Charter: A Course - A podcast about Canadian Constitutional Law & Litigation David Asper Center for Constitutional Rights

About the Series 
Charter: A Course is a podcast created by the David Asper Centre for Constitutional Rights (the Asper Centre) and hosted by the Asper Centre’s Executive Director Cheryl Milne. 
Charter: A Course focuses on leading Canadian constitutional cases and current constitutional law issues, highlighting strategic aspects of constitutional litigation and exploring what it’s like to practice in this area of law in our Practice Corner segment. 
Whether you are a law student, a lawyer, or just an interested person, we hope that you learn about an aspect of constitutional law and litigation that interests you in our podcast. 
Show Notes 
This final episode of Season 3 is a special episode, which departs from our usual style and focus in each regular episode on a different Canadian Constitutional law issue or Charter right. 
The Asper Centre recently marked its 15th anniversary and to celebrate, we convened a live recording of this podcast, with the “tables turned” to start, and with several special guests. 
In the first half of the episode, U of T Law’s Dean Jutta Brunnée interviews our podcast host and Asper Centre Executive Director, Cheryl Milne. And, in the second half of the podcast, the Asper Centre’s current Constitutional Litigator in Residence, Ewa Krajewska interviews the following Asper Centre alumni, who discuss their experiences with the Asper Centre and their current legal practices: Neil Abraham (JD 2016), Geetha Phillipupulai (JD 2017), Keely Kinley (JD 2021), and Ryan Deshpande (JD 2021), who is counsel in the Litigation, Extradition, and Advisory Division at the Toronto office of the Department of Justice Canada. 
Listen to this episode to learn more about the breadth of work that the Asper Centre has undertaken over the past 15 years and its vision for the future. 
Find a FULL transcript of this episode HERE. 
Case Links and other Resources 
In this episode, the following cases in which the Asper Centre has intervened and Annual Report were discussed: 
Asper Centre 2022-2023 ANNUAL REPORT 
R. v. Conway, 2010 SCC 22, [2010] 1 S.C.R. 765
Canada (Attorney General) v. Bedford, 2013 SCC 72, [2013] 3 S.C.R. 1101 
Carter v. Canada (Attorney General), 2015 SCC 5, [2015] 1 S.C.R. 331 
Ontario (Attorney General) v. G, 2020 SCC 38, [2020] 3 S.C.R. 629 
Canadian Council for Refugees v. Canada (Citizenship and Immigration), 2023 SCC 17 
R. v. McGregor, 2023 SCC 4 
R. v. Hape, [2007] 2 S.C.R. 292, 2007 SCC 26 
Mathur v Ontario 
Attorney General of Canada v. Joseph Power 
Her Majesty the Queen v Kevin Morris 
About the Asper Centre 
The Asper Centre, a part of the University of Toronto’s Faculty of Law since 2008, is devoted to realizing constitutional rights through advocacy, research and education. The Centre aims to play a vital role in articulating Canada’s constitutional vision to the broader world. The cornerstone of the Centre is a legal clinic that brings together students, faculty and members of the bar to work on significant constitutional cases and advocacy initiatives. The Centre was established through a generous gift from U of T law alumnus David Asper (LLM ’07). 
Thank You’s 
Thank you to our wonderful guests and special “guest-hosts” on this episode: Dean Jutta Brunée, Ewa Krajewska, Neil Abraham, Geetha Phillipupulai, Keely Kinley and Ryan Deshpande. 
Thank you for the audio recording services of U of T’s Media Production Services. And, thank you to our wonderful audio editor Liam Morrison of Bell Room Media Solutions. 
Thank you to the creators of our theme music, Charter: A Course! During the pre-production of our first season of the podcast in 2021, Constitutional law professor Howie Kislowicz and law professor Rob Currie gave us the licence to use their constitutional law shanty in exchange for a donation to the Calgary Food Bank. The song’s performers are Vanessa Carroll, Rob Currie, Howie Kislowicz, Avinash Kowshik, Anna Lund, Patricia P

