Constitutional Law — Episodes — The Law School Show

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.

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.

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.

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.

190. Understanding Subconscious Judicial Bias (with Professor Craig Jones)

Nick Kruiper sits down with Dr. Jones to talk about his career. Along the way, they discuss advice for law students, the state of the legal profession and Dr. Jones' research on subconscious judicial bias.

188. Protecting Civil Liberties in Times of Uncertainty (with Cara Zwibel)

In this episode, host Ali Mesbahian chats with Cara Zwibel from the Canadian Civil Liberties Association (CCLA). Cara is the director of the Fundamental Freedoms Program at the CCLA and has extensive experience in constitutional law and public policy. Tune in for this timely discussion on the civil liberties implications of policies such as the new federal Online Harms proposal and vaccine passports.

179. Matter and Energy: Carbon Pricing, Federalism, and the Future (with Steven Chaplin)

Earlier this summer, Jake Clark sat down with Professor Steven Chaplin to discuss the historical context of the Reference re Greenhouse Gas Pollution Act. Covering the context behind the 405-page case requires looking into the history of Canadian federalism, charting its constitutional origins and evolution in a world of rapid technological expansion. In doing so, they discussed watertight compartments, uranium regulation, and why there will always be jobs for lawyers.

169. Safe Third Country Agreement (with Heather Neufeld)

Shortly after the Federal Court of Appeal hearing about the constitutionality of the Canada-US Safe Third Country Agreement (STCA), host Kelley Humber sat down with one of the members of the litigation team, Heather Neufeld. Heather is an immigration and refugee lawyer, and one of 9 lawyers working to overturn the STCA by advocating for refugees' constitutional rights in Canada. Heather discusses the Section 7 (life, liberty, security of the person) and Section 15 (equality) claims being made, some of the challenges of evidence gathering for a case of this nature and scale, and how COVID-19 has impacted how she litigates.

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.

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.

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.

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