David Asper Centre for Constitutional Rights

Judging Social Rights
2013-01-10 12:30 - 14:00 (America/Toronto)
CONSTITUTIONAL ROUNDTABLE
and the
International Human Rights Program
present
Jeff King, Senior Lecturer, Faculty of Law, University College, London
Thursday, January 10, 2013
12:30 – 2:00
Room FLC, Flavelle House, Faculty of Law
78 Queen’s Park
Jeff 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.
Jeff 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.
For more workshop information and a copy of the draft paper, please contact Nadia Gulezko at n.gulezko@utoronto.ca

Social and Economic Rights - A South African Perspective
2013-02-14 12:30 - 14:00
Zak Yacoob
Former Justice of the Constitutional Court of South Africa
Event date: Thursday, February 14, 2013, from 12:30 PM to 2:00 PM
Location: Room B, Flavelle House, Faculty of Law, University of Toronto
Judge Yacoob has been a judge of the Constitutional Court of South Africa. He is married to Anu. The couple have two children. He has been blind for almost all his life. Judge Yacoob became a judge of the Constitutional Court of South Africa in February 1998 and retired from active service on 31 January 2013. Justice Yacoob was appointed Acting Deputy Chief Justice from 1 February 2012 to 31 May 2012. He wrote the Court’s decision in the Grootboom case involving housing rights under the South African constitution.
He attended a special school and attained a law degree at an apartheid university for Indians. In May 2010 he received an LLD honoris causa from the University of Fort Hare, South Africa. The same degree was conferred upon him by the University of KwaZulu-Natal in April 2011.
Judge Yacoob practised as an advocate for 25 years. Much of this was concerned with using the law in the struggle against apartheid and for democracy. He was a member of the underground of the African National Congress and other community organisations. He was a member of the Independent Electoral Commission and of the Independent Panel of Experts that advised the National Assembly on the drafting of the South African Constitution. Judge Yacoob has attended dozens of international conferences and workshops on topics as varied as blindness, children and democracy.
Link to the Grootboom decision.
A light lunch will be served.
For more workshop information and a copy of the Grootboom decision please contact Nadia Gulezko at n.gulezko@utoronto.ca

Religious Diversity, Education, and the "Crisis" in State Neutrality
2014-01-29 12:30 - 14:00
CONSTITUTIONAL ROUNDTABLE
presents
Benjamin Berger
Osgoode Hall Law School
Religious Diversity, Education, and the “Crisis” in State Neutrality
Education – and particularly public education – has become a crucible for the relationship between state and religious diversity, a principal site for contemporary debates about the meaning of secularism and the management of religious difference. This is so across a variety of national traditions, and despite wide differences in the historical and “emotional inheritances” surrounding the configuration of law, politics, and religion. Through an exploration of Hannah Arendt’s thought about responsibility and freedom in education, this article works towards a better understanding of why education is such a crucial and fraught field in the modern encounter between religion and law. The article turns to the recent jurisprudence of the Supreme Court of Canada to draw out the implications of these ideas, arriving ultimately at a claim about the nature and limits of the concept of state neutrality.
Professor Benjamin Berger’s areas of teaching and research specialization are criminal and constitutional law and theory, law and religion, and the law of evidence. Prior to joining Osgoode, Professor Berger was an associate professor in the Faculty of Law and held a cross appointment in the Department of Philosophy at the University of Victoria, where he began teaching in 2004. He served as law clerk to the Rt. Honourable Beverley McLachlin, Chief Justice of Canada, and was a Fulbright Scholar at Yale University. He has published broadly in his principal areas of research and his work has appeared in multiple edited collections and in legal and interdisciplinary journals such as: Canadian Journal of Law and Jurisprudence; Law, Culture and the Humanities; McGill Law Journal; Osgoode Hall Law Journal; ICON; and the Journal of Comparative Law. He is on the editorial board of the Canadian Journal of Law and Society and is an associate editor for the Hart Publishing series Constitutional Systems of the World. He is also co-editor of The Grand Experiment: Law and Legal Culture in British Settler Societies, published by UBC Press in October 2008. He received the 2010 Canadian Association of Law Teacher’s Scholarly Paper Award for an article entitled “The Abiding Presence of Conscience: Criminal Justice Against the Law and the Modern Constitutional Imagination.” Professor Berger is active in professional and public education, is involved in public interest advocacy, and has appeared before the Supreme Court of Canada. While at UVic Law, Professor Berger twice received the Terry J. Wuester Teaching Award, and was awarded the First Year Class Teaching Award; he received the Osgoode Hall Law School Teaching Award in 2013.

