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DTSTART;TZID=America/Toronto:20190205T123000
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SUMMARY:Constitutional Roundtable with Professor Kent Roach
DESCRIPTION:On Tuesday\, February 5\, 2019\, University of Toronto Faculty of Law Professor Kent Roach presented a Constitutional Roundtable titled “Canadian Justice\, Indigenous Injustice: The Gerald Stanley/Colten Boushie Case.” \nIn this Constitutional Roundtable\, Gerald Stanley’s trial for the killing of Colten Boushie\, a 22 year old Cree man\, will be examined in its broader historical\, political and legal context with attention to the role of equality rights in jury selection and trial procedures. The jury selection reforms proposed in Bill C-75 will also be examined as will the role of the RCMP and other policing services. \nBIO \nKent Roach is Professor of Law and Prichard-Wilson Chair of Law and Public Policy at the Faculty of Law. He is a graduate of the University of Toronto and Yale University\, and a former law clerk to Justice Bertha Wilson of the Supreme Court of Canada. He has served as research director in multiple inquiries\, and represented Aboriginal and civil liberties groups in many interventions before the courts. In 2002\, he was elected a Fellow of the Royal Society of Canada\, and in 2013 he was one of four academics awarded a Trudeau Fellowship. \nNo registration required. Light Lunch provided.
URL:https://aspercentre.ca/event/constitutional-roundtable-with-professor-kent-roach/
LOCATION:J140 Jackman Law Building\, 78 Queen's Park Cres\, Toronto\, Ontario\, M5S 2C5\, Canada
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SUMMARY:Constitutional Roundtable with Assistant Professor Y.Y. Chen
DESCRIPTION:On Thursday February 28\, 2019\, Professor Y.Y. Chen presented a Constitutional Roundtable titled “Toward a Substantive Understanding of Citizenship in the Canadian Charter of Rights and Freedoms\,” considering how “citizens” should be interpreted in the Charter context and whether “immigration status” should be considered a protected ground under s. 15 of the Charter. \nBIO \nY.Y. Brandon Chen (SJD candidate\, MSW\, JD\, University of Toronto; BSc\, Emory University) is an Assistant Professor at the University of Ottawa’s Faculty of Law\, Common Law Section. A lawyer and social worker by training\, Professor Chen’s research program examines laws and policies that contribute to health inequities and marginalization\, particularly among noncitizens and racialized minorities. His published work has touched on such topics as health rights litigation\, refugee health care\, social determinants of health\, health care solidarity\, and medical tourism.  Professor Chen currently teaches in areas of public law\, constitutional law\, health law\, and immigration and refugee law. \nABSTRACT \nMany long-term residents of Canada are legally categorized as non-citizens. The fact that non-citizens constitute a marginalized population whose interests are prone to be overlooked or compromised by governments has been recognized by the Supreme Court of Canada. Notwithstanding this\, Canadian courts have so far adopted a relatively conservative stance when interpreting the applicability of the Canadian Charter of Rights and Freedoms to non-citizen residents. Particularly\, courts have construed the Charter’s reference to the term “citizen” in a purely legalistic fashion\, limiting the guarantees of voting rights\, mobility rights and language rights to only those meeting the requirements stipulated in the Citizenship Act. In the same vein\, under s 15 of the Charter\, although courts have accepted citizenship as an analogous ground of protection against discrimination\, case law shows that governmental distinction between different groups of non-citizens will generally not attract constitutional scrutiny. Such case law constrains non-citizens’ participation in society and deprives them of important legal recourse in cases of rights infringement despite their contribution and subjugation to the social cooperation process. Given these concerns\, this paper advocates for an understanding of citizenship in the Charter context that is independent from its statutory definition. Specifically\, drawing on a thriving body of social science literature on the subject\, the paper argues that for the purpose of the Charter\, citizenship should embody a non-binary\, multi-dimensional conception of national membership that takes into account a person’s social ties\, societal engagement and self-identification. As the Canadian society becomes ever more pluralistic\, the adoption of this more nuanced understanding of citizenship represents a logical growth of the constitutional “living tree” and a more adequate constitutional safeguard of non-citizens’ rights. \n  \nNo registration required. Light Lunch provided.
URL:https://aspercentre.ca/event/constitutional-roundtable-with-professor-y-y-chen/
LOCATION:Jackman Law Building Room J140\, 78 Queen’s Park
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