About the Series  
Charter: A Course is a podcast created by the David Asper Centre for Constitutional Rights (the Asper Centre) and hosted by the Asper Centre’s Executive Director Cheryl Milne. 
Charter: A Course focuses on leading Canadian constitutional cases and current constitutional law issues, highlighting strategic aspects of constitutional litigation and exploring what it’s like to practice in this area of law in our Practice Corner segment.   
Whether you are a law student, a lawyer, or just an interested person, we hope that you learn about an aspect of constitutional law and litigation that interests you in our podcast. 
Show Notes  
This episode focuses on mobility rights in Canada. Mobility rights are enshrined in section 6 of the Charter of Rights and Freedoms and include the right to individual mobility, as well as the right to economic mobility, such as the right to pursue a livelihood in any province. 
This episode will focus on individual mobility and the fundamental rights to enter, remain, move throughout, and leave Canada. 
To help us unpack the meaning and extent of mobility rights under the Charter, we are joined by our guests Barbara Jackman and Paul Champ in the “Practice Corner.” 
Find a FULL transcript of this episode HERE.
Case Links and other Resources
In this episode, the following cases, factum and paper were discussed:
Kamel v Canada (Attorney General) et al.. (2013) 448 N.R. 217 (FCA) (link to Supreme Court docket for leave to appeal, but Court denied leave)
Abdelrazik v. Canada (Minister of Foreign Affairs) (F.C.)
United States of America v. Cotroni [1989] 1 SCR 1469
Divito v. Canada (Public Safety and Emergency Preparedness) 2013 SCC 47
Canada v. Boloh 1(A), 2023 FCA 60 (CanLII)
Taylor v. Newfoundland and Labrador, 2020 NLSC 125 (CanLII)
About the Asper Centre  
The Asper Centre, a part of the University of Toronto’s Faculty of Law since 2008, is devoted to realizing constitutional rights through advocacy, research and education. The Centre aims to play a vital role in articulating Canada’s constitutional vision to the broader world. The cornerstone of the Centre is a legal clinic that brings together students, faculty and members of the bar to work on significant constitutional cases and advocacy initiatives. The Centre was established through a generous gift from U of T law alumnus David Asper (LLM ’07).  
Thank You’s 
Thank you to our wonderful guests on this episode, Barbara Jackman and Paul Champ!
Thank you to University of Toronto Faculty of Law JD student Daniel Kiesman, who helped with the production of this episode. 
Thank you to our audio editor Liam Morrison of Bell Room Media Solutions.  
Thank you to the creators of our theme music, Charter: A Course! Constitutional law professor Howie Kislowicz and law professor Rob Currie gave us the licence to use their constitutional law shanty in exchange for a donation to the Calgary Food Bank. The song’s performers are Vanessa Carroll, Rob Currie, Howie Kislowicz, Avinash Kowshik, Anna Lund, Patricia Paradis, Elin Sigurdson, Lyle Skinner, and Dave Wright. You can listen to the entire shanty here: Charter a Course.  Please consider contributing to your local food bank.  
Thank you to our dedicated listeners!

