David Asper Centre for Constitutional Rights

Constitutional Roundtable: Alistair Price
2017-11-29 12:30 - 14:00 (America/Toronto) | Jackman Law Building Room J140, 78 Queen’s Park
Asper Centre Constitutional Roundtable
presents
ALISTAIR PRICE
Associate Professor in Law, University of Cape Town
“The Relationship between Constitutional and Tort Damages for State Failures to Protect in Canada, England, and South Africa”
Moderated by:
Assistant Professor Richard Stacey
University of Toronto Faculty of Law
Wednesday, November 29, 2017
12:30 – 2:00
Solarium (Room FA2), Falconer Hall
84 Queen’s Park
Canada, England, and South Africa face a similar challenge arising from their shared Diceyan heritage in public law. On the one hand, public bodies and officials in these jurisdictions are bound by the ordinary law of the land applied by ordinary courts, including the private law of tort. On the other hand, the state also owes positive obligations to provide a range of services and protections to members of the public that individuals do not bear, arising from constitutional and administrative law. Where the state breaches its distinctive responsibilities by failing to protect an individual, who as a result is harmed and seeks recompense, a question arises as to the proper law to apply. What then is the relationship between the state’s duties and liabilities in tort and constitutional law? The three legal systems under consideration have answered this question in subtly different ways. The English courts have been unwilling to adjust private law to take account of the state’s special duties. In tort law, public defendants are held to the same standards as private individuals, who are liable for omissions only exceptionally. State liability for breach of positive duties to protect human rights arises instead under the Human Rights Act 1998, where courts have a discretion to award compensation alongside declarations and other public-law remedies. South Africa, by contrast, has to a large extent fused private law and constitutional law in this context. Novel private law duties and liabilities may be grounded on the need to hold the state accountable for breaching positive constitutional duties. As a result, the standalone remedy of constitutional damages is comparatively underdeveloped. Canada, it appears to me, has avoided both extremes: the courts have developed a narrow range of uniquely public duties of care in tort while also recognising that constitutional damages may be just and appropriate to compensate loss, vindicate rights, or deter Charter violations where tort (and other) remedies are insufficient. These varying responses to a shared challenge bring the following issue into sharp focus: to what extent can and should tort law be instrumentalised to serve the social goals of constitutional law?
Alistair Price is an Associate Professor in the Department of Private Law at the University of Cape Town (UCT). He received a BBusSc (distinction) and LLB (magna cum laude) from UCT, a Bachelor of Civil Law (distinction) from University College, Oxford, and a PhD from Gonville and Caius College, Cambridge. His thesis was entitled The Influence of Human Rights on State Negligence Liability in England and South Africa and, in 2014, he was awarded a prestigious Yorke Prize by the Cambridge Law Faculty for making ‘a substantial contribution’ to knowledge. Before his appointment at UCT, he worked as a research clerk for Chief Justice Pius Langa at the Constitutional Court of South Africa and as a research assistant to Professor Reinhard Zimmermann at the Max Planck Institute for Private Law in Hamburg, and taught tort law for several colleges at Cambridge University. Research interests: the law of obligations (primarily delict/tort); constitutional and administrative law; comparative law.
A light lunch will be provided.
For more information, please contact Nadia Gulezko at n.gulezko@utoronto.ca.

Asper Centre Immigration & Refugee Law student working group presents Senator Ratna Omidvar
2018-03-07 12:30 - 14:00 | J140 Jackman Law Building, 78 Queen's Park Cres, Toronto, Ontario, M5S 2C5, Canada
The Asper Centre’s Immigration & Refugee Law Student Working Group is honoured to host Senator Ratna Omidvar for a lunchtime seminar on Wednesday March 7, 2018 at 12h30. All students are welcome and encouraged to attend. Senator Omidvar will share her personal story of coming to Canada from India, and she will discuss issues related to inclusion and diversity in Canada, immigration and refugee law and policy, the Charter and progressive law reform. She will then take questions from the audience. This will be a great opportunity to get some insight from her inspiring career.
Light lunch will be provided
Email tal.schreier@utoronto.ca for further information.
About Senator Omidvar:

