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DTSTART;TZID=America/Toronto:20101005T123000
DTEND;TZID=America/Toronto:20101005T140000
DTSTAMP:20260420T013229
CREATED:20170621T180855Z
LAST-MODIFIED:20170721T162144Z
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SUMMARY:Is none still too many?
DESCRIPTION:Faculty of Law\, University of Toronto\nConstitutional Roundtable\npresents\nJames Hathaway\, University of Michigan Law School\nAudrey Macklin\, University of Toronto Faculty of Law\nLorne Waldman\, Lorne Waldman and Associates \nIs None Still Too Many? Asylum Seekers on Boats\, Then and Now\, Here and There \n12:30 – 2:00\nTuesday\, October 5\, 2010\nClassroom C – Flavelle House – 78 Queen’s Park \nJames C. Hathaway\, the William Hearn Professor and Dean of the Melbourne Law School\, is a leading authority on international refugee law whose work is regularly cited by the most senior courts of the common law world. He is also Senior Visiting Research Associate at Oxford University’s Refugee Studies Programme\, and President of the Cuenca Colloquium on International Refugee Law. Hathaway was previously the James E. and Sarah A. Degan Professor and founding Director of the Program in Refugee and Asylum Law at the University of Michigan\, USA (1998-2008)\, Professor of Law and Associate Dean of the Osgoode Hall Law School\, Canada (1984-1998)\, Counsel on Special Legal Assistance for the Disadvantaged to the Government of Canada (1983-1984)\, and Professeur adjoint de droit at the Université de Moncton\, Canada (1980-1983). He has been appointed a visiting professor at the Universities of Cairo\, California\, Macerata\, and Tokyo and has provided training on refugee law to academic\, non-governmental\, and official audiences around the world. Hathaway’s publications include more than sixty journal articles\, a leading treatise on the refugee definition (The Law of Refugee Status\, 1991)\, an interdisciplinary study of models for refugee law reform (Reconceiving International Refugee Law\, 1997) and\, most recently\, The Rights of Refugees under International Law (2005) – the first comprehensive analysis of the human rights of refugees set by the UN Refugee Convention\, all linked to key international human rights norms and applied to the world’s most difficult protection challenges. He serves as Counsel on International Protection to both the U.S. Committee for Refugees and Immigrants and Asylum Access\, a non-profit organization committed to delivering innovative legal aid to refugees in the global South. Hathaway also sits on the editorial boards of the Journal of Refugee Studies and the Immigration and Nationality Law Reports and directs the Refugee Caselaw Site (www.refugeecaselaw.org)\, a website that collects\, indexes\, and publishes leading judgments on refugee law. \nAudrey 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. After graduating from Toronto\, she served as law clerk to Mme Justice Bertha Wilson at the Supreme Court of Canada. She was appointed to the faculty of Dalhousie Law School in 1991\, promoted to Associate Professor 1998\, moved to the University of Toronto in 2000\, and became a full professor in 2009. While teaching at Dalhousie\, she also served as a member of the Immigration and Refugee Board. Professor Macklin’s teaching areas include criminal law\, administrative law\, and immigration and 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 journals such as Refuge and Canadian Woman Studies\, and in collections of essays such as The Security of Freedom: Essays on Canada’s Anti-Terrorism Bill and Engendering Forced Migration. \nLorne Waldman LL.B. (Osgoode)\, LL.M (Toronto) practices exclusively in the area of immigration and refugee law\, and has done so since 1979. Mr. Waldman has appeared very frequently at all levels of the courts in Canada\, including the Supreme Court of Canada\, the Federal Court and the Federal Court of Appeal where he has argued many of the leading cases in immigration and refugee law. Mr. Waldman successfully acted as co counsel for Maher Arar at the public inquiry into the circumstances behind his deportation from the United States to Syria where he was subjected to brutal torture. The Public Inquiry concluded that there was absolutely no evidence that Mr. Arar was involved in any illegal activities. He acted for the Canadian Bar Association at the recent Supreme Court hearings in the case of Charkaoui where the Supreme Court struck down the Security Certificates. He has also appeared for the CBA as one of the spokesperson on national security issues at hearings into the Review of the Anti Terrorism Legislation and assisted in the writing of the CBA briefs on the Anti Terrorism Legislation to the Parliamentary And Senate Committees. Mr. Waldman has appeared as a witness before the House of Commons and Senate on issues of immigration and refugee law frequently and is a frequent commentator on immigration and refugee issues in the media. He is the author and editor of Immigration Law and Practice\, a two volume\, loose leaf service published by Butterworth’s Canada in 1992\, and two other works: The Definition of Convention Refugee published by Butterworths in 2001 and Canadian Immigration and Refugee Practice\, first published in October of 2005 by Butterworths. It is published annually with updates to case digests and commentary. In August\, 2007 he was awarded the Louis St Laurent award by the CBA for his contribution to the legal profession.