Event date: Wednesday, January 29, 2014, from 12:30 PM to 2:00 PM

Location: Alumni Hall, Victoria College

Constitutional Roundtable - Richard Moon
2015-09-16 12:30 - 14:00
Constitutional Roundtable
presents
Richard Moon Law Faculty University of Windsor
12:30 – 2:00 p.m.
Wednesday, September 16, 2015
Solarium, Falconer Hall
Topic: The Myth of Balancing In Constitutional Rights Cases
Richard Moon teaches at the Law Faculty, University of Windsor. He is the author of The Constitutional Protection of Freedom of Expression (U of T Press, 2000) and Freedom of Conscience and Religion (Irwin Law, 2014), editor of Law and Religious Pluralism in Canada (UBC Press, 2008), co-editor of Religion and the Exercise of Public Authority (Hart Publications, forthcoming) and contributing editor to Canadian Constitutional Law (3rd and 4th editions) (Emond-Montgomery, 2006, 2010). He is currently completing work on a book entitled “Putting Faith in Hate: When Religion is the Source or Subject of Hate Speech”. He has been the recipient of both the law school and university-wide teaching awards as well as the Mary Lou Dietz Award for contributions to the advancement of equity in the university and community.

Constitutional Roundtable - Zaid Al-Ali
2015-10-30 12:30 - 14:00
Constitutional Roundtable
presents
Zaid Al-Ali, Law and Public Affairs Fellow at Princeton University
12:30 – 2:00 p.m.
Friday, October 30, 2015
Solarium, Falconer Hall

The Absence of Social Solidarity Amongst Arab Elites: Causes and Consequences of the Failure of post-2011 Constitutional Reform
Post-colonial constitutions in the Arab region were all based on the promise that they would correct the inequities of colonial rule with a new form of social justice. Virtually all included references to political accountability, independence of the judiciary, as well as long lists of political, social and economic rights for all. The 2011 uprisings demonstrated the extent to which these constitutions failed to achieve that promise, and the reform efforts that followed were an important opportunity to correct the institutional flaws that had become so apparent. This paper will first demonstrate that the post-uprising reform efforts make close to no progress in comparison to the texts that they were designed to replace, particularly in so far as social justice is concerned. Secondly, it will demonstrate that those few elements of progress that were made were the result of generally undemocratic processes (in the traditional sense). Thirdly, the paper will explore the processes through which Arab countries reformed their constitutions, with a view to explaining why reliance on direct elections and other traditional democratic mechanisms did not generally lead to improved social justice for those individuals and communities who commenced the uprisings in the first place.
Zaid Al-Ali is Senior Adviser on Constitution Building for International IDEA and is also a fellow and visiting lecturer at Princeton University’s Law and Public Affairs Program. He has been practicing law since 1999, specializing in international commercial arbitration and comparative constitutional law. He has law degrees from Harvard Law School, the Université de Paris I (Panthéon-Sorbonne) and King’s College London. From 2005 to 2010, he was a legal adviser to the United Nations focusing on constitutional, parliamentary and judicial reform in Iraq. Since the beginning of 2011, he has been working on constitutional reform throughout the Arab region, in particular in Tunisia, Libya, Egypt and Yemen. He has published widely on Iraq and on constitutional law. His book on the post-2003 transition in Iraq (The Struggle for Iraq’s Future) was published by Yale University Press in February 2014

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.

