Posts in Supreme Court
215. Sullivan, Chan, and Brown: Striking Down Section 33.1 of the Criminal Code and What Comes Next

Hosts Hailey Berge and Kelley Humber are joined by uOttawa Law Professor, Carissima Mathen, to discuss the implications of the recent May 13, 2022 Supreme Court of Canada decisions which struck down section 33.1 of the Criminal Code, declaring it to be unconstitutional. As Professor Mathen explains, even though Parliament had good intention to protect victims of crime with this provision, it ultimately resulted in violations of section 7 and 11(d) of the Charter of Rights and Freedoms that could not be justified. Even so, this unanimous 9-0 ruling resulted in a lot of public scrutiny and has left many of us wondering what it means and how the public will be affected.

Read More
211. Justice: The Honourable Marshall Rothstein on His Journey from the Dining Car to the Supreme Court of Canada

Join Amos Vang on this special episode as he interviews The Honourable Marshall Rothstein, former Puisne Justice of the Supreme Court of Canada! Justice Rothstein reminisces about his journey from working extremely long hours as a waiter and a pantryman on a dining car, to law school, to his early legal practice, and to his experiences as a Supreme Court justice. Justice Rothstein also discusses the importance of civility and the art of civil disagreement, which are important skills in judging, in the legal practice, and in daily life.

Read More
203. Constitutional Principles and the Toronto (City Council) v Ontario Decision (with Professor Leonid Sirota)

Our host William Lundy is joined by Professor Leonid Sirota who is an Associate Professor of Law at Reading University in the UK. In this episode, Professor Sirota discusses the Supreme Court of Canada's 2014 Senate Reference decision, which he argues effectively incorporated certain constitutional conventions into constitutional law.

Read More
201. The Senate, the Supreme Court, and the Meaning of ”Constitutional Architecture” (with Professor Leonid Sirota)

Our host William Lundy is joined by Professor Leonid Sirota who is an Associate Professor of Law at Reading University in the UK. In this episode, Professor Sirota discusses the Supreme Court of Canada's 2014 Senate Reference decision, which he argues effectively incorporated certain constitutional conventions into constitutional law.

Read More
163. The Constitutional Legend: A Conversation with Dr. Joseph Eliot Magnet on the Evolution of Canada's Constitution, the Constitutional Lawyer, and the Human Aspects of the Legal Practice

Join Amos Vang as he interviews Professor Joseph Magnet on his career and the evolution of Canada’s constitutionalism. From clerking at the Supreme Court of Canada under Chief Justice Brian Dickson to becoming the lead counsel of over 200 constitutional cases at the Supreme Court of Canada and other appeal courts, Professor Magnet has become one of the most important contributors to Canada’s constitutional evolution.

Read More
154. Race and Detention in R v Le (with Omar Ha-Redeye)

R v Le was a crucial development in the analysis of detention under the Canadian Charter of Rights and Freedoms. In R v Le, the Supreme Court of Canada incorporated the experience of racialized persons in interactions with law enforcement into the analysis of psychological detention. In this episode, Omar Ha-Redeye discusses the ways that R v Le responded to trends in Canadian and global understandings of racial discrimination, and offers listeners a look forward into the future of the intersection of race and policing in Canada.

Read More
143. Douez v Facebook: What Are We Consenting To? (with Prof. Angela Swan)

The advent of big-tech corporations and mass-produced “Terms of Service” agreements raises important, but disturbing, questions about the notion of meaningful consent in contractual relationships, particularly when it comes to privacy rights and arbitration agreements. Prof. Angela Swan of Osgoode Hall Law School speaks with Ali Mesbahian about the Supreme Court's decision in Douez v Facebook and how the SCC handled the case of a BC resident who challenged the social media giant.

Read More
140. Carbon Pricing at the SCC: Where We Are and Where We May Go (with Prof. Nathalie Chalifour and Prof. Jeremy de Beer)

In the wake of three provincial challenges to Canada’s federal carbon pricing law, the Supreme Court is currently deliberating the legal future of Canada’s emissions targets. Both Prof. Nathalie Chalifour and Prof. Jeremy de Beer intervened before the Court. Host Jake Clark sat down with the two sustainability law experts last autumn, shortly after the case was heard, to discuss the case and what it means for Canada’s domestic and international legal obligations.

Read More
EP 127 – Real Prospect, Real Problem: Unpacking the Impacts of Uber v Heller (with Prof. Anthony Daimsis)

This week, Prof. Anthony Daimsis joins the show to discuss the recent SCC decision in Uber v Heller, 2020 SCC 16. In this in-depth discussion, recorded only a few days after the Supreme Court released their decision, Prof. Daimsis talks about the case and its potential impacts on international commercial arbitration. New to ICA? No worries. Listen now to learn more — including an “alternative” path to a just outcome which abides by established ICA rules.

Read More