URL:https://aspercentre.ca/event/is-none-still-too-many/
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DTSTART;TZID=America/Toronto:20101006T123000
DTEND;TZID=America/Toronto:20101006T140000
DTSTAMP:20260420T013229
CREATED:20170621T152940Z
LAST-MODIFIED:20170621T152940Z
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SUMMARY:G20 Workshop
DESCRIPTION:Project G20 Inaugural Panel:\nProtecting Rights in the Aftermath of the G20 Summit in Toronto\nProject G20\, a student-led working group of the David Asper Centre for Constitutional Rights\, invites the legal community and the public at large to attend its inaugural panel entitled “Protecting Rights in the Aftermath of the G20 Summit in Toronto.”\nOn June 26-27\, 2010 Toronto hosted the summit for the Group of 20 (“G20”) nations. Anticipating the large scale protests that would precede and coincide with the summit\, the Government of Canada\, the Province of Ontario and the City of Toronto coordinated to establish a substantial security infrastructure and perimeter around the summit site. As many started gathering in Toronto prior to the weekend summit\, complaints about improper police conduct became increasingly frequent. On June 26\, as many as 10\,000 people gathered in protest. While the vast majority demonstrated peacefully\, a small group of black-clad individuals broke away from the main crowd\, vandalizing stores and banks in the downtown core and setting fire to abandoned police vehicles. For the remainder of the weekend\, the police adopted aggressive measures to control the demonstrations that subsequently lead to the arrest of more than 1\,000 people\, the largest mass arrest in Canadian history.\nThis inaugural panel will address the many allegations of breaches to Charter rights during the G20 week and add perspective to the debate about the proper balance between society’s fundamental freedoms and the state’s security interests. \nFor more information\, please contact asper.projectg20@gmail.com \nPanel Discussion with: \nCara Zwibel is Director of the Fundamental Freedoms Program at the Canadian Civil Liberties Association. She is a graduate of Osgoode Hall Law School and received her Master’s in Law from New York University where she was an Arthur T. Vanderbilt Scholar. Cara was a judicial clerk to the Honourable Ian Binnie at the Supreme Court of Canada and subsequently worked at a large national law firm practicing in the areas of public law\, health law and commercial litigation. She has co-authored published articles on the rule of law in the Supreme Court of Canada and on Charter advocacy. \nProfessor 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 \nJustice Bertha Wilson of the Supreme Court of Canada. \nIrina Ceric is a staff lawyer at Parkdale Community Legal Services and a PhD candidate at Osgoode Hall Law School. A long-time community activist\, she currently works primarily with the Law Union of Ontario’s Movement Defence Committee and the Global Balkans Network. \nThe panel will be moderated by Professor David Schneiderman. \n  \nEvent date: Wednesday\, October 06\, 2010\, from 12:30 PM to 2:00 PM\nLocation: Room FLB\, Flavelle House\, Faculty of Law\, University of Toronto
URL:https://aspercentre.ca/event/g20-workshop/
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BEGIN:VEVENT
DTSTART;TZID=America/Toronto:20101012T123000
DTEND;TZID=America/Toronto:20101012T140000
DTSTAMP:20260420T013229
CREATED:20170621T181142Z
LAST-MODIFIED:20170721T162022Z
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SUMMARY:Acts of Attrition
DESCRIPTION:Mary Eberts\, S.J.D. Candidate\, University of Toronto Faculty of Law \nOctober 12\, 2010
URL:https://aspercentre.ca/event/acts-of-attrition/
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DTSTART;TZID=America/Toronto:20101021T123000
DTEND;TZID=America/Toronto:20101021T140000
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SUMMARY:Proportionality