The Honourable Ratna Omidvar, C.M., O.Ont.
Senator for Ontario, The Senate of Canada
Ratna Omidvar is an internationally recognized voice on migration, diversity and inclusion. In April 2016, Prime Minister Trudeau appointed Ms. Omidvar to the Senate of Canada as an independent Senator representing Ontario. As a member of the Senate’s Independent Senators Group she holds a leadership position as the Scroll Manager.
Senator Omidvar is the founding Executive Director and currently a Distinguished Visiting Professor at the Global Diversity Exchange (GDX), Ted Rogers School of Management, Ryerson University. GDX is a think-and-do tank on diversity, migration and inclusion that connects local experience and ideas with global networks. Previously, Senator Omidvar was the President of Maytree, where she played a lead role in local, national and international efforts to promote the integration of immigrants.
Senator Omidvar is the current Co-Chair of the Global Future Council on Migration hosted by the World Economic Forum and serves as a Councillor on the World Refugee Council. She is also a director at the Environics Institute, and Samara Canada. Senator Omidvar is the Toronto Region Immigrant Employment Council’s Chair Emerita and was formerly the Chair of Lifeline Syria.
Senator Omidvar is co-author of Flight and Freedom: Stories of Escape to Canada (2015), an Open Book Toronto best book of 2015 and one of the Toronto Star‘s top five good reads from Word on the Street. She is also a contributor to The Harper Factor (2016) and co-editor of Five Good Ideas: Practical Strategies for Non-Profit Success (2011). Senator Omidvar received an Honorary Degree, Doctor of Laws, York University in 2012.
Senator Omidvar was appointed to the Order of Ontario in 2005 and became a Member of the Order of Canada in 2011, with both honours recognizing her advocacy work on behalf of immigrants and devotion to reducing inequality in Canada. In 2014, she received the Cross of the Order of Merit of the Federal Republic of Germany in recognition of her contribution to the advancement of German-Canadian relations.

Asper Centre's 10th Anniversary Celebration
2018-10-17 17:00 - 19:00 | Jackman Law Building, Faculty of Law, University of Toronto, 78 Queens Park
View the event photo gallery
Read our “Celebrating 10 Years” Magazine
Read the Asper Centre’s 2017 – 2018 annual report
Watch the video of the event on YouTube
It’s been a full decade since the Asper Centre for Constitutional Rights opened its doors!
To celebrate 10 years of dedicated advocacy, education and research, former Supreme Court of Canada Justice Thomas Cromwell will moderate a conversation between Mary Eberts and Joseph Arvay, two of our former Constitutional Litigators-in-Residence
on October 17, 2018 at 5:00pm
Reception to follow
The Honourable Thomas Albert Cromwell, C.C. received law degrees from Queen’s and Oxford, practised law in Kingston and Toronto and taught law at Dalhousie University. During his time at Dalhousie, he was active as a labour arbitrator and served as Vice-chair of the Nova Scotia Labour Relations Board. After serving as Executive Legal Officer to the Chief Justice Canada from 1992 – 1995, he was appointed a judge of the Nova Scotia Court of Appeal in 1997, serving there until his appointment as a judge of the Supreme Court of Canada in 2008. Mr. Cromwell was the first recipient of the Canadian Bar Association’s Louis St. Laurent Award of Excellence and is an honorary fellow of Exeter College, Oxford and of the American College of Trial Lawyers. A holder of four honorary doctorates in law, he has also had an award established in his name at the Queen’s Faculty of Law, The Honourable Thomas Cromwell Award for Public Service. He is the chair of the Action Committee on Access to Justice in Civil and Family Matters, a director of the International Centre for Criminal Law Reform and Criminal Justice and of Access Pro Bono British Columbia. He retired from the Supreme Court of Canada on September 1st, 2016. A member of the Bars of Nova Scotia, Ontario and British Columbia, he now serves as senior counsel with Borden Ladner Gervais LLP in Ottawa and Vancouver. He is a recipient of the Canadian Institute for the Administration of Justice’s Justice Medal and of the Medal of the International Society for the Reform of Criminal Law. In 2017, was named a Companion of the Order of Canada for his “illustrious service as a Supreme Court justice, and for his leadership in improving access to justice for all Canadians.” In 2018, he was named by the Canadian Lawyer Magazine as of one Canada’s most influential lawyers.

Mary Eberts received her legal education at Western and the Harvard Law School, and is a member of the Bar of Ontario. She joined a Bay St. law firm after several years of teaching at the Faculty of Law, University of Toronto, and was a partner at that firm until opening a small firm specializing in Charter and public law litigation. From this base in Toronto, she has appeared as counsel to parties and interveners in the Supreme Court of Canada, Courts of Appeal and Superior Courts in Ontario and other provinces, the Federal Court and Court of Appeal, and before administrative tribunals and inquests in Ontario and other provinces. She was active in securing the present language of section 15 of the Charter, and was one of the founders of the Women’s Legal Education and Action Fund (LEAF). Since 1991, she has been litigation counsel to the Native Women’s Association of Canada (NWAC). Mary held the Gordon Henderson Chair in Human Rights at the University of Ottawa in 2004-2005 and the Ariel Sallows Chair in Human Rights at the College of Law, University of Saskachewan in 2011 and 2012, where she taught courses in test case litigation. Mary was the Constitutional Litigator in Residence in 2014-15 and a McMurty Fellow at Osgoode Hall Law School in 2015-16. Recognition of her work includes the Law Society Medal, the Governor-General’s Award in Honour of the Persons’ Case, the Queen’s Diamond Jubilee Medal and several honourary degrees. In 2017, Mary was made an Officer of the Order of Canada. She is currently a Senior Fellow at Massey College, University of Toronto.
Joseph Arvay, who co-founded the firm of Arvay Finlay Barristers in 1990 with offices in Vancouver and Victoria, is recognized as one of this country’s most highly respected lawyers. His practice emphasizes constitutional and administrative law matters, as well as Indigenous rights litigation.. He has been counsel in scores of important Supreme Court of Canada cases. His exceptional commitment to human rights in this country has been recognized with numerous awards and tributes. He was awarded honourary doctorates of law from both York University and the University of Victoria. In 2017 he was named an Officer of the Order of Canada as well as a Member of the Order of British Columbia.

