Photo: Asper Centre Indigenous Rights Student Working Group Leader Zachary Biech (R) recruiting members at U of T Law Clubs Fairs, 2018
About the working groups
U of T law students can become involved in the Asper Centre’s work through volunteering with one of our student working groups. The student working groups are student-led initiatives that bring together 10-15 students to work in conjunction with academics, civil society groups and members of the bar on Charter rights advocacy or current constitutional law issues. The working group leaders, who are upper year law students, manage and mentor their working group members while receiving support from the Asper Centre Program Coordinator and Director.
How to become involved with a working group as a 1L
Please note, due to Covid19, this year’s Asper Centre Student Working Group Information Session will be held online on Friday September 18th @12h45 (see event listing here). All students wishing to learn more about our working groups this year and how to get involved are strongly encouraged to attend this session.
Also, this year the Asper Centre is taking part in the Public Interest Programs’ Joint-Volunteer Recruitment Process and it is recommended that students read these guidelines to become familiar with the process.
Please email firstname.lastname@example.org (Asper Centre Program Coordinator) if you have any questions.
Upper year law students are welcome to join a working group too!
How to become a working group leader as an upper year law student
For information on how to apply to lead a Student Working Group, please 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 email@example.com. This year, in addition to Student Working Group ideas developed by students, the Asper Centre invites and welcomes proposals from students who would be interested in leading a COVID-19 working group or a children’s rights working group.
2020-2021 Working Groups
This year, the Climate Justice working group will be focusing on two topics related to climate change with significant constitutional implications: the carbon tax constitutional challenge and the ongoing pipeline disputes. Both issues have received considerable attention over the past year and the group wishes to use that attention to engage law students on the role of law and the Constitution in these really relevant topics. The carbon tax is being challenged at the Supreme Court, on the grounds that a national carbon tax is ultra vires the Federal government. The challenge is set to be heard this coming fall. This is a topical issue that invokes key aspects of federalism. The Coastal Gaslink Pipeline, planned to extend through unceded territory, has most recently been in the public eye, with news stories depicting pipeline protests appearing throughout early 2020. This pipeline – as all pipelines throughout Canada are – is a significant source of environmental racism. Pipelines in Canada invoke Section 35, federalism, and charter rights. The working group plans on hosting 2 panel discussions on each topic (one each term) and the group members will also engage in other forms of legal advocacy on these issues.
Bill C-3, An Act to amend the Royal Canadian Mounted Police Act and the Canada Border Services Agency Act and to make consequential amendments to other Act, was recently introduced to the House of Commons. The Indigenous Rights Working Group will research the problems associated with the current lack of independent oversight of the CBSA as well as research ways in which Bill C-3 could be used to address these issues. Specifically, they will be examining the CBSA’s oversight body in the context of its relationship with the Mohawk Nation at Akwesasne, which faces unique mobility needs as it sits astride the U.S.- Canada border. The group intends to present its findings and recommendations to Parliament, either in person or in writing, so that our work may be used to help inform Bill C-3.
This working group proposes to develop an updated and accessible handbook on the Charter and procedural rights of inmates in Canada. Existing inmates’ rights handbooks are often out of date, do not center on an inmate’s experiences and needs, or do not explore how Charter rights have been judicially interpreted in the context of incarceration. Specifically, there is a lack of accessible literature which explains in practical terms how the Charter rights of inmates manifest in everyday life within correctional institutions in practical terms, and the associated responsibilities that they place on correctional institutions. The working group is seeking to address this gap through the creation of this handbook, and by providing it free of charge to correctional institutional institutions across the country. The group will consult with stakeholders, faculty advisors and working group members to decide on the scope of such a handbook, to evaluate the scale of its potential circulation and to potentially seek funding for this project.
Artificial Intelligence and Constitutional Rights
The working group seeks to explore the impact of the use of facial recognition software by police agencies on one’s constitutional rights. This type of software brings up many questions regarding an individuals’ privacy rights under s. 8 of the Charter: does one have a reasonable expectation of privacy in the photos they choose to post and make public? Might one reasonably expect law enforcement bodies to have access to and use that information against them? How does our current search and seizure jurisprudence interact with emerging technologies and digital information? The group plans to make a submission to the Standing Committee on Access to Information, Privacy, and Ethics for their current study on the Impact of Facial Recognition and Artificial Intelligence.
