David Asper Centre for Constitutional Rights

Asper Centre Public Interest Lunch - Substantive Equality in Sentencing
2020-01-22 12:30 - 14:00 (America/Toronto) | J125 Jackman Law Building
The Asper Centre recently intervened in two cases before the Ontario Court of Appeal involving the criminal sentencing of marginalized people. Despite the Supreme Court of Canada’s aspirations in Gladue, Indigenous people in Canada continue to be criminalized and incarcerated at alarming rates. In particular, the over representation of Indigenous women in prisons has increased substantially over the past 10 years. Though their historical circumstances are different, Black Canadians also experience significant systemic discrimination and bias when dealing with police, in the courts, and in corrections.
In R v Sharma, the Asper Centre and the Women’s Legal Education and Action Fund (LEAF) jointly intervened on a constitutional challenge to ss. 742.1(c) and (e)(ii) of the Criminal Code, which eliminates conditional sentences for certain offences. Ms. Sharma is an Indigenous biracial woman who was convicted of a drug importation offence who, but for these provisions, would have been a suitable candidate for a conditional sentence.
In R v Morris, the Asper Centre intervened to suggest a framework for how to consider systemic factors in sentencing for Black Canadians. Mr. Morris was convicted of possession of illegal firearms. Upon sentencing, the judge was mindful of the social context in which Morris committed the offence with reference to reports from psychologists and social scientists with expertise on Black racism in Canada.
The Morris and Sharma cases illustrate how the overarching principle of substantive equality can illuminate sentencing decisions in cases involving marginalized people. Substantive equality is a constitutional imperative that requires courts to analyze the potentially discriminatory impact of laws with regard to their social, political, and legal context. Substantive equality plays a vital role in the criminal justice system, including at the sentencing stage. These cases suggest that sentencing judges should be mindful of systemic discrimination at all stages of the process and the ways in which that discrimination might have impacted the individual or their circumstances.
On January 22, 2020, the Asper Centre will convene a panel discussion about these two interventions in which the panelists will discuss to what extent historical disadvantage can be considered in sentencing and more broadly in the criminal justice system, in order to achieve substantive equality for marginalized groups.
The panelists will include Jessica Orkin (Goldblatt Partners, counsel for Asper Centre in Sharma), Nader Hasan (Stockwoods LLP, counsel for Asper Centre in Morris) and Emily Hill (Aboriginal Legal Services, Intervener in Sharma and Morris).
Read the Asper Centre’s intervener facta in Sharma and Morris.
For further information, contact tal.schreier@utoronto.ca
-light lunch will be provided-

Constitutional Law Career Panel
2020-02-12 12:30 - 14:00 | J125 Jackman Law Building
The David Asper Centre for Constitutional Rights presents a
CONSTITUTIONAL LAW CAREER PANEL
On February 12, 2020 at 12:30pm-2:00pm
Are you a JD Candidate with a passion for promoting our Constitutional and Charter rights?
Do you want to learn about the numerous career paths that exist for law graduates wishing to practice in the field of Charter litigation or Constitutional Law?
Meet and get advice from four practicing lawyers (including UTLaw & Asper Centre alumni) who are currently working in their fields of passion:
Emily Chan – Staff Lawyer, Litigation and Community Development, Justice for Children and Youth
Sinéad Dearman – Associate, Olthuis Kleer Townshend LLP
Geetha Philipupillai – Associate, Goldblatt Partners
Padraic Ryan – Counsel, Constitutional Law Branch, Ministry of the Attorney General of Ontario
J125—Jackman Law Building
* Pizza lunch provided * No Registration Required *

Morris A. Gross Memorial Lecture - Jean Teillet
2020-02-27 16:30 - 18:00 | P120 Jackman Law Building
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 practicing bar or bench for discussion with the student body and Faculty, and to deliver the bi-annual Morris A. Gross Memorial Lecture.
This year, the Morris A. Gross Memorial Lecture was delivered by Jean Teillet on February 27, 2020. The title for the lecture is “The Overstory & the Understory: Reconciling Justice and the Rule of Law with Canada’s Indigenous Peoples.”
Jean Teillet is the great-grandniece of Louis Riel and an Indigenous rights lawyer. She is the author of Métis Law in Canada and The North-West is Our Mother: The Story of Louis Riel’s People, the Métis Nation.
* Open to the Public * For further information, please contact tal.schreier@utoronto.ca *
View the webcast of the lecture here

Application Due Date: Summer Research Assistant Position
2020-05-04 12:00
The Asper Centre, jointly with the International Human Rights Program (IHRP), is seeking a Research Assistant for approximately 6 weeks this summer.

