Charter: A Course - A podcast about Canadian Constitutional Law & Litigation

About Charter: A Course - A podcast about Canadian Constitutional Law & Litigation

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.

Publisher

David Asper Center for Constitutional Rights

Category

education

Language

en

Explicit

No

First episode

27 Sept 2021

Latest episode

17 Jan 2025

Latest episodes

25 episodes in the feed.

1. 

   17 Jan 2025

   Season 4, Episode 7: Section 25 of the Charter and Dickson v Vuntut Gwitchin FN

   Charter: A Course A podcast about Canadian Constitutional Law & Litigation Season 4, Episode 7: Section 25 of the Charter and Dickson v Vuntut Gwitchin FN This episode marks the second of a two-part series on Indigenous self-determination and its intersections with the Constitution and the Canadian Charter of Rights and Freedoms. This episode focuses on Section 25 of the Charter of Rights and Freedoms and the recent Supreme Court of Canada decision in Dickson v Vuntut Gwitchin First Nation. Section 25 guarantees that certain rights and freedoms in the Charter “shall not be construed so as to abrogate or derogate from any aboriginal, treaty or other rights or freedoms that pertain to the aboriginal peoples of Canada including: a) any rights or freedoms that have been recognized by the Royal Proclamation of October 7, 1763; and b) any rights or freedoms that now exist by way of land claim agreements or may be so acquired.” In the first part of the episode, Cheryl speaks with Professor Kerry Wilkins to discuss the meaning of Section 25 of the Charter, its history, its recent application, and its intersection with the implementation of UNDRIP, the UN Declaration on the Rights of Indigenous Peoples in Canada. In the Practice Corner, Cheryl speaks with Indigenous rights lawyer Kris Statnyk, a citizen of the Vuntut Gwitchin FN about his legal practice and his experience representing the Vuntut Gwitchin FN in the Dickson appeal. Find a FULL transcript of this episode HERE. Case Links and other Resources In this episode, the following cases, Declaration, book and paper were discussed/mentioned: Dickson v. Vuntut Gwitchin First Nation, 2024 SCC 10 Kahkewistahaw First Nation v. Taypotat, 2015 SCC 30, [2015] 2 S.C.R. 548 Eldridge v. British Columbia (Attorney General), [1997] 3 S.C.R. 624 United Nations Declaration on the Rights of Indigenous Peoples Indigenous Difference and the Constitution of Canada by Patrick Macklem (2001, U of T Press)Reference re An Act respecting First Nations, Inuit and Métis children, youth and families, 2024 SCC 5 Naiomi Metallic, "Checking our Attachment to the Charter and Respecting Indigenous Legal Orders: A Framework for Charter Application to Indigenous Governments" (2022) 31:2 Constitutional Forum constitutionnel 3 Truth and Reconciliation Commission of Canada: Calls to Action 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. Thank You’s Thank you to our wonderful guests on this episode, Prof Kerry Wilkins and Kris Statnyk! Thank you to University of Toronto Faculty of Law JD students Joshua Schwartz, Meg Zhang and Emma Blanchfield, who greatly assisted with the development and production of this episode. Thank you also to Flint Patterson, former Asper Centre podcast producer and JD at the University of Toronto Faculty of Law for initially proposing this episode topic (we just had to wait until the SCC issued its decision). Thank you, as always, to our excellent 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

2. 