Sex Workers Rights
This group will be addressing the constitutionality of the Protection of Communities and Exploited Persons Act, SC 2014, c 25 [PCEPA]. The long-term goal of the group is to continue to develop a single source of information that sex work organizations could rely on for future advocacy. Last year, the group began developing an initial version of a memo that demonstrates: (a) which legal arguments related to sex work have been successful or unsuccessful, and (b) what evidence is available to demonstrate that the new sex work provisions perpetuate the same harms identified in Bedford. This year, the group will examine the memo and see how it can be improved. The group also seeks to transition some of its work towards legislative advocacy. Section 45.1(1) of the PCEPA states: “Within five years after this section comes into force, a comprehensive review of the provisions and operation of this Act shall be undertaken by such committee of the House of Commons as may be designated or established by the House for that purpose.” Under section 45.1(2), the committee must provide a report to the Speaker of the House within one year. The group, in collaboration with the Asper Centre, will make a formal submission for this review.
Refugee and Immigration Law
The Asper Centre is considering intervening in the Safe Third Country Agreement (STCA) appeal, specifically about the Section 15 Charter arguments hat were raised by the applicants in the matter at trial, but not dealt with by the Federal Court judge in her decision. The judge found that the STCA violates asylum seekers’ Charter Section 7 right to life and the judgement was based only on that ground. This working group will assist the Asper Centre to conduct research including about what courts have said when a trial court refuses to rule on a ground and what other factual findings were made by the trial judge that could assist in this intervention. This working group will also provide legal research assistance on a constitutional challenge to section 34(1)(f) of the Immigration and Refugee Protection Act (IRPA), in contravention of section 12 and section 7 of the Charter. This section captures an individual as a member in an organization that engages in terrorism, espionage, etc. even in the absence of any direct involvement by the individual in said organization.
2019-2020 Working Groups
November 18th, 2019 was the ‘Student Law Clinic Global Day of Action for Climate Justice.’ The event organizers (GAJE, the Global Alliance for Justice Education) asked participating student legal clinics to choose a project related to air pollution and complete it by or on November 18th to mark the date. The Asper Centre Climate Justice student working group prepared an opinion piece on the Ontario government’s potential constitutional obligations with respect to regulating air pollution in Chemical Valley. The OpEd urged the provincial government to honour its commitment to evaluating the impact of the new regulations in the winter of 2019-2020, and to recognize the role it can and should play in protecting environmental rights. In the second term, the group began convening a panel discussion for the law school community about the constitutional challenges to the federal carbon tax in Saskatchewan and Ontario, with experts in constitutional law, economics and government. Unfortunately, this panel was cancelled due to COVID-19.
Right to Equality in Accommodation
Access to adequate, appropriate, and affordable housing is a growing problem for many people in Ontario, especially those from marginalized groups. Low vacancy rates make affordable housing more difficult to find, and also increase the potential for housing discrimination, because landlords can be highly selective. Section 21.1 of the Ontario Human Rights Code states that the right to equal treatment with respect to accommodation does not apply where an accommodation is in a dwelling where the occupants share a kitchen or bathroom with the landlord or their family. This provision takes away protection from discrimination that Ontarians would have otherwise had. This working group will be assisting CERA (the Centre for Equality Rights in Accommodation) by preparing a research memo on the exemption of shared residential accommodation, which will support CERA’s future goal of challenging the constitutionality of S. 21.1.
Sex Workers Rights
The Protection of Communities and Exploited Persons Act, SC 2014, c 25 (PCEPA) was introduced in response to the Supreme Court of Canada’s 2013 decision in Bedford v Canada, where the Court found that three Criminal Code provisions which criminalized components of sex work unjustifiably violated section 7 of the Charter. The PCEPA includes new provisions that criminalize the purchase of sexual services in Canada and other related activities such as advertising the sale of sexual services. Sex worker organizations and constitutional experts believe that these new provisions remain unconstitutional because many of the harms identified in Bedford continue to be perpetuated. The continuation of these harms under a new legal context means that a new constitutional analysis is necessary. This working group conducted caselaw and academic literature research into the various arguments and Charter sections that could be employed in a constitutional challenge to the PCEPA. This summer, the group’s research is being synthesized and combined in a comprehensive memo that will provide accessible information to sex-worker organizations in Canada that could assist in developing a constitutional challenge of the post-Bedford sex work laws.
