culture\, Information and Technology and Faculty of Information\, University of Toronto\, where she directs the City as Platform lab. Working in the disciplines of Science and Technology Studies and Critical Race Theory\, her research focuses on smart technology & machine learning\, urban data\, and civic engagement. She is the author of Hello Avatar and multiple articles addressing issues of smart cities\, urban data\, augmentation & experience design\, and critical race\, among others. She has presented at leading international conferences and municipal contexts such as CHI; Sharing Cities\, Barcelona; Gender and Cities\, Geneva; Mars/Waterfront Toronto. Her research affiliations include the Berkman Klein Center for Internet & Society\, Harvard University; Microsoft Research; Data & Society Institute\, New York; and expert consultant for the European Commission Digital Futures. She is one of the foundational directors of Thriving Cities\, Mistletoe Singapore. Her previous academic positions include the Massachusetts Institute of Technology and University of Waterloo.  \nDavid Lie received his BASc from the University of Toronto in 1998\, and his MS and PhD from Stanford University in 2001 and 2004 respectively. He is currently Professor in the Department of Electrical and Computer Engineering at the University of Toronto.  He also holds appointments in the Department of Computer Science\, the Faculty of Law and is a research lead with the Schwartz Riesman Institute for Technology and Society.  He is known for his seminal work on the XOM architecture\, which was an early precursor to modern trusted execution processor architectures such as ARM Trustzone and Intel SGX.  He was the recipient of a best paper award at SOSP for this work. David is also a recipient of the MRI Early Researcher Award\, Connaught Global Challenge Award.  He developed the PScout Android Permission mapping tool\, whose datasets have been downloaded over 10\,000 times and used in dozens of subsequent papers.  David has served on various program committees including OSDI\, Usenix Security\, IEEE Security & Privacy\, NDSS and CCS.  Currently\, his interests are focused on securing mobile platforms\, cloud computing security and bridging the divide between technology and policy.  \nMartha Shaffer is a Professor at the University of Toronto Faculty of Law\, which she joined in 1990. She holds law degrees from Harvard and Toronto\, as well as an undergraduate degree from Harvard. She served as Law Clerk to the Supreme Court of Canada for Chief Justice Brian Dickson\, before becoming the Boulton Junior Fellow at the Faculty of Law\, McGill University. Professor Shaffer’s principal research and teaching interests concentrate on criminal law\, family law and equality issues.    \nDr. Andrea Slane joined Ontario Tech University’s Faculty of Social Science and Humanities in 2009 as an Associate Professor in the Legal Studies program. She is also the Associate Dean of Research and Graduate Programs\, Legal Studies. Her research focuses on privacy\, data protection\, and the variety of legal regimes that protect people from both individual and commercial wrongdoing online and over digital devices. She has a substantial body of work on the appropriate means to regulate the flow of personal information\, whether between individuals; individuals and businesses; businesses and government; business to business; or to the public. She has also conducted sociological research on the views of professionals who work with victims of online child sexual exploitation\, and is currently engaged in a new project examining senior citizens’ views toward new social support technologies such as digital assistants and social robots\, and the kinds of protections they feel they need.  \nFrançois Tanguay-Renaud is a Professor of Law and the Director of York University’s Jack & Mae Nathanson Centre on Transnational Human Rights\, Crime and Security since 2012. He is also one of the founders and first Director of York’ University’s Juris Doctor/Master of Arts (JD/MA) combined program in law and philosophy\, the founder and main administrator of the Ontario Legal Philosophy Partnership (OLPP) and a former Associate Dean Research\, Graduate Studies\, and Institutional Relations. Professor Tanguay-Renaud holds degrees in both civil and common law from McGill University\, where he was both a Loran Scholar and a Greville-Smith Scholar. He also studied at the National University of Singapore\, and completed his graduate work (BCL\, MPhil\, DPhil) at the University of Oxford. Professor Tanguay-Renaud ‘s current academic interests span a wide range of subject areas — but notably\, criminal law\, criminal procedure\, constitutional law\, emergency law\, and public international law — viewed mostly through the lens of analytical legal theory. 