About the Series  
Charter: A Course is a podcast created by the David Asper Centre for Constitutional Rights (the Asper Centre) and hosted by the Asper Centre’s Executive Director Cheryl Milne.  
Charter: A Course focuses on leading Canadian constitutional cases and current constitutional law issues, highlighting strategic aspects of constitutional litigation and exploring what it’s like to practice in this area of law in our Practice Corner segment.   
Whether you are a law student, a lawyer, or just an interested person, we hope that you learn about an aspect of constitutional law and litigation that interests you in our podcast. 
Show Notes  
This episode focuses on Charter values, which in recent years have gained some traction in Canadian law. With the help of our guest, Prof Richard Stacey, we examine how courts have sought to define Charter values and in what judicial context they arise. We explore when courts are obligated to consider these values and consider the challenges associated with doing so. 
In this episode’s Practice Corner, we speak with lawyer Matthew Horner, on his experiences of practicing in the area of administrative law, where Charter values sometimes find their home.
Find a FULL transcript of this episode HERE.
Case Links and other Resources
In this episode, the following cases, factum and paper were discussed:
R v. Oakes, [1986] 1 S.C.R. 103
Reference re Secession of Quebec, [1998] 2 S.C.R. 217
Toronto (City) v. Ontario (Attorney General), 2021 SCC 34
Doré v. Barreau du Québec, 2012 SCC 12, [2012] 1 S.C.R. 395
Loyola High School v. Quebec (Attorney General), 2015 SCC 12, [2015] 1 S.C.R. 613
Law Society of British Columbia v. Trinity Western University, 2018 SCC 32, [2018] 2 S.C.R. 293
Carter v. Canada (Attorney General), 2015 SCC 5, [2015] 1 S.C.R. 331
R. v .Keegstra, [1990] 3 S.C.R. 697
RJR-MacDonald Inc. v. Canada (Attorney General) [1995] 3 S.C.R.
York Region District School Board v. Elementary Teachers' Federation of Ontario
Asper Centre’s Intervening Factum 
Canada (Minister of Citizenship and Immigration) v. Vavilov, 2019 SCC 65, [2019] 4 S.C.R. 653
Dunsmuir v. New Brunswick, [2008] 1 S.C.R. 190, 2008 SCC 9
Taylor-Baptiste v. Ontario Public Service Employees Union, 2013 Carswell Ont 1033, 2013 HRTO 180, 2013 C.L.L.C. 230-019 (CanLII)
Ontario Teacher Candidates’ Council v. The Queen, 2021 ONSC 7386 (CanLII)
Horner, Matthew. "Charter Values: The Uncanny Valley of Canadian Constitutionalism." The Supreme Court Law Review: Osgoode’s Annual Constitutional Cases Conference 67. (2014). DOI: https://doi.org/10.60082/2563-8505.1293
About the Asper Centre  
The Asper Centre, a part of the University of Toronto’s Faculty of Law since 2008, is devoted to realizing constitutional rights through advocacy, research and education. The Centre aims to play a vital role in articulating Canada’s constitutional vision to the broader world. The cornerstone of the Centre is a legal clinic that brings together students, faculty and members of the bar to work on significant constitutional cases and advocacy initiatives. The Centre was established through a generous gift from U of T law alumnus David Asper (LLM ’07).  
Thank You’s 
Thank you to our wonderful guests on this episode, Professor Richard Stacey and Matthew Horner!
Thank you to University of Toronto Faculty of Law JD student Gabrielle Dunning, who helped with the production of this episode. 
Thank you to our audio editor Liam Morrison of Bell Room Media Solutions.  
Thank you to the creators of our theme music, Charter: A Course! Constitutional law professor Howie Kislowicz and law professor Rob Currie gave us the licence to use their constitutional law shanty in exchange for a donation to the Calgary Food Bank. The song’s performers are Vanessa Carroll, Rob Currie, Howie Kislowicz, Avinash Kowshik, Anna Lund, Patricia Paradis, Elin Sigurdson, Lyle Skinner, and Dave Wr

About the Series   
Charter: A Course is a podcast created by the David Asper Centre for Constitutional Rights (the Asper Centre) and hosted by the Asper Centre’s Executive Director Cheryl Milne.   
 Charter: A Course focuses on leading Canadian constitutional cases and current constitutional law issues, highlighting strategic aspects of constitutional litigation and exploring what it’s like to practice in this area of law in our Practice Corner segment.    
Whether you are a law student, a lawyer, or just an interested person, we hope that you learn about an aspect of constitutional law and litigation that interests you in our podcast.  
Show Notes   
With the help of Professor François Larocque, in this episode we explore how the Charter interacts with and protects minority language rights. 
Sections 16 to 22 of the Charter provide that the settler languages of English and French are the official languages of Canada. They also explain how various public institutions are required to communicate with Canadians in the official language of their choice. Section 23 of the Charter provides that Canadian citizens and their children have the right to be educated in either English or French. In addition, sections 2(b) and 15 of the Charter may also protect language rights more broadly by guaranteeing freedom of expression and equality.  
In this episode’s Practice Corner, we speak with lawyer Aria Laskin, who provides an overview of how Indigenous minority languages interact with the Charter and Section 35 of our Constitution. 
Find a FULL transcript of this episode HERE. 
Case Links and other Resources 
In this episode, the following cases and laws were discussed: 
Société des Acadiens v. Association of Parents, [1986] 1 S.C.R. 549
Conseil Scolaire francophone de la Colombie-Britannique v. British Columbia, 2020 SCC 13, [2020] 1 S.C.R. 678
Mahe v. Alberta, [1990] 1 S.C.R. 342
Doucet-Boudreau v. Nova Scotia (Minister of Education), [2003] 3 S.C.R. 3, 2003 SCC 62
Arsenault-Cameron v. Prince Edward Island, [2000] 1 S.C.R. 3
Newfoundland (Treasury Board) v. N.A.P.E., [2004] 3 S.C.R. 381, 2004 SCC 66
Bill C-13: An Act to amend the Official Languages Act, to enact the Use of French in Federally Regulated Private Businesses Act and to make related amendments to other Acts
Lalonde v. Health Restructuring (2001), 153 O.A.C. 1 (CA) (the “Montfort Hospital case”)
Mazraani v. Industrial Alliance Insurance and Financial Services Inc., 2018 SCC 50, [2018] 3 S.C.R. 261
Indigenous Languages Act S.C. 2019, c. 23
The Nunavut Agreement
Nunavut Tungavik, Inc., v. the Commissioner of Nunavut >> Read the public notice of this case here: https://www.tunngavik.com/news/nti-files-lawsuit-against-gn-for-violating-equality-rights-of-inuit-children-and-youth/
Eldridge v. British Columbia (Attorney General), [1997] 3 S.C.R. 624
About the Asper Centre   
The Asper Centre, a part of the University of Toronto’s Faculty of Law since 2008, is devoted to realizing constitutional rights through advocacy, research and education. The Centre aims to play a vital role in articulating Canada’s constitutional vision to the broader world. The cornerstone of the Centre is a legal clinic that brings together students, faculty and members of the bar to work on significant constitutional cases and advocacy initiatives. The Centre was established through a generous gift from U of T law alumnus David Asper (LLM ’07).     
Thank You’s  
Thank you to our wonderful guests on this episode, Professor Francois Larocque and Ara Laskin! 
Thank you to University of Toronto Faculty of Law JD student Emma Davies who helped with the production of this episode.  
Thank you to our audio editor Liam Morrison of Bell Room Media Solutions.   
Thank you to the creators of our podcast's theme music, Charter: A Course! Constitutional law professor Howie Kislowicz and law professor R

