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DTSTART;TZID=America/Toronto:20100209T123000
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SUMMARY:Intellectual Influences on Australian Federalism
DESCRIPTION:Nicholas Aroney – TC Beirne School of Law\, U. of Queensland\nThis paper utilizes the Australian experience of federation\, 1890–1901\, as a vehicle for the discussion of the leading conceptions of federalism extant in the late nineteenth-century English-speaking world. In particular\, the paper examines the federal theories of James Madison\, James Bryce\, Edward Freeman\, Albert Dicey and John Burgess in the context of many others\, and seeks to show that the idea of a ‘Commonwealth of commonwealths’\, although controverted by contending theories\, remained a central theme in late nineteenth-century conceptions of federalism. \nNicholas Aroney teaches constitutional law\, comparative constitutional law and legal theory. He has published widely in these fields\, including recent publications in University of Toronto Law Journal\, The American Journal of Comparative Law\, Law and Philosophy\, Sydney Law Review and Melbourne University Law Review. He also speaks frequently at national and international conferences on these topics. Dr Aroney is the author of several books\, including Freedom of Speech in the Constitution and The Constitution of a Federal Commonwealth: The Making and Meaning of the Australian Constitution\, recently published by Cambridge University Press. He also recently edited a book entitled Restraining Elective Dictatorship: The Upper House Solution? published by University of Western Australia Press. He is currently working on three further books\, The Jurisprudence of a Federal Commonwealth (Cambridge University Press)\, Shari’a in the West? (Oxford University Press) and Constitutional Federalism: Theory and Practice (Ashgate Press). Dr. Aroney came to the Law School in 1995 after working with a major national law firm and acting as a legal consultant in the field of building and construction law. \nA light lunch will be provided. \nFeb 9\, 2010
URL:https://aspercentre.ca/event/intellectual-influences-on-australian-federalism/
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DTSTART;TZID=America/Toronto:20100211T123000
DTEND;TZID=America/Toronto:20100211T140000
DTSTAMP:20260419T172853
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LAST-MODIFIED:20170621T153832Z
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SUMMARY:The Khadr Decision: A Just Result?
DESCRIPTION:The Supreme Court of Canada released its unanimous decision in Prime Minister of Canada et al. v. Omar Khadr on Friday\, January 29\, 2010. It declared that the Canadian government is violating Omar Khadr’s right to life\, liberty and security under the Charter of Rights and Freedoms. The court denounced the use of torture in the form of sleep deprivation by U.S. authorities against Mr. Khadr when he was 15 years old in order to soften him up for interrogations conducted by Canadian authorities. However\, it stopped short of ordering what was being sought – the request by the Canadian government to release him from Guantanamo and return him to Canada – citing Crown prerogative in regard to foreign relations. What are the implications of this decision? What is the appropriate role for the judiciary in the circumstances of this case? Is a declaration of injustice a just remedy? What difference does it make that Omar Khadr was a child at the time of the initial violations and the allegations against him? \nOur Panel: \nProf. Audrey Macklin is a professor at the Faculty of Law. She holds law degrees from Yale and Toronto\, and a bachelor of science degree from Alberta. She served as law clerk to Mme Justice Bertha Wilson at the Supreme Court of Canada. Prof. Macklin’s teaching areas include criminal law\, administrative law\, and immigration & refugee law. Her research and writing interests