URL:https://aspercentre.ca/event/webinar-covid-19-contact-tracing-and-the-canadian-constitution/
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DTSTART;TZID=America/Toronto:20230328T123000
DTEND;TZID=America/Toronto:20230328T140000
DTSTAMP:20260506T223456
CREATED:20230202T135624Z
LAST-MODIFIED:20230327T151451Z
UID:7679-1680006600-1680012000@aspercentre.ca
SUMMARY:Constitutional Roundtable with Professor Aileen Kavanagh
DESCRIPTION: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. \nThe 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. \nAll are welcome. No Registration or RSVP required. Light lunch will be provided. \nThe Collaborative Constitution by Aileen Kavanagh \nWhich 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. \nThe 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. \nAileen 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). \n 
URL:https://aspercentre.ca/event/constitutional-roundtable-with-professor-aileen-kavanagh/
LOCATION:Jackman Law Building Room J140\, 78 Queen’s Park
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DTSTART;TZID=America/Toronto:20240111T123000
DTEND;TZID=America/Toronto:20240111T140000
DTSTAMP:20260506T223456
CREATED:20240102T152321Z
LAST-MODIFIED:20240111T191251Z
UID:8368-1704976200-1704981600@aspercentre.ca
SUMMARY:Constitutional Roundtable with Professor Alison Young
DESCRIPTION: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 and comparative constitutional law. \n \nOn Thursday January 11\, 2024\, the Asper Centre presented a lunchtime Constitutional Roundtable with \nProfessor Alison Young\nThe Sir David Williams Professor of Public Law & Director of Research at the Cambridge University Faculty of Law\, about her new book\, Unchecked Power? How Recent Constitutional Reforms Are Threatening UK Democracy (2023\, Bristol University Press) \nTime: 12:30pm to 2:00pm \nLocation: (Room FA2)\, Falconer Hall 84 Queen’s Park\, Faculty of Law \nAll Are Welcome * No Registration Required * Light Lunch Provided \n  \nAbout the Book \nIs the UK government really acting for the people? Or does this rhetoric simply justify an executive power-grab? For some\, Boris Johnson’s premiership epitomised how far the UK’s democracy has been captured by populism and the Prime Minister seemed more concerned about fulfilling the wishes of the British people than with following the rules or listening to Parliament. \nEvents like ‘Partygate’ grabbed the headlines. Criticisms of Boris Johnson’s actions eventually led to his resignation and replacement as leader of his party and Prime Minister. Some feel that this shows that the UK’s constitution is healthy\, with checks and balances in place to prevent any possible abuse of power. \nWhile these events attracted much media attention\, other constitutional changes have been taking place with little public awareness. These have strengthened governmental powers and weakened political and legal checks over governmental actions. Deliberation is being replaced by rhetoric and principles of good government no longer seem to restrain the actions of those in power. \nAlison Young provides the first consolidated account of these changes\, arguing that the UK is currently on a constitutional cliff-edge which endangers democracy and good constitutional government. She argues that more is needed to shore up the UK’s post-Brexit constitution to prevent it collapsing into a system of unchecked power. \nFrom https://www.law.cam.ac.uk/people/academic/al-young/77940: \n“Professor Young’s Interests \nI research in all aspects of public law\, both of the UK and the EU. My main interest is in constitutional theory\, particularly dialogue theory\, where I draw comparisons between different means of protecting human rights. I’m also interested in comparative public law\, specifically drawing comparisons between UK law\, EU law\, the law in other commonwealth countries and France. I also have research interests in freedom of expression and in the protection of human rights through private law. \nI  have published widely in all of these areas\, and am the author of Parliamentary Sovereignty and the Human Rights Act  (Hart Publishing\, 2009). I was the recipient of a Leverhulme Research Fellowship in 2015. The Fellowship enabled me to  write a book on dialogue theory\, Democratic Dialogue and the Constitution (OUP\, 2017)\, which was a runner up for the main Inner Temple Book Prize\, 2018. \nProfessor Young’s CV / Biography \nI am the Sir David Williams Professor of Public Law at the University of Cambridge\, and a Fellow of Robinson College. I am also currently a legal advisor to the House of Lords Select Committee on the Constitution and an academic associate at 39 Essex Chambers. I am a member of the Editorial Board of European Public Law\, and of Public Law. I’m also a Fellow of the Higher Education Academy. I’m a trustee of The Constitution Society and a member of the UK Constitution Monitoring Group. I’m affiliated with the Oxford Human Rights Hub and with the Programme for the Foundations of Law and Constitutional Government\, both at the University of Oxford. I am also an Emeritus Fellow of Hertford College\, Oxford. \nBefore joining the University of Cambridge I studied for a Law (with French) degree at the University of Birmingham\, spending a year at the Université de Limoges as part of my degree. I then completed the BCL and D Phil at Hertford College\, University of Oxford. I spent three years as a Tutorial Fellow at Balliol College\, Oxford\, before returning to Hertford as a Fellow in Law and later Professor of Public Law at the University of Oxford. At Oxford I completed a Postgraduate Diploma in Learning and Teaching in Higher Education and received awards for Teaching Excellence and Innovation from the University of Oxford.” \n 
URL:https://aspercentre.ca/event/constitutional-roundtable-with-professor-alison-young/
LOCATION:Jackman Law Building Room J140\, 78 Queen’s Park
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