Posts tagged Supreme Court of Canada
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.

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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.

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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.

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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.

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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.

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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.

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