About the Series  
Charter: A Course is a podcast created by the David Asper Centre for Constitutional Rights (the Asper Centre) and hosted by the Asper Centre’s Executive Director Cheryl Milne.  
Charter: A Course focuses on leading Canadian constitutional cases and current constitutional law issues, highlighting strategic aspects of constitutional litigation and exploring what it’s like to practice in this area of law in our Practice Corner segment.   
Whether you are a law student, a lawyer, or just an interested person, we hope that you learn about an aspect of constitutional law and litigation that interests you in our podcast. 
Show Notes  
This episode focuses on section 11(e) of the Canadian Charter of Rights and Freedoms, which provides that “any person charged with an offence has the right…not to be denied reasonable bail without just cause.” 
With the help of our guests Professor Danardo Jones and Professor Jillian Rogin, in this episode, we discuss what bail is, exploring the idea of the ladder principle as discussed by the Supreme Court in the case of R v Antic, and the government’s legislative response to that case. We also discuss the current political discourse surrounding bail reform, and whether the federal Liberal government’s new bail reform legislation, Bill C-48, is compliant with the Charter.  Professor Jones and Rogin of the University of Windsor Faculty of Law have both been actively involved in political and academic discourse surrounding bail in Canada, having recently appeared before the House of Commons Justice Committee to discuss the state of Canada’s bail system.
In this episode’s Practice Corner, we speak with lawyer Teodora Pasca who will take us through what it’s like in Bail Court and what happens in a typical bail hearing. 
Find a FULL transcript of this episode HERE.
Case Links and other Resources
In this episode, the following cases, bills, and report were discussed:
 R. v. Antic, 2017 SCC 27 (CanLII), [2017] 1 SCR 509
Canadian Civil Liberties Association 2014 report “Set Up to Fail: Bail and the Revolving Door of Pre-trial Detention.” 
Bill-75, An Act to amend the Criminal Code…
Bill C-48, An Act of Amend the Criminal Code (Bail Reform)
R. v. Morales, 1992 CanLII 53 (SCC), [1992] 3 SCR 711
R. v. Pearson, 1992 CanLII 52 (SCC), [1992] 3 SCR 665
About the Asper Centre  
The Asper Centre, a part of the University of Toronto’s Faculty of Law since 2008, is devoted to realizing constitutional rights through advocacy, research and education. The Centre aims to play a vital role in articulating Canada’s constitutional vision to the broader world. The cornerstone of the Centre is a legal clinic that brings together students, faculty and members of the bar to work on significant constitutional cases and advocacy initiatives. The Centre was established through a generous gift from U of T law alumnus David Asper (LLM ’07).  
Thank You’s 
Thank you to our wonderful guests on this episode, Danardo Jones, Jilian Rogin and Teodora Pasca!
Thank you to University of Toronto Faculty of Law JD student Emily Chu, who helped with the production of this episode. 
Thank you to our audio editor Liam Morrison of Bell Room Media Solutions.  
Thank you to the creators of our theme music, Charter: A Course! Constitutional law professor Howie Kislowicz and law professor Rob Currie gave us the licence to use their constitutional law shanty in exchange for a donation to the Calgary Food Bank. The song’s performers are Vanessa Carroll, Rob Currie, Howie Kislowicz, Avinash Kowshik, Anna Lund, Patricia Paradis, Elin Sigurdson, Lyle Skinner, and Dave Wright. You can listen to the entire shanty here: Charter a Course.  Please consider contributing to your local food bank.  
Thank you to our dedicated listeners!

