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SUMMARY:Canadian Federalism and Treaty Powers: Organic Constitutionalism at Work
DESCRIPTION:Hugo Cyr – Université du Québec à Montréal\nABSTRACT: With the increased mobility and interdependence brought on by globalisation\, governments can no longer deal effectively with what were traditionally regarded as «domestic issues» unless they cooperate among themselves. International law may once have been a sort of inter-state law concerned mostly with relations between states\, but it now looks increasingly inside state borders and has become\, to a large degree\, a trans-governmental law. While this creates significant challenges even for highly-unified «nation-states»\, the challenges are even greater for federations in which powers have been divided up between the central government and federated states. What roles should central governments and federated states play in creating and implementing this new form of governance? Using the Canadian federation as its starting point\, this case study illustrates a range of factors to be considered in the appropriate distribution of treaty powers within a federation. Professor Cyr also shows how – because it has no specific provisions dealing with the distribution of treaty powers – the Canadian constitution has «organically» developed a tight-knit set of rules and principles responding to these distributional factors. This book is therefore both about the role of federated states in the current world order and an illustration of how organic constitutionalism works. \nPRESENTATION: The presentation will focus on the first part of Chapt. II in which I examine the traditional arguments put forward by the federal government to support its claim that it possesses exclusive and plenary powers to make treaties. In that chapter\, I show how all such arguments are without valid constitutional foundation. I also demonstrate how orthodox constitutional sources and sound policy reasons support a division of treaty-making powers according to the general division of legislative powers \nHugo Cyr [LL.B.\, B.C.L. (McGill)\, LL.M. (Yale)\, LL.D. (U. de Montréal] is Professor of Public Law and Legal Theory at the Université du Québec à Montréal and a member of the Québec Bar. He is a member of the Centre de recherche interdisciplinaire sur la diversité au Québec (CRIDAQ) and Vice President of the Chaire UNESCO d’étude des fondements philosophiques de la justice et de la société démocratique. He has been a Boulton Fellow at McGill University\, a law clerk at the Supreme Court of Canada and a Visiting Researcher at the European Academy of Legal Theory. Professor Cyr has also taught at McGill University and the Université de Montréal. \nA light lunch will be served. \n  \n2010
URL:https://aspercentre.ca/event/canadian-federalism-and-treaty-powers-organic-constitutionalism-at-work/
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DTSTART;TZID=America/Toronto:20100315T123000
DTEND;TZID=America/Toronto:20100315T140000
DTSTAMP:20260419T184318
CREATED:20170621T153512Z
LAST-MODIFIED:20170621T153512Z
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SUMMARY:Clinic Information Session
DESCRIPTION:Information session on clinical opportunities \nPlease join all the clinics for a joint information session about for-credit clinical opportunities in second and third year. Presenters will include: Asper Centre\, DLS\, Health Law and Equity Clinic\, and the IHRP. Each clinic will review the type of cases/projects pursued\, admission requirements and application details. \nFor more information\, contact Kara Norrington at kara.norrington@utoronto.ca \n  \nEvent date: Monday\, March 15\, 2010\, from 12:30 PM to 2:00 PM\nLocation: FLA\, Flavelle House
URL:https://aspercentre.ca/event/clinic-information-session-2/
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DTSTART;TZID=America/Toronto:20100317T123000
DTEND;TZID=America/Toronto:20100317T140000
DTSTAMP:20260419T184318
CREATED:20170621T153425Z
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SUMMARY:Constitutional Roundtable - Marci Hamilton
