Tag Archives: Charter

Deadline: Call for Papers October 15, 2014

The Asper Centre has posted this great CFP:

Call for Papers October 15, 2014

The Interplay between Sections 7 and 15 of the Charter

Faculty of Law, University of Toronto, St. George Campus – February 27, 2015

 

The David Asper Centre for Constitutional Rights invites papers for its upcoming conference examining in detail the interplay between sections 7 and 15 of the Charter.

 

The Centre invites papers that stimulate and develop an ongoing exploration of the relationship between sections 7 and 15. Issues that can be addressed include:

 

• Is equality a principle of fundamental justice under section 7?

• How have the courts treated the two separate grounds for challenging government action?

• Are their strategic advantages to pleading both grounds or only one?

• How can different cases challenging the same law proceed differently based on the ground pleaded (e.g. Bedford and Downtown Eastside Sex Workers)?

• How does the relationship between the sections play out in circumstances such as mandatory minimum sentencing, challenges to the NCR provisions, human smuggling legislation?

 

Other conference topics may include issues such the role of individual choice in respect of both equality and liberty rights; harm or dignity as central themes; socio-economic rights or the rights of the poor; and arbitrariness as an element of the analysis under each section.

 

The papers will be utilized as the central themes on various panels across the one day conference and selected conference papers will be considered for publication as part of a special issue of the National Journal of Constitutional Law. Authors of papers chosen for presentation will be notified by November 1, 2014. Final (for the conference) papers are due by February 6, 2015.

 

The David Asper Centre for Constitutional Rights is a centre within the University of Toronto, Faculty of Law devoted to advocacy, research and education in the areas of constitutional rights in Canada. For more information about the Centre go to www.aspercentre.ca.

 

For those interested in participating, please send an abstract (max: 250 words) of your intended paper with a 1-2 paragraph biography to: Cheryl Milne at cheryl.milne@utoronto.ca

 

Deadline for Submissions: October 15, 2014

 

Supreme Court of Canada finally releases Eric c Lola

Lola loses.  But looks like there will be an interesting discussion of choice, finally!

Decision here.

I’ve cut and pasted in the way the court split on the constitutional questions.

 

Held (Deschamps, Cromwell and Karakatsanis JJ. dissenting in part in the result and Abella J. dissenting in the result): The appeals of the Attorney General of Quebec and B should be allowed, and the appeal of A should be dismissed. Articles 401 to 430, 432, 433, 448 to 484 and 585 of the Civil Code of Québec are constitutional.

The constitutional questions should be answered as follows:

1. Do arts. 401 to 430, 432, 433, 448 to 484 and 585 of the Civil Code of Québec, S.Q. 1991, c. 64, infringe s. 15(1) of the Canadian Charter of Rights and Freedoms?

Answers: McLachlin C.J. and Deschamps, Abella, Cromwell and Karakatsanis JJ. would answer yes. LeBel, Fish, Rothstein and Moldaver JJ. would answer no.

2. If so, is the infringement a reasonable limit prescribed by law that can be demonstrably justified in a free and democratic society under s. 1 of the Canadian Charter of Rights and Freedoms?

Answers: LeBel, Fish, Rothstein and Moldaver JJ. would answer that it is not necessary to answer this question. McLachlin C.J. would answer yes. Deschamps, Cromwell and Karakatsanis JJ. would answer that only art. 585 is not justified under s. 1. Abella J. would answer no.

 

Metro Toronto Chinese & Southeast Asian Legal Clinic (MTCSALC) is turning 25!

Championing Equality – Progress or Peril?

Celebrating 25 Years of the Metro Toronto Chinese & Southeast Asian Legal Clinic

Date: October 15, 2012

Time: 4:00 p.m. to 6:00 p.m. (Donald Lamont Learning Centre) 6:00 p.m. to 8:00 p.m. (Reception – Convocation Hall)

Place: The Law Society of Upper Canada, 130 Queen St. West, Toronto (Enter at eastside doors facing Toronto City Hall.)

The Metro Toronto Chinese & Southeast Asian Legal Clinic (MTCSALC) is turning 25! To mark this special occasion and to celebrate the 30th anniversary of the Canadian Charter of Rights and Freedoms, MTCSALC will be hosting a conference to examine the past, present and future role of the Charter in advancing equality in Canada.

Speakers:

The Honourable R. Roy McMurtry, former Chief Justice and Attorney General of Ontario

Susan Eng, Vice President for Advocacy, CARP

David Lepofsky, Chair, Accessibility for Ontarians with Disabilities Act Alliance

Grace Edward Galabuzi, Associate Professor of Politics and Public Administration, Ryerson University

Avvy Go, Clinic Director, Metro Toronto Chinese & Southeast Asian Legal Clinic

May Lui, Executive Director, Chinese Canadian National Council Toronto Chapter

Moderator: Carol Goar, Toronto Star Editorial Columnist

 

The conference will be followed by a reception at Convocation Hall with remarks from: The Honourable John Gerretsen, Attorney General of Ontario, Thomas G. Conway, Treasurer of the Law Society of Upper Canada, Gary Yee, Chair of the Licence Appeal Tribunal and Ivana Petricone, Treasurer of the Association of Community Legal Clinics of Ontario.

This program is offered FREE OF CHARGE. Registration is required to attend.

Register by October 12, 2012 by sending an email to equityevents@lsuc.on.ca

Register by phone: 416-947-3413 or 1-800-668-7380, ext 3413

Members of the legal profession and the public are invited to attend and celebrate this special occasion.

PDF to print or share here.

Kerri Froc awarded Trudeau & Vanier awards for Doctoral studies

[via Queen’s Law] PhD research on Charter rights of women wins student major Trudeau and Vanier awards.

During the winter semester, Froc will once again teach Equality Rights and the Charter at Queen’s Law. She is also a part-time staff lawyer with the Canadian Bar Association, working on equality initiatives.

An eloquent advocate for women’s rights, Froc contends those rights have languished despite the Charter’s general equality clause, s. 15. “It really has been a disappointment for women,” she says. “For example, there hasn’t been a successful sex equality case brought by a woman at the Supreme Court of Canada.”

Here’s Kerri’s page at the Trudeau Foundation, for more information about her and her work.

 

h/t C Sewrattan

Koshan on the repeal of the long gun registry at Women's Court of Canada blog

I  had a tech fail which dropped this blog from my regular rounds, so i’m a bit late on the draw (ha!) on this one.  If you aren’t following the women’s court of canada, you probably should be.  A great blog on a wide variety of topics.  Posts once or twice a month, sometimes more.

I briefly mentioned this repeal project in the IFLS December 6th post, but Jennifer Koshan does a thorough job exploring Charter arguments against repeal in her post The Repeal of the Long Gun Registry: A Violation of the Federal Government’s Obligations Concerning Violence Against Women?

Assuming evidence of the efficacy of the registry in reducing gun-related violence could be amassed, Charter arguments might be made under both sections 7 and 15. These arguments would be to the effect that the repeal of the firearms registry is an arbitrary violation of the right to life and security of the person contrary to the principles of fundamental justice under section 7, and that the maintenance of the registry is required in order to combat violence against women, an aspect of women’s equality under section 15 of the Charter.  The difficulty under both sections would be that arguments that the government has a positive obligation to enact or maintain legislation have not been well received by the courts