DESCRIPTION:Speaker: Aharon Barak\, President of the Supreme Court of Israel (Emeritus) \nThis essay focuses on proportionality stricto sensu as a consequential test of balancing. The basic balancing rule establishes a general criterion for deciding between the marginal benefit to the public good and the marginal limit to human rights. Based on the Israeli constitutional jurisprudence\, this essay supports the adoption of a principled balancing approach that translates the basic balancing rule into a series of principled balancing tests\, taking into account the importance of the rights and the type of restriction. This approach provides better guidance to the balancer (legislator\, administrator\, judge)\, restricts wide discretion in balancing\, and makes the act of balancing more transparent\, more structured\, and more foreseeable. The advantages of proportionality stricto sensu with its three levels of abstraction are several. It stresses the need to always look for a justification of a limit on human rights; it structures the mind of the balancer; it is transparent; it creates a proper dialog between the political brunches and the judiciary\, and it adds to the objectivity of judicial discretion. Proportionality stricto sensu however has it critics: some claim that it attempts to balance incommensurable items; others that balancing is irrational. The answer to the critics is that it is a common base for comparison\, namely the social marginal importance and that the balancing rules—basic\, principled\, concrete—supply a rational basis for balancing. A democracy must entrust the judiciary—the unelected independent judiciary—to be the final decision-maker—subject to constitutional amendments—about proper ends that cannot be achieved because they are not proportionality stricto sensu. \nAharon Barak\, born in Lithuania in 1936\, is married and the father of four. He studied law\, economics and international relations at the Hebrew University in Jerusalem. Barak received an MA in law in 1958\, and a doctorate in 1963. He was appointed Associate Professor of Law at the Hebrew University in 1968 and became Dean of that Faculty in 1974. From 1975-8\, he occupied the position of Attorney General of Israel\, an appointed and independent position in the Ministry of Justice overseeing the justice system. He was appointed to the Supreme Court of Israel in 1978 and became its President in 1995. His retirement from the Court took place in September 2006 when he reached the age of mandatory retirement. He has received a number of prizes and honours\, including the Kaplan Prize for excellence in science and research and the Israel Prize in legal sciences as well as numerous honorary degrees. He is the author of a number of books in Hebrew and in English as well as numerous articles on a wide variety of legal topics. His publications in English include Judicial Discretion\, Purposive Interpretation in Law and The Judge in a Democracy\, from Princeton University Press. \nA light lunch will be served. \nFor more workshop information\, please contact Professor Lorraine Weinrib at l.weinrib@utoronto.ca or Nadia Gulezko at n.gulezko@utoronto.ca. \n  \n2010
URL:https://aspercentre.ca/event/proportionality/
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BEGIN:VEVENT
DTSTART;TZID=America/Toronto:20101025T123000
DTEND;TZID=America/Toronto:20101025T140000
DTSTAMP:20260420T013229
CREATED:20170621T152750Z
LAST-MODIFIED:20170621T152750Z
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SUMMARY:The Decriminalization of Prostitution in Ontario: Perspectives on Bedford v. Canada
DESCRIPTION:In the recent landmark case Bedford v. Canada\, Justice Himmel of the Ontario Superior Court held that three provisions of the Criminal Code that criminalize facets of prostitution—living on the avails of prostitution\, keeping a common bawdy house and communicating in a public place for the purpose of engaging in prostitution—infringe the core values protected by section 7 of the Charter\, and that this infringement is not saved by section 1 as a reasonable limit demonstrably justified in a free and democratic society. The Federal Government has indicated that it will appeal the decision\, which was stayed for 30 days pending further submissions from the Crown. \nA distinguished panel\, which will include Professor Alan Young (counsel for the applicants in the case)\, Professor Brenda Cossman\, and Professor Hamish Stewart\, will discuss the Superior Court decision and what it means for the future of prostitution laws in Canada. Read an abridged version of the decision here or the complete decision here.  \n  \nEvent date: Monday\, October 25\, 2010\, from 12:30 PM to 2:00 PM\nLocation: Room FLC\, Flavelle House\, Faculty of Law\, University of Toronto
URL:https://aspercentre.ca/event/the-decriminalization-of-prostitution-in-ontario-perspectives-on-bedford-v-canada/
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