   10 Jan 2025

   Season 4, Episode 6: Section 35 of the Constitution and Bill C-92 Reference

   Charter: A Course A podcast about Canadian Constitutional Law & Litigation Season 4, Episode 6: Section 35 of the Constitution and Bill C-92 Reference This episode marks the first of a two-part series on Indigenous self-determination and its intersections with the Constitution and the Canadian Charter of Rights and Freedoms. This particular episode focuses on Section 35 of the Constitution Act, 1982, and what the recent Supreme Court Reference on Bill C-92, An Act respecting the First Nations, Inuit, and Métis Children, Youth, and Families means for Indigenous self-government and control over child welfare in Canada. In the first part of the episode, Cheryl speaks with Professor John Borrows, the Loveland Chair in Indigenous Law at the University of Toronto Faculty of Law on Section 35, the Bill C-92 Reference and recent advancements on Indigenous self-government. In the Practice Corner, Cheryl chats with lawyer Jessica Orkin, of Goldblatt Partners LLP, on the practical realities of putting forth a claim under Section 35. Find a FULL transcript of this episode HERE. Case Links and other Resources In this episode, the following cases, Acts and report were discussed: Delgamuukw v. British Columbia, [1997] 3 S.C.R. 1010 Tsilhqot’in Nation v. British Columbia, 2014 SCC 44, [2014] 2 S.C.R. 256 R v . Pamajewon, [1996] 2 S.C.R. 821 Reference re Secession of Quebec, [1998] 2 S.C.R. 217 United Nations Declaration on the Rights of Indigenous Peoples Reference re An Act respecting First Nations, Inuit and Métis children, youth and families, 2024 SCC 5 An Act respecting First Nations, Inuit and Métis children, youth and families S.C. 2019, c.24 Truth and Reconciliation Commission of Canada: Calls to Action 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. Thank You’s Thank you to our wonderful guests on this episode, Prof John Borrows and Jessica Orkin! Thank you to University of Toronto Faculty of Law JD students Joshua Schwartz, Meg Zhang and Emma Blanchfield, who greatly assisted 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.

3. 

   18 Nov 2024

   S4E5: Section 32(1) of the Charter: Application to Quasi-Government Bodies

   Charter: A Course A podcast about Canadian Constitutional Law & Litigation Season 4, Episode 5: Section 32(1) of the Charter: Application to Quasi-Government Bodies 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 32(1) of the Canadian Charter of Rights and Freedoms, which says that the Charter applies to the Parliament and government of Canada in respect of all matters within the authority of Parliament and to the legislature and government of each province in respect of all matters within the authority of the legislature of each province.  With the help of our guest, Susan Ursel, who was the Asper Centre's Constitutional Litigator in Residence in 2018, we explore the Supreme Court’s approach to when and how the Charter applies to quasi-government bodies, such as school boards, universities, colleges and hospitals. And we discuss Susan’s experience representing the Asper Centre in its intervention in the York Region District School Board case. In the Practice Corner, Cheryl speaks with research lawyer Jennifer Taylor, who was a co-author of “Strengthening the Pillars: Report of the TMU External Review,” about the application of the Charter to university settings, looking at the values these institutions uphold, such as freedom of expression and academic freedom, which are similar to the Charter rights of freedom of expression and conscience. Find a FULL transcript of this episode HERE. Case Links and other Resources In this episode, the following cases and report were discussed: McKinney v. University of Guelph, [1990] 3 S.C.R. 229 Douglas/Kwantlen Faculty Assn. v. Douglas College, [1990] 3 S.C.R. 570 University of Toronto (Governing Council) v. Doe et al. 2024 ONSC 3755 York Region District School Board v. Elementary Teachers’ Federation of Ontario, 2024 SCC 22 Doré v. Barreau du Québec, 2012 SCC 12, [2012] 1 S.C.R. 395 Eldridge v. British Columbia (Attorney General), [1997] 3 S.C.R. 624 Stoffman v. Vancouver General Hospital, [1990] 3 S.C.R. 483 Law Society of British Columbia v. Trinity Western University, 2018 SCC 32, [2018] 2 S.C.R. 293 Strengthening the Pillars: Report of the TMU External Review Thank You’s Thank you to our wonderful guests on this episode, Susan Ursel and Jennifer Taylor! Thank you to University of Toronto Faculty of Law JD student Leon Xu, 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.

Reach and audience

Public platform figures. Ratings count people who left a rating, not total listeners.

Apple Podcasts (US)

5.0 / 5

1 ratings

Spotify

5.0 / 5

5 ratings

Podcast Authority Score: 14 / 100

A composite of feed quality, social presence, YouTube performance and engagement. Read the methodology.

Quality

15

Social presence

0

YouTube

0

Engagement

32

Shows with a similar audience

• 

  Front Burner

• 

  The Bridge with Peter Mansbridge

• 

  The Herle Burly

• 

  Curse of Politics: The Herle Burly Political Panel

• 

  The Jon Stewart Podcast

• 

  The Diary Of A CEO with Steven Bartlett