Refugee and Immigration Law
Recently, there have been reported incidents in which CBSA (Canadian Border Services Agency) officers have randomly conducted street checks in minority-populated Toronto neighbourhoods. In light also of the United States ICE (Immigration and Customs Enforcement) raids and immigration camps, these events are extremely concerning. Thus, HALCO (the HIV & AIDS Legal Aid Clinic of Ontario) collaborated with our longstanding Refugee and Immigration working group to create a plain-language public legal information brochure detailing the powers of a CBSA agent and an individual’s rights when interacting with them in the context of a street check. The working group researched and developed the brochure under the supervision of staff immigration lawyer at HALCO.
2018-2019 Working Groups
Indigenous Rights Working Group This working group focuses on the constitutional dimension of Indigenous rights. This year, the group will analyze the United Nations Declaration on the Rights of Indigenous Peoples (“UNDRIP”) and Bill C-262 with the intent of drafting general recommendations and observations about actions that ought to be taken in order to implement UNDRIP in Canada. This project will examine how UNDRIP affects different legal and policy areas. The group’s other projects include drafting proposed legislation to exonerate Indigenous peoples who were convicted for practicing their ceremonies under past legal regimes; and examining Beaver v Hill for the §35(1) governance issues in relation to Haudenosaunee law and family law in Ontario.
Immigration and Refugee Law Working Group This working group, in the first half of the year, will continue to provide research support for the legal team representing the public interest litigants (Canadian Council for Refugees, Amnesty International and the Canadian Council of Churches) who are challenging the constitutionality of the U.S./Canada Safe Third County Agreement in the Federal Court.
Police Oversight Working Group This working group continues (from the previous year) to work on the comprehensive public legal information guides to navigating each province’s police oversight system. The guides will include information on the structure, important timelines, helpful strategies, and realistic expectations of success for victims of police misconduct or other persons who have legitimate police complaints. This year, the group will also be drafting an advocacy brief about the Ontario Safer Act (Bill 175) that received Royal Assent on March 8, 2018 and is expected to come into force in 2019, although the current status of the legislation remains unclear.
2017-2018 Working Groups
Evaluating Police Oversight Working Group This working group intends to produce a comprehensive public guide to navigating each province’s police oversight system. It will include information on the structure, important timelines, helpful strategies, and realistic expectations of success. The purpose of this project is to critically evaluate the oversight systems that hold police officers accountable in Canada. In particular, this project seeks to examine the effectiveness of those systems in addressing the concerns of Indigenous peoples. In recent years, there have been many high-profile clashes between Indigenous peoples and the police. There have been allegations of systemic racism and improper conduct, such as against the RCMP of northern British Columbia and the Thunder Bay police force and there have also been countless allegations of police apathy and shoddy police work when dealing with Indigenous persons, something that may very well have contributed to Canada’s missing and murdered Indigenous women.
Indigenous Rights Working Group This working group will prepare comprehensive research and advocacy documents regarding Indigenous peoples’ rights to substantive equality and self-determination/jurisdiction in child welfare service provision for the Chiefs of Ontario. The working group will organize and centralize relevant case law, statistics, statutory provisions, and other resources from the perspective of constitutional law and in congruence with all other relevant fields of law including international law, human rights law, and Aboriginal law. It will provide specifically focused and targeted arguments for policy change in the short-term while maintaining a broad long-term goal and vision of self-determination, substantive equality, resurgence, and healing for Indigenous communities.
Immigration and Refugee Law Working Group This working group will monitor, comment and provide research support for some of the current cases and ongoing broader legal advocacy issues in this field, for example, on indefinite immigration detention, on remedies for breaches of Charter rights of persons held in immigration detention, on Canada’s response to the influx of refugee claimants entering irregularly into the country and will provide research support for the lawyers representing the group of public interest litigants in challenging the constitutionality of the U.S./Canada Safe Third County Agreement.
2016-2017 Working Groups
Privacy Working Group This group prepared a policy submission in response to the government’s “Our Security, Our Rights: National Security Green Paper, 2016” as part of an ongoing consultation process on Canada’s national security framework by Public Safety Canada. The submission focused on warrantless access to basic subscriber information by the government. The group worked closely with Faculty members Kent Roach and Lisa Austin.
Environmental Law Working Group Following up on the work of the Environmental law working group from 2015-2016, this group assisted UTEA (the University of Toronto Environmental Action Group) to prepare and draft the legal arguments pertaining to intergenerational youth justice and climate change that formed part of UTEA’s advocacy document, entitled Give our Children A Future: the Moral and Legal obligation of the Government of Canada to act on Climate Change.