include transnational migration\, citizenship\, forced migration\, feminist and cultural analysis\, and human rights. She has published on these subjects in numerous journals and in collections of essays such as The Security of Freedom: Essays on Canada’s Anti-Terrorism Bill and Engendering Forced Migration. Prof. Macklin has been active in the Omar Khadr case and most recently acted as co-counsel for the Asper Centre in Prime Minister of Canada et al. v. Omar Khadr at the Supreme Court. \nProf. Kent Roach is Prichard-Wilson Chair of Law and Public Policy at the University of Toronto Faculty of Law\, with cross-appointments in criminology and political science\, and a Fellow of the Royal Society of Canada. He is a graduate of the University of Toronto and of Yale\, and a former law clerk to Justice Bertha Wilson of the Supreme Court of Canada. Professor Roach’s books include Constitutional Remedies in Canada (winner of the 1997 Owen Prize for best law book)\, Due Process and Victims’ Rights: The New Law and Politics of Criminal Justice (short-listed for the 1999 Donner Prize for best public policy book)\, The Supreme Court on Trial: Judicial Activism or Democratic Dialogue (short-listed for the 2001 Donner Prize)\, and September 11: Consequences for Canada (named one of the five most significant books of 2003 by the Literary Review of Canada). In recent years\, Professor Roach has specialized in anti-terrorism law and policy and is the co-editor of The Security of Freedom: Essays on Canada’s Anti-Terrorism Bill (2001) and Global Anti-Terrorism Law and Policy (2005). Professor Roach also served on the research advisory committee for the Commission of Inquiry into the Actions of Canadian Officials in Relation to Maher Arar and is Director of Research (Legal Studies) for the Commission of Inquiry into the Investigation of the Bombing of Air India Flight 182. \nProf. David Schneiderman is Professor of Law and Political Science. He was called to the Bar of British Columbia in 1984 where he practised law and then served as Research Director of the Canadian Civil Liberties Association in Toronto from 1986-89. He was Executive Director of the Centre for Constitutional Studies\, an interdisciplinary research institute\, at the University of Alberta from 1989-99. Professor Schneiderman has authored numerous articles on Canadian federalism\, the Charter of Rights\, Canadian constitutional history\, and constitutionalism and globalization. He has authored Constitutionalizing Economic Globalization: Investment Rules and Democracy’s Promise (Cambridge University Press\, 2008) and co-authored The Last Word: Media Coverage of the Supreme Court of Canada with Florian Sauvageau and David Taras (UBC Press\, 2006). He is founding editor of the quarterly Constitutional Forum Constitutionnel and founding editor-in-chief of the journal Review of Constitutional Studies. \nCheryl Milne is the executive director of the Asper Centre. She has extensive experience as a legal advocate for children previously with the legal clinic Justice for Children and Youth. There she led the clinic’s Charter litigation at the Supreme Court of Canada including the challenge to the corporal punishment defence in the Criminal Code [Canadian Foundation for Children\, Youth and the Law v. Canada (2004)]\, the striking down of the reverse onus sections of the Youth Criminal Justice Act for adult sentencing [R. v. D.B. (2008)]\, and most recently an intervention involving the right of a capable adolescent to consent to her own medical treatment (A.C. v. Manitoba Child and Family Services (2009)]. She is currently the Chair of the Ontario Bar Association’s Constitutional\, Civil Liberties and Human Rights section. \nThe workshop will be moderated by Prof. Hamish Stewart. \n  \nEvent date: Thursday\, February 11\, 2010\, from 12:30 PM to 2:00 PM\nLocation: Rm FLB\, Flavelle House\, Faculty of Law\, University of Toronto \nLink to the webcast here.