DESCRIPTION:Marci Hamilton – Benjamin N. Cardozo School of Law\nThe Rules Against Scandal and What They Mean For the First Amendment’s Religion Clauses\nNOTE: Room change to FLA in Flavelle House. \nMARCI A. HAMILTON is one of the United States’ leading church/state scholars and holds the Paul R. Verkuil Chair in Public Law at the Benjamin N. Cardozo School of Law\, Yeshiva University. She is the author of JUSTICE DENIED: WHAT AMERICA MUST DO TO PROTECT ITS CHILDREN (Cambridge University Press 2008) and GOD VS. THE GAVEL: RELIGION AND THE RULE OF LAW (Cambridge University Press 2005\, 2007). She is also a columnist on constitutional issues for www.findlaw.com\, where her column appears every other Thursday. She has been a visiting professor at Princeton University\, New York University School of Law\, Emory University School of Law\, and the Princeton Theological Seminary. \nProfessor Hamilton is frequently asked to advise Congress and state legislatures on the constitutionality of pending legislation and to consult in cases involving important constitutional issues. She was lead counsel for the City of Boerne\, Texas\, in Boerne v. Flores\, 521 U.S. 507 (1997)\, before the Supreme Court in its seminal federalism and church/state case holding the Religious Freedom Restoration Act unconstitutional. She has served as constitutional law counsel in many important clergy sex abuse and religious land use cases\, and has testified before numerous state legislatures regarding elimination of the statutes of limitations for childhood sex abuse. \nProfessor Hamilton clerked for Associate Justice Sandra Day O’Connor of the United States Supreme Court and Judge Edward R. Becker of the United States Court of Appeals for the Third Circuit. She received her J.D.\, magna cum laude\, from the University of Pennsylvania Law School where she served as Editor-in-Chief of the University of Pennsylvania Law Review. She also received her M.A. in Philosophy and M.A.\, high honors\, in English from Pennsylvania State University\, and her B.A.\, summa cum laude\, from Vanderbilt University. She is a member of Phi Beta Kappa and Order of the Coif. \nA light lunch will be provided. \nFor more workshop information\, please contact Professor Lorraine Weinrib at l.weinrib@utoronto.ca or Nadia Gulezko at n.gulezko@utoronto.ca \n  \nEvent date: Wednesday\, March 17\, 2010\, from 12:30 PM to 2:00 PM\nLocation: Room FLA\, Flavelle House\, Faculty of Law\, University of Toronto \n 
URL:https://aspercentre.ca/event/constitutional-roundtable-marci-hamilton/
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DTSTART;TZID=America/Toronto:20100323T123000
DTEND;TZID=America/Toronto:20100323T140000
DTSTAMP:20260419T184318
CREATED:20170621T153312Z
LAST-MODIFIED:20170721T161744Z
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SUMMARY:Criminalization of Polygamy: Constitutional or Not?
DESCRIPTION:Join us for a panel discussion on the upcoming reference at the British Columbia Supreme Court regarding the constitutionality of s. 293 of the Criminal Code which prohibits polygamy in Canada. This case has attracted wide interest\, and will involve various interveners\, including the Asper Centre together with the Canadian Coalition for Children and Youth\, and other religious\, women’s and children’s\, and civil liberties organizations. Cheryl Milne\, Director of the Asper Centre\, will moderate a panel including faculty members Lorraine Weinrib\, Rebecca Cook\, and Mohammad Fadel. Professor Weinrib\, who has published widely in the area of the Charter and teaches several courses in constitutional law\, will address the issue of freedom of religion with respect to polygamy\, particularly the treatment of children and vulnerable persons by religious institutions\, and more specifically the questions of religious framing of the family with reference to polygamous communities. Professor Fadel\, who teaches Religion and the Liberal State: The Case of Islam and has published numerous articles in Islamic legal history\, will discuss polygamy under Islamic law and associated issues freedom of religion. Finally\, Professor Cook\, Faculty Chair in International Human Rights and Co-Director of the International Programme on Reproductive and Sexual Health Law at the University of Toronto\, will address Canada’s obligations under international law with respect to polygamy. \nA light lunch will be served. \n  \nMarch 23\, 2010
URL:https://aspercentre.ca/event/criminalization-of-polygamy-constitutional-or-not/
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