Agenda


2018 Osgoode Constitutional Cases Conference 

8:30 AM
REGISTRATION AND CONTINENTAL BREAKFAST

Location: Toronto Reference Library, 789 Yonge Street

9:15 AM
WELCOME AND INTRODUCTION

Co Chairs

Benjamin L. Berger, Associate Dean (Students) and Professor, Osgoode Hall Law School

Sonia Lawrence, Associate Dean (Research) and Associate Professor, Osgoode Hall Law School

9:30 AM
OPENING ADDRESS: A REVIEW OF THE SUPREME COURT'S 2017 CONSTITUTIONAL JURISPRUDENCE

Providing a review of the Supreme Court of Canada’s 2017 constitutional jurisprudence, highlighting key patterns and trends and commenting on significant developments.

Lorne Sossin, Dean & Professor, Osgoode Hall Law School

10:00 AM
THE CHANGING COURT AND COURT DYNAMICS

With a new Chief Justice and significant change in the composition of the Court, the SCC is an institution in flux. This plenary will examine emerging trends and dynamics within the Court and look ahead to issues the institution, will have to face in the coming years.

PANELLISTS:

Vanessa MacDonnell, University of Ottawa, "Justice Côté’s Emerging Reputation as a Dissenter"

Alexander Pless, Department of Justice, "The Wagner Court: Hedgehog or Fox?"

Daniel Sheppard, Goldblatt Partners LLP, "Just Going Through the Motions: The Supreme Court, Interest Groups and the Performance of Intervention"

CHAIR:
Bruce Ryder,  Osgoode Hall Law School

[Note: Frances Mahon, of Frances Mahon Law, was originally scheduled to participate on the opening plenary. Unfortunately, she has been forced to withdraw. However, she will be replaced by Daniel Sheppard of Goldblatt Partners LLP].

11:15 AM
REFRESHMENT BREAK
11:30 AM
PANEL A: FRONTIERS OF PRIVACY

Beginning with a review of the Court’s more conventional s 8 cases, like Alex and Paterson, this panel will consider Marakah and Douez and how they show a Court wrestling with changing social understandings of privacy and their treatment by the Constitution.

PANELLISTS:

Gerald Chan, Stockwoods Barristers, "Section 8 of the Charter in the Texting Age”

Michael Fawcett, Ministry of the Attorney General (Crown Law Office - Criminal), "Recent Developments in Search and Seizure Law and the Modern Approach to Privacy Expectations"

Andrea Slane, University of Ontario Institute of Technology, “There Is a There There: Forum Selection Clauses, Consumer Protection and the Quasi-Constitutional Right to Privacy in Douez v Facebook”

CHAIR:

François Tanguay-Renaud, Osgoode Hall Law School

 
PANEL B: INDIGENOUS JUSTICE AND THE ADMINISTRATIVE STATE

This panel will discuss what Clyde River and Chippewas of the Thames imply for our understanding of the administrative state/administrative law, as viewed through the lens of Indigenous rights and reconciliation.

PANELLISTS:

Kate Glover Berger,  Western University, "Mixed Messages and Rule of Law Problems after Clyde River, Chippewas of the Thames First Nation, and Ktunaxa Nation"

Janna Promislow, Thompson Rivers University, "Delegation, deference, and difference: In search of a principled approach to implementing Aboriginal rights"

Justin Safayeni, Stockwoods Barristers, “Clyde River and Chippewas of the Thames: Consequences, Complications and Unanswered Questions”

CHAIR:

Karen Drake, Osgoode Hall Law School

12:45 PM
BUFFET LUNCHEON (Included)
1:30 PM
2018 LASKIN LECTURE

Funded through the York Centre for Public Policy and Law

THE RT HON BEVERLEY McLACHLIN
"The Arc of the Charter: A Personal Perspective"
Chaired by Sonia Lawrence and Benjamin Berger, Osgoode Hall Law School
2:15 PM
PANEL C: SCOPE OF CHARTER RIGHTS AND REDRESS

This panel will examine cases from 2017 that raise issues about the capacity to secure redress for the limitation of Charter rights. Cases discussed will include key cases on fundamental freedoms Ktunaxa and BC Freedom of Information) and on immunity for Charter damages (Ernst)

PANELLISTS:
Joseph Cheng, Department of Justice, "Ernst v Alberta Energy Regulator: A “Frack-tiously” divided Supreme Court considers statutory immunities and Charter damages"

Howie Kislowicz,  University of Calgary & Senwung Luk, Olthuis Kleer Townshend LLP, “Re-contextualizing Ktunaxa v British Columbia: Crown Land, History, and Religious Freedom”

Alison Latimer, Arvay Finlay LLP, "Dialogue or Disregard? A Prerequisite to a Functional Constitutional Conversation"

Michael Pal, University of Ottawa, "Electoral Exceptionalism: Third Party Political Expression and the Charter"

CHAIR:
Craig Scott, Osgoode Hall Law School

 
PANEL D: UNDERSTANDINGS OF FUNDAMENTAL JUSTICE

A number of cases in 2017 addressed conceptions of the nature and meaning of fundamental justice. Panelists will discuss cases ranging from Antic and Cody, in the criminal justice realm, to Badesha, addressing fundamental justice in extradition, and Association of Justice Counsel, addressing the scope of s. 7’s liberty protection.

PANELLISTS:

[Update: Ms. Enenajor has been forced to withdraw and will be unable to attend] Annamaria Enenajor, Ruby Shiller & Enenajor, Barristers, "R. v. Cody: The Role of Defence in Preventing Unreasonable Delays"  

Joanna Harrington, University of Alberta, "Extradition, Assurances and Human Rights"

Hamish Stewart, University of Toronto, "Association of Justice Counsel and the Scope of the Section 7 Liberty Interest"

CHAIR:

Lisa Dufraimont, Osgoode Hall Law School

3:30 PM
REFRESHMENT BREAK
3:45 PM
THE LEGACY AND CONTRIBUTIONS OF BEVERLEY McLACHLIN

PANELLISTS:

Jamie Cameron, Osgoode Hall Law School, "Dissent, “Conscious Objectivity” and the Rule of Law: Hallmarks of a Complex Judicial Personality"

Jeffrey Hewitt, University of Windsor

Mahmud Jamal, Osler, Hoskin & Harcourt LLP, "Chief Justice McLachlin and the Division of Powers"

Debra Parkes, Allard School of Law, University of British Columbia, "Criminal Law and Its Limits"

CHAIR:

Mary Condon, Osgoode Hall Law School

5:00 PM
PROGRAM CONCLUDES