The Research Assistant will be primarily responsible for drafting a Symposium report in relation to the IHRP/Asper Centre Canadian
Media Freedom Symposium held in March 2020 at the law school (read more here). Tasks include summarizing key findings, synthesizing notes and legal materials produced for the Media Freedom Symposium, conducting legal research, drafting the report, and communicating frequently with supervisors on edits, formatting, and timeline.
Applicants for this position must be enrolled in the JD or LLM programs at the Faculty of Law or are expecting to graduate this spring in these programs.
Interested applicants should send a cover letter, resume, and writing sample to Cheryl Milne (cheryl.milne@utoronto.ca) and Vincent Wong (vince.wong@utoronto.ca) by May 4th, 2020 at noon.

Clinic Information Session
2020-06-24 17:00 - 18:00
This information session, for University of Toronto Faculty of Law upper year students, will provide details on how to enroll in the for-credit clinical programs at the faculty including the Asper Centre Constitutional Rights Clinic, Downtown Legal Services, the International Human Rights Program Clinic and the Investor Protection Clinic.
The following Directors will present at the information session and there will be an opportunity to ask questions.
Cheryl Milne, Asper Centre
Lisa Cirillo, Downtown Legal Services
Petra Molnar, International Human Rights Program
Ivy Lam, Investor Protection Clinic
Students, please check the internal events calendar listing through E-legal for the webinar link. THANKS!

WEBINAR: COVID-19 Contact Tracing and the Canadian Constitution
2020-07-29 12:00 - 13:30
The David Asper Centre for Constitutional Rights & the Schwartz Reisman Institute for Technology and Society were pleased to co-present
COVID-19 Contact Tracing and the Canadian Constitution
a FREE WEBINAR on Wednesday July 29, 2020 @12:00-1:30pm
Contact 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.
In 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.
The 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.
WEBINAR RECORDING LINK
Authors’ BIOS
Lisa 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.
Vincent 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.
Dr. 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.
David 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.
Martha 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.
Dr. 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.
François 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.

Call for Proposals for Student Working Groups 2020/21 - Application Due Date
2020-08-14
University of Toronto Faculty of Law JD students can become involved in the Asper Centre’s work through volunteering with one of our student working groups. The working groups are student-led initiatives that bring together approximately 15 students to work in conjunction with academics, civil society groups or members of the bar on Charter rights advocacy or current constitutional law issues. The working groups receive support and guidance from the Asper Centre Director and Program Coordinator.
For information on how to apply to lead a Working Group read the Proposal Requirements in the Call for Proposals for 2020-21 Asper Centre Working Group. If you would like to apply but need some ideas or have some questions, please contact tal.schreier@utoronto.ca.
The application is due on August 14, 2020.

Every Citizen: Perspectives on Lowering the Voting Age
2020-08-28 13:00 - 14:30
Read News Release, dated November 14, 2019: Asper Centre and Justice for Children and Youth organize youth consultations for legal challenge to Canada’s voting age
VIEW recording of event here

Asper Centre working group information session
2020-09-18 12:45 - 14:00
JD students in all years can volunteer with one of the Asper Centre student working groups that are led by upper year law students. Working groups draft policy briefs, organize workshops, and conduct research on current or emerging constitutional/Charter rights issues and human rights topics.
This year, the Asper Centre is pleased to support the following 6 working groups: Climate Justice, Indigenous Rights, Prisoners’ Rights, Artificial Intelligence & Constitutional Rights, Refugee & Immigration Law, and Sex Workers’ Rights.
Join us online on Friday September 18, 2020 at 12h45 (via the link on the U of T Law internal events calendar) to learn more about our working groups’ projects and how you can get involved.
We look forward to meeting you!

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

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

ABSTRACT

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

WEBINAR RECORDING LINK

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

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

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

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

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

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

Cheryl Milne, Asper Centre

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

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

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

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

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

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

Asper Centre Podcast Launch
2021-10-01 12:00
The Asper Centre is thrilled to announce the launch of its podcast on Friday October 1, 2021.
Charter: A Course, hosted by the Asper Centre’s Executive Director Cheryl Milne, focuses on Canadian constitutional law and litigation. In each episode, we highlight the accomplishments of U of T Law’s faculty and alumni involved in leading constitutional cases and issues. Each episode also includes a “Practice Corner,” where we talk about the ins and outs of what it means to be a constitutional litigator. Whether you are a law student, a lawyer, or just an interested person, we hope that you learn about an aspect of constitutional law and litigation that interests you in our podcast.
The podcast will be available on October 1, 2021 on many popular podcast streaming services such as Spotify, Stitcher and Apple Music and on our website HERE.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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!

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

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

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

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

Commentators

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

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

REGISTER

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