URL:https://aspercentre.ca/event/the-khadr-decision-a-just-result/
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DTSTART;TZID=America/Toronto:20100225T123000
DTEND;TZID=America/Toronto:20100225T140000
DTSTAMP:20260419T172853
CREATED:20170621T153703Z
LAST-MODIFIED:20170621T153703Z
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SUMMARY:Overdue Update or Big Brother? Lawful Access and Cyber Surveillance
DESCRIPTION:As rapidly advancing communication technology transforms so many aspects of human interaction it is crucial for public safety that investigative powers remain relevant to the rapidly evolving methods of crime. However\, these methods must not too broadly infringe on the rights and liberties of Canadian Citizens. In 2009\, two bills\, C- 46 and C-47\, were introduced with the intent of updating the state’s authority to access electronic communications data. These bills have been controversial\, provoking very different responses from the law enforcement and privacy communities. \nThe David Asper Centre for Constitutional Rights and the Canadian Civil Liberties Association are co-hosting a workshop to explore the important issues associated with giving law enforcement easier access to electronic communications data. Topics will include: the emerging realities of internet privacy\, informational privacy\, and defence and crown perspectives on proposed “lawful access” legislation.\nSpeakers will include: \nProf. David Murakami Wood is a Canada Research Chair in Surveillance Studies and Associate Professor at Queen’s University. He is a member of Queen’s new Surveillance Studies Centre and Managing Editor of Surveillance & Society\, the international journal of surveillance studies. In 2006 he coordinated the influential Report on the Surveillance Society for the UK Information Commissioner (ICO) and organised submissions to the UK House of Commons and House of Lords inquiries on surveillance. Professor Murakami Wood’s research and teaching interests include surveillance and globalization\, new technologies of surveillance\, and the history\, politics and ethics of surveillance. He is currently writing several books and has published numerous articles on surveillance-related issues. \nProf. Lisa Austin is an associate professor at the Faculty of Law\, where she is affiliated with the Centre for Innovation Law and Policy. Prior to joining the faculty\, she served as law clerk to Mr. Justice Frank Iacobucci of the Supreme Court of Canada. Professor Austin’s research and teaching interests include property\, privacy\, the legal regulation of information and the ethical and social justice issues raised by emerging technologies. She is currently developing work on issues such as the challenges that information technology poses to our conception of privacy\, and what theory of law is most responsive to the needs of a technological society. \nRobert Hubbard was called to the Ontario Bar in 1977. He is counsel with the Crown Law Office – Criminal of the Ministry of the Attorney General of Ontario. Previously\, Bob was Senior General Counsel with the Department of Justice in Toronto. He has appeared as counsel at all levels of court. Most recently\, Bob was involved in the prosecution of Livent principals Garth Drabinsky and Myron Gottlieb. He has appeared as counsel on many search and seizure/privacy cases at the Supreme Court. Bob has co-authored the books Wiretapping and Other Electronic Surveillance: Law and Practice\, 2000\, Aurora\, Canada Law Book\, The Law of Privilege in Canada\, 2006\, Aurora\, Canada Law Book and Money Laundering and Proceeds of Crime\, 2004\, Toronto\, Irwin Law. Bob has also published several articles dealing with privacy issues including: Hubbard\, R.W.\, DeFreitas\, P. and Magotiaux\, S. “The Internet — Expectations of Privacy in a New Context” [2001] 45 Criminal Law Quarterly 170-197; Hubbard\, R.W.\, Magotiaux\, S.\, and Proestos\, X.\, “The Limits of Privacy: Police Access to Subscriber Information in Canada\,” [2002] 46 Criminal Law Quarterly 361- 390. He lectures extensively on criminal law and advocacy related issues. \nAdam Boni is a criminal defence lawyer. He began his career as a federal prosecutor with the Department of Justice. In 1999\, he left the federal prosecution service to start his own boutique criminal defence practice in downtown Toronto. During the past decade\, Mr. Boni has litigated a number of large criminal cases\, at trial and on appeal\, involving complex Charter of Rights issues. He has a keen interest in search and seizure litigation involving electronic surveillance. Mr. Boni is a past Director of the Ontario Criminal Lawyers’ Association (2007-2009). He is a co-author of Sentencing Drug Offenders (Canada Law Book\, 2004) and has written extensive papers on warrantless search issues and roadside drug investigations for the Advocates’ Society. Mr. Boni has been a regular guest speaker at a number of Continuing Legal Education programs offered by the Advocates’ Society and the Criminal Lawyers’ Association on Charter of Rights’ issues. He has been a guest lecturer at training programs and legal educational conferences held for Canada Border Services Agents\, Peel Regional Police\, the Toronto Police Service\, the Ontario Provincial Police and the York Regional Police Service. \nThis panel discussion will be moderated by Graeme Norton\, Director of the Canadian Civil Liberties Association’s Public Safety Project. \nEvent date: Thursday\, February 25\, 2010\, from 12:30 PM to 2:00 PM\nLocation: Room FLB\, Flavelle House\, Faculty of Law\, University of Toronto \nCLICK HERE FOR LINK TO WEBCAST
URL:https://aspercentre.ca/event/overdue-update-or-big-brother-lawful-access-and-cyber-surveillance/
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