Charter: A Course - A podcast about Canadian Constitutional Law & Litigation

Section 7 of the Canadian Charter of Rights and Freedoms protects the right to life, liberty and security of the person, and guarantees that these rights cannot be deprived except in accordance with the principles of fundamental justice. But what do those principles mean, and how do they shape constitutional litigation? In this episode of Charter: A Course, host Cheryl Milne speaks with Professor Hamish Stewart of the University of Toronto Henry N.R. Jackman Faculty of Law about the development and application of the principles of fundamental justice under Section 7. They explore the distinction between procedural and substantive principles, the evolution of the Section 7 framework, and the role of arbitrariness, overbreadth and gross disproportionality in Charter analysis. In the Practice Corner, Gerald Chan, a partner at Stockwoods LLP, discusses the importance of evidence in Section 7 litigation. Drawing on his experience in constitutional law cases, he considers the role of first-hand and expert evidence, the challenges of building a strong evidentiary record, and the way factual findings can shape the outcome of Charter challenges. Find a full transcript of the episode here.  A note on Cycle Toronto Professor Hamish Stewart’s interview was recorded before the Ontario Court of Appeal released its decision in Cycle Toronto v. Ontario (Attorney General). The Ontario Superior Court had found the legislation unconstitutional in 2025 ONSC 4397, but that decision was subsequently overturned by the Court of Appeal in 2026 ONCA 582, released August 14, 2026. Gerald Chan’s later Practice Corner discussion reflects the Court of Appeal’s decision. Cases Discussed in this episode Foundational Section 7 and procedural fairness decisions: R. v. Sault Ste. Marie, 1978 CanLII 11 (SCC), [1978] 2 SCR 1299. Reference re Section 94(2) of the Motor Vehicle Act (B.C.), 1985 CanLII 81 (SCC), [1985] 2 SCR 486. R. v. Vaillancourt, 1987 CanLII 2 (SCC), [1987] 2 SCR 636. R. v. Stinchcombe, 1991 CanLII 45 (SCC), [1991] 3 SCR 326. R. v. Martineau, 1990 CanLII 80 (SCC), [1990] 2 SCR 633. R. v. Hess; R. v. Nguyen, 1990 CanLII 89 (SCC), [1990] 2 SCR 906. Substantive principles of fundamental justice: Rodriguez v. British Columbia (Attorney General), 1993 CanLII 75 (SCC), [1993] 3 SCR 519. R. v. Heywood, 1994 CanLII 34 (SCC), [1994] 3 SCR 761. R. v. Malmo-Levine; R. v. Caine, 2003 SCC 74. Canadian Foundation for Children, Youth and the Law v. Canada (Attorney General), 2004 SCC 4. R. v. D.B., 2008 SCC 25. Canada (Attorney General) v. Bedford, 2013 SCC 72. Carter v. Canada (Attorney General), 2015 SCC 5. R. v. Smith, 2015 SCC 34. R. v. Zora, 2020 SCC 14. R. v. Brown, 2022 SCC 18. R. v. Ndhlovu, 2022 SCC 38. Evidence and more recent constitutional litigation: Canada (Attorney General) v. PHS Community Services Society, 2011 SCC 44. R. v. N.S., 2022 ONCA 160. Canadian Alliance for Sex Work Law Reform v. Attorney General, 2023 ONSC 5197. Mathur v. Ontario, 2024 ONCA 762. R. v. Kloubakov, 2025 SCC 25. The Neighbourhood Group et al. v. His Majesty the King in Right of Ontario, 2025 ONSC 1934. Edmonton (Police Service) v. McKee, 2026 SCC 24. Further Reading: Hamish Stewart, Fundamental Justice: Section 7 of the Canadian Charter of Rights and Freedoms, 2nd ed (Toronto: Irwin Law, 2019). Hamish Stewart, “Overbreadth Revisited” (2024) 69:3 McGill Law Journal 247–285. About the podcast series Charter: A Course is a podcast created by the David Asper Centre for Constitutional Rights at the University of Toronto’s Jackman Faculty of Law and hosted by the Centre’s Executive Director, Cheryl Milne. The podcast explores Canadian constitutional law and litigation, including the meaning and application of rights under the Canadian Charter of Rights and Freedoms. Each episode is co-produced by a Jackman Law student who helps shape the topic, connect with guests, and develop the questions for our conversations.  Thank you We would like to acknowledge the land from which our podcast is recorded. For thousands of years, this has been the traditional territory of the Wendat Nation, the Seneca, and the Mississaugas of the Credit. Today, it remains home to many Indigenous peoples from across Turtle Island, and we are grateful to live and work here. As you listen to this podcast from your own location, we invite you to take a moment to reflect on the land you are on, and the Indigenous communities connected to it, both historically and today. Thank you to our guests, Professor Hamish Stewart and Gerald Chan of Stockwoods LLP, for sharing their insights and expertise.  Thank you as well to Jackman Law student Tyler Lee for assisting in the production of this episode, and to producer Tal Schreier for all her work behind the scenes. Thank you to our audio producer, Liam Morrison of Bell Room Media Solutions. Thank you to the creators of our theme music, “Charter a Course.” Constitutional law professor Howie Kislowicz and law professor Rob Currie licensed their constitutional law shanty to us in exchange for a donation to the Calgary Food Bank. The song is performed by Vanessa Carroll, Rob Currie, Howie Kislowicz, Avinash Kowshik, Anna Lund, Patricia Paradis, Elin Sigurdson, Lyle Skinner, and Dave Wright.

