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Special Lectures 2017

Canada at 150: The Charter and the Constitution

Overview

The Law Society offered the first Special Lectures in 1943 as a legal refresher course for lawyers returning from military service in the Second World War. The Special Lectures have since become a regular highlight in the Law Society’s Continuing Professional Development calendar.

These Special Lectures, Canada at 150: The Charter and the Constitution, mark a return to a discussion of our Constitution, which is particularly apt in this anniversary year. Constitutional law was the subject of Special Lectures in 1978 and 2000 (in conjunction with administrative law), and a fresh look at this important topic is timely.

This year’s program brought together national and international experts to share ideas and perspectives on a range of issues in which the law has developed quite dramatically, even since 2000. Topics included developments in Indigenous and criminal law, privacy, human rights, and employment law, as well as commentary on constitutional cases that helped to shape Canada as a nation.

Table of Contents

Preface

Standing, Suspending, and Sharing: The Limits of the Charter as a Tool of Social Change in Criminal Justice
Alan N Young

“Casual Encounters” of the Worst Kind
Julianna A Greenspan & Brad Greenshields

A Human Rights Perspective on Racial Profiling in Ontario
Ontario Human Rights Commission

Questions of Racism in Police Investigations and Implications for Our Justice System
Roger Shallow

Competing Rights or Competing Context under the Charter?
Errol P Mendes

Federalism and National Infrastructure
Mahmud Jamal

The Performance of Constitutional Environmental Rights: A Case for Further Empirical Study
Tyson Dyck

Prematurity, Precaution, and the Charter: Protection of Substantive Environmental Rights in Canada
Theresa A McClenaghan

The Environment and the Charter
Dayna Nadine Scott

Indigenous Peoples, Art, Law, and Canada at 150
Jeffery Hewitt

Electronic Surveillance: Section 8 and the Evisceration of Part VI
Susan Chapman & Bianca Bell

Whither the Reasonable Expectations of Privacy?
Avner Levin

Normalizing Exceptional Practices: Security Certificates, Disclosure and Use of Evidence, and Administrative Detention
Marlys Edwardh & Adriel Weaver

Collective Bargaining, Labour Law, and the Charter in the Supreme Court of Canada, 1987 to 2017
Steven Barrett & John Craig

Broken Trust: Finding Our Way Out of the Damaged Relationship Through the Rebuilding of Indigenous Legal Institutions
Aimée Craft

Time Is on Our Side: Colonialism through Laches and Limitations of Actions in the Age of Reconciliation
Senwung Luk & Brooke Barrett

The Relationship between Canada and Indigenous Peoples: Where Are We?
Naiomi Metallic

Is the Presumption of Innocence Under Attack?
Matthew R Gourlay

R v Jordan: A Shift in Perspective on Unreasonable Delay
Philip Campbell & Howard L Krongold

Democratic Rights in a Technocratic Age: When Constitutions (in Law) Are Not Enough
Jane Bailey

Low Hanging Fruit . . . and Beyond: Canada’s Drug Laws Meet the Charter
Melvyn Green

“The Admittedly Unattainable Ideal”: Adverse Impact and Race under Section 15
Sonia Lawrence

Developing a Charter Practice: The Changing Role of Interventions
Andrew Lokan

More than Words on Paper: The Court Challenges Program and Actualizing Charter Rights for Marginalized Communities
Shaun O’Brien

Five More Minutes: Representing Public Interest Interveners Thirty-Five Years after the Charter
Susan Ursel, Kristen Allen, & Alec Stromdahl

The Impact of St Catharines Milling
Karen Drake

Fiery Foundations of Federalism: The Enduring Legacy of Citizens Insurance Co v Parsons
Bruce Ryder

R v Oakes: Giving Structure to Section 1 of the Charter of Rights and Freedoms
Peter W Hogg

Table of Cases

Index

Of interest...