About the Series 
Charter: A Course is a podcast created by the David Asper Centre for Constitutional Rights (the Asper Centre) and hosted by the Asper Centre’s Executive Director Cheryl Milne.  
Charter: A Course focuses on Canadian constitutional law and litigation. In each episode, we highlight the accomplishments of U of T Law’s faculty and alumni involved in leading constitutional cases and issues. Each episode also includes a “Practice Corner,” where we talk about the ins and outs of what it means to be a constitutional litigator.   
Whether you are a law student, a lawyer, or just an interested person, we hope that you learn about an aspect of constitutional law and litigation that interests you in our podcast. 
 
Show Notes  
With the help of our distinguished guest, Professor Michael Pal, we discuss the history of the right to vote in Canada. Looking at the jurisprudence on how certain groups gained the right to vote over time, we consider how democracy has evolved in our country, and the role courts must play in protecting this fundamental freedom. 
In the episode’s Practice Corner, we speak with Diego Christiansen-Barker, Khadijat Dairo and Katie Yu, 3 of the youth litigants who are involved in a court challenge to help young people in Canada gain the right to vote.
Find a Full transcript of this episode HERE.
 
Case Links 
In this episode, the following cases and statutes were discussed: 
B.C. Freedom of Information and Privacy Association v. British Columbia (Attorney General), 2017 SCC 6
Fitzgerald v. Alta., 2004 ABCA 184
Frank v. Canada (Attorney General), 2019 SCC 1
Reference re Secession of Quebec, [1998] 2 SCR 217
Sauvé v. Canada (Chief Electoral Officer), 2002 SCC 68
Toronto (City) v. Ontario (Attorney General), 2021 SCC 34
Reference re Prov. Electoral Boundaries (Sask.), [1991] 2 SCR 158
Organizations:
Justice for Children and Youth 
 
About the Asper Centre 
The Asper Centre, a part of the University of Toronto’s Faculty of Law since 2008, is devoted to realizing constitutional rights through advocacy, research and education. The Centre aims to play a vital role in articulating Canada’s constitutional vision to the broader world. The cornerstone of the Centre is a legal clinic that brings together students, faculty and members of the bar to work on significant constitutional cases and advocacy initiatives. The Centre was established through a generous gift from U of T law alumnus David Asper (LLM ’07).  
 
Thank You’s 
Charter: A Course is proudly sponsored by the University of Toronto’s affinity partner TD Insurance. We would like to thank our sponsor, and you can discover the benefits of affinity products at bit.ly/affinity-offers  
 
We would like to thank the creators of our theme music for Charter: A Course. Constitutional law professor Howie Kislowicz and law professor Rob Currie gave us the licence to use their constitutional law shanty in exchange for a donation to the Calgary Food Bank. The song’s performers are: Vanessa Carroll, Rob Currie, Howie Kislowicz, Avinash Kowshik, Anna Lund, Patricia Paradis, Elin Sigurdson, Lyle Skinner, and Dave Wright. You can listen to the entire shanty here: Charter a Course.  Please consider contributing to your local food bank!  
 
Thank you to Kathryn Mullins and Marisa Benjamin, JD students at the University of Toronto Faculty of Law, for their contributions to the production of this episode.  
 
Thank you to our wonderful guests on this episode, Michael Pal, Diego Christiansen-Barker, Khadijat Dairo and Katie Yu!
 
Thank you to our audio editor Liam Morrison of Bell Room Media Solutions.