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Asper Centre Panel on Indigenous Child Welfare & Self-Governance
2024-10-31 12:30 - 14:00 | J130 Jackman law building, 78 Queen's Park, University of Toronto, Faculty of Law, Jackman Law Building Atrium, Toronto, Canada
Asper Centre Constitutional Roundtable Presents a Panel on
Indigenous Child Welfare & Self-Governance
with Prof John Borrows (the Loveland Chair of Indigenous Law, UofT Law), Prof Maggie Blackhawk (NYU Law) & Sara Mainville (JFK Law LLP)
Moderated by Asper Centre ED, Cheryl Milne
Thursday, October 31, 2024 at 12:30pm – 2:00pm (in person or virtual)
Room J130, Jackman Law Building, Faculty of Law, University of Toronto
All are welcome * Light lunch will be provided * Registration Required
REGISTER HERE
Background
Over the past few years, both Canadian and American courts have decided cases that impact Indigenous Nations’ ability to care for Indigenous children. Both countries have histories and present realities of removing Indigenous children from Indigenous homes, thereby jeopardizing the safety of Indigenous children and undermining Indigenous Nations’ sovereignty and governance. With this context in mind, the recent Supreme Court of the United States Haaland v Brackeen decision, and the Supreme Court of Canada Attorney General of Québec, et al. v. Attorney General of Canada, et al decisions are of paramount importance to Indigenous sovereignty and safety. Both cases address federal legislation introduced to address the historic and ongoing harms caused by the apprehension of Indigenous children by settler governments. In both countries, these decisions also demonstrate how child welfare is closely connected to Indigenous assertions of and rights to self-government.
The Asper Centre Indigenous Rights Working Group is pleased to present a panel event to unpack the significant legal issues and potential future implications of these cases, with a focus on the Quebec Reference case and its meaning for the interpretation of Section 35 of the Constitution and Indigenous self-governance.
Panelists
Maggie Blackhawk (Fond du Lac Band of Lake Superior Ojibwe) is professor of law at NYU and a prize-winning scholar and teacher of federal Indian law, constitutional law, and legislation. Blackhawk was awarded the American Society for Legal History’s William Nelson Cromwell Article Prize and her research has been published or is forthcoming in the Harvard Law Review, Stanford Law Review, Yale Law Journal, Supreme Court Review, American Historical Review, Legislative Studies Quarterly, Journal of the Early Republic, and Journal of Politics. Much of her scholarship explores the relationship between law and power, with a particular emphasis on the ways that subordinated peoples leverage law to shift power to their communities—especially outside of rights and courts-based frameworks. Her recent projects have focused on the laws and legal histories of American colonialism and the central role of the American colonial project, including the resistance and advocacy of Native and other colonized peoples, in shaping the constitutional law and history of the United States.
Sara Mainville is a partner at JFK Law LLP and has been a member of the Ontario bar since 2005 and she is a member of the BC bar (2022) with specific matter approvals to practice in Nunavut and Quebec. Sara has a Management/Public Administration degree (Lethbridge) and a Bachelor of Laws from Queen’s University. She has a LLM from the University of Toronto and an Advanced Negotiations certificate from Harvard University, and a Certificate in Entertainment Law (Osgoode PD). In 2014, Sara was elected as Chief of Couchiching First Nation after the sudden death of her friend and mentor, Chief Chuck McPherson. Sara uses this experience as a former Chief to help leadership work past difficult issues, within Indigenous forms of dispute resolution, and walk the community through processes to encourage discourse and grassroots solutions to long-held problems. Sara has completed Advanced Negotiations training at Harvard University and dispute resolution, legislative drafting, and mediation training at professional institutes in order to advance her clients’ long held goals for self-determination and truer treaty partnerships in Canada. Sara is generally seen as a subject-matter expert about Crown-Indigenous relations, the United Nations Declaration on the Rights of Indigenous Peoples, Treaty 3, and Anishinaabe Inakonigewin. However, Sara sees herself as a life-long learner willing to meet in community, read voraciously, and listen intently to better understand Indigenous knowledge systems across Canada.
John Borrows B.A., M.A., J.D., LL.M. (Toronto), Ph.D. (Osgoode Hall Law School), LL.D. (Hons., Dalhousie, York, SFU, Queen’s & Law Society of Ontario), D.H.L, (Toronto), F.R.S.C., O.C., is the Loveland Chair in Indigenous Law at the University of Toronto Law School. His publications include, Recovering Canada; The Resurgence of Indigenous Law (Donald Smiley Award best book in Canadian Political Science, 2002), Canada’s Indigenous Constitution (Canadian Law and Society Best Book Award 2011), Drawing Out Law: A Spirit’s Guide (2010), Freedom and Indigenous Constitutionalism ((Donald Smiley Award best book in Canadian Political Science, 2016), The Right Relationship (with Michael Coyle, ed.), Resurgence and Reconciliation (with Michael Asch, Jim Tully, eds.), Law’s Indigenous Ethics (2020 Best subsequent Book Award from Native American and Indigenous Studies Association, 2020 W. Wes Pue Best book award from the Canadian Law and Society Association). He is the 2017 Killam Prize winner in Social Sciences and the 2019 Molson Prize Winner from the Canada Council for the Arts, the 2020 Governor General’s Innovation Award, and the 2021 Canadian Bar Association President’s Award winner. He was appointed as an Officer of the Order of Canada in 2020. John is a member of the Chippewa of the Nawash First Nation in Ontario, Canada.
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The Morris A. Gross Memorial Lecture with Kim Murray
2025-02-25 17:00 - 18:30 | Jackman Law Building, Faculty of Law, University of Toronto 78 Queen’s Park, Room J140, 78 Queen's Park, Toronto, Ontario, Canada
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 Asper Centre is pleased to convene the Morris A. Gross Memorial Lecture for the law school community.