Asper Centre & IHRP student working group Information and Sign-up session
2019-09-10 12:30 - 14:00 | J250 Jackman Law Building
For current JD students at UTLaw only

JD students in all years can volunteer with one of the Asper Centre student working groups, or IHRP student working groups that are led by upper year law students. Working groups draft policy briefs, organize workshops, and conduct research on emerging constitutional/charter rights issues and international human rights topics.
This year, the Asper Centre is pleased to support the following 4 working groups:

I. Right to Equality in Accommodation: Access to adequate, appropriate, and affordable housing is a growing problem for many people in Ontario, especially those from marginalized groups. Low vacancy rates make affordable housing more difficult to find, and also increase the potential for housing discrimination, because landlords can be highly selective. Section 21.1 of the Ontario Human Rights Code states that the right to equal treatment with respect to accommodation does not apply where an accommodation is in a dwelling where the occupants share a kitchen or bathroom with the landlord or their family. This means that Ontarians who would otherwise be protected from discrimination based on code grounds are not. This working group will be assisting CERA (the Centre for Equality Rights in Accommodation) by preparing a research memo on the exemption of shared residential accommodation from the human rights code, which will support CERA’s future goal of challenging the constitutionality of S. 21.1 of the Ontario Human Rights Code.
II. Sex Workers Rights: The Protection of Communities and Exploited Persons Act, SC 2014, c 25 [PCEPA] was introduced in response to the Supreme Court of Canada’s 2013 decision in Bedford v Canada, where the Court found that three Criminal Code provisions which criminalized components of sex work unjustifiably violated section 7 of the Charter and struck them down. The PCEPA includes new provisions that criminalize the purchase of sexual services in Canada and other related activities such as advertising the sale of sexual services. Sex worker organizations and constitutional experts believe that these new provisions remain unconstitutional because many of the harms identified in Bedford continue to be perpetuated. The continuation of these harms under a new legal context means that a new constitutional analysis is necessary. This working group will develop a comprehensive memo that provides information that could assist in a constitutional challenge of the post-Bedford sex work laws by key sex-worker organizations in Canada.
III. Refugee and Immigration Law: Recently, there have been incidents in which CBSA (Canadian Border Services Agency) officers have randomly conducted street checks in minority-populated Toronto neighbourhoods. In light of the United States ICE (Immigration and Customs Enforcement) raids and immigration camps, these events are extremely concerning. Thus, HALCO (the HIV/AIDS Legal Aid Clinic of Ontario) is looking to collaborate with our longstanding Refugee and Immigration working group to create a plain-language public legal information brochure detailing the powers of a CBSA agent and an individual’s rights when interacting with them. The working group will research and develop the brochure under the supervision of a staff immigration lawyer at HALCO.
IV. Climate Justice: November 18th, 2019 is ‘Student Law Clinic Global Day of Action for Climate Justice.’ The event organizers (GAJE, the Global Alliance for Justice Education) have asked participating student legal clinics to choose a project related to air pollution and complete it by or on November 18th to mark the date. This student working group will prepare an opinion piece on the Ontario government’s potential constitutional obligations with respect to regulating air pollution in Chemical Valley. The OpEd will urge the provincial government to honour its commitment to evaluating the impact of the new regulations in the winter of 2019-2020, and to recognize the role it can and should play in protecting environmental rights. In the second term, the group will have the opportunity to brainstorm and work together on another climate justice/constitutional law related project.

Learn more at O-week Clubs Fair (September 5th) and at the Information & Sign Up session on Tuesday September 10, 2019 at 12:30 in J250 (Moot Court).
PLEASE NOTE: to be eligible to sign up for one of the above working groups, you must attend the September 10th Information & Sign-up Session.

For more information, please email: tal.schreier@utoronto.ca

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

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!

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.
REGISTER HERE