This year, Kimberly Murray will present the special lecture on Tuesday, February 25, 2025 at 5pm. Murray was the Independent Special Interlocutor for Missing Children and Unmarked Graves and Burial Sites associated with Indian Residential Schools until December 2024 and is now an Associate Professor, Queen’s National Scholar in Indigenous Legal Studies at the Faculty of Law, Queen’s University.
Crimes Against Humanity and Indian Residential Schools in Canada

Abstract: The buildings, burials grounds, and cemeteries on the sites of former Indian Residential Schools are etched deeply in Survivors’ memories. Once places of silence and suffering, they are now sites of truth. Once places of brutal violence and genocide, they are now sites of conscience. Survivors can never forget the memories of trauma and death held in these sites; now Canada, and all Canadians, must do so as well by recognizing that genocide and crimes against humanity were perpetrated on Indigenous Peoples.

Kimberly Murray BA, LLB, LLM, IPC, LL.D. (honoris causa) commenced her new role as Queen’s National Scholar in Indigenous Legal Studies on January 1, 2025, after completing a federal appointment as the Independent Special Interlocutor for Missing Children and Unmarked Graves and Burial Sites Associated with Indian Residential Schools.

Murray has dedicated much of her legal career to promoting reconciliation between Indigenous and non-Indigenous people and advocating for Indigenous communities. She was the Province of Ontario’s first ever Assistant Deputy Attorney General for Indigenous Justice (2015-2022), where she worked to support communities revitalize their Indigenous laws and expanded legal services and programs for Indigenous people.

In 2018-2019, Murray chaired the Expert Panel on Policing in Indigenous Communities, which produced the report Toward Peace Harmony, and Well-Being: Policing in Indigenous Communities.

From 2010-2015, Murray was Executive Director of the Truth and Reconciliation Commission working to ensure that Survivors were heard and remembered, and she promoted reconciliation across the country.
During her previous 15-year career with Aboriginal Legal Services of Toronto, she was staff lawyer and then Executive Director, conducting numerous law reform and public legal education activities, and appeared before all levels of court.
She has also served on numerous boards, public committees, and councils; provided advocacy in high-profile public inquiries; published numerous works, position and conference papers; taught law and undergraduate students; and has been recognized with numerous awards.
Murray, is a member of Kanehsatà:ke Mohawk Nation, holds an LLM and LLB from Osgoode Hall Law School, a BA from Carleton, and honorary LLDs from Guelph/Humber, Lincoln Alexander School of Law, and the Law Society of Ontario.
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REGISTRATION REQUIRED