Season 5, Episode 2: Charter Section 2(c) – Freedom of Peaceful Assembly In this episode, we explore freedom of peaceful assembly under section 2(c) of the Canadian Charter of Rights and Freedoms, a fundamental freedom that has received relatively little independent attention from Canadian courts. In the first part, Professor Jamie Cameron, Professor Emerita at Osgoode Hall Law School, discusses why freedom of peaceful assembly should be understood as a distinct constitutional right, how it differs from freedom of expression, and how courts should approach disruptive protests, university encampments, property rights, and injunctions. She also reflects on the Freedom Convoy and the need for a clearer legal framework for regulating public demonstrations. We then speak with Harini Sivalingam, Director of the Equality Program at the Canadian Civil Liberties Association (CCLA), for our Practice Corner (at about 45 minutes in). Harini discusses recent efforts to restrict protest rights, the constitutional issues raised by housing and survival encampments, and the intersection of sections 2(b), 2(c), 7, and 15 of the Charter. She also explains the national encampment litigation database being developed in partnership with the Asper Centre to help lawyers and advocates identify trends in encampment-related case law across Canada. Find a full transcript of this episode here. Please note: This episode was recorded before the Supreme Court of Canada granted the federal government leave to appeal the invocation of the Emergencies Act on October 22, 2026. Cases and other resources The following cases and legal proceedings are discussed in the episode: Irwin Toy Ltd. v. Quebec (Attorney General), [1989] 1 S.C.R. 927 University of Toronto (Governing Council) v. Doe, 2024 ONSC 3755 (U of T encampment injunction) Abbotsford (City) v. Shantz, 2015 BCSC 1909 (Abbotsford encampment case) The Regional Municipality of Waterloo v. Persons Unknown and to be Ascertained, 2023 ONSC 670 (Waterloo encampment case) Attorney General of Canada et al. v. Canadian Civil Liberties Association et al., 2026 FCA 6 (Emergencies Act appeal) Charter challenge by CCLA of the City of Vaughan anti-protest “bubble zone” bylaw litigation Constitutional and legislative resources: Canadian Charter of Rights and Freedoms Emergencies Act Bill C-9 and proposed Criminal Code offences affecting protest activity CCLA and Asper Centre Housing Encampment Litigation Database (launching in late Fall 2026): https://encampmentcaselaw.ca/ About the podcast series Charter: A Course is a podcast created by the David Asper Centre for Constitutional Rights at the University of Toronto’s Jackman Faculty of Law and hosted by the Centre’s Executive Director, Cheryl Milne. Each episode is co-produced by a Jackman Law student who helps shape the topic, connect with guests, and develop the questions for our conversations. The podcast explores Canadian constitutional law and litigation, including the meaning and application of rights under the Canadian Charter of Rights and Freedoms Thank you We would like to acknowledge the land from which our podcast is recorded. For thousands of years, this has been the traditional territory of the Wendat Nation, the Seneca, and the Mississaugas of the Credit. Today, it remains home to many Indigenous peoples from across Turtle Island, and we are grateful to live and work here. As you listen to this podcast from your own location, we invite you to take a moment to reflect on the land you are on, and the Indigenous communities connected to it, both historically and today. Thank you to our guests, Professor Jamie Cameron and Harini Sivalingam of the Canadian Civil Liberties Association, for sharing their insights and expertise. Thank you as well to University of Toronto Jackman Faculty of Law JD student Vivian Wu for assisting in the production of this episode, and to producer Tal Schreier for all her work behind the scenes. Thank you to our audio producer, Liam Morrison of Bell Room Media Solutions. Thank you to the creators of our theme music, “Charter a Course.” Constitutional law professor Howie Kislowicz and law professor Rob Currie licensed their constitutional law shanty to us in exchange for a donation to the Calgary Food Bank. The song is performed by Vanessa Carroll, Rob Currie, Howie Kislowicz, Avinash Kowshik, Anna Lund, Patricia Paradis, Elin Sigurdson, Lyle Skinner, and Dave Wright. 

Charter: A Course podcast Season 5, Episode 1: Charter History  In this episode, we explore the origins of the how the Canadian Charter of Rights and Freedoms came to be. In the first part, Professor Adam Dodek of the University of Ottawa discusses the political negotiations, constitutional debates and work of the Special Joint Committee on the Constitution that shaped the Charter, including the origins of section 33, the notwithstanding clause. We then speak with constitutional lawyer Mary Eberts, who played a significant role in drafting section 15, about the advocacy that helped shape the Charter’s equality provisions, the development of substantive equality, and the questions raised by Quebec’s Bill 21 litigation. Note: This episode was recorded in fall 2025, before the Supreme Court of Canada heard the Bill 21 case, otherwise known as the Hak appeal, in March of 2026. A decision was still awaited at the time of release of this episode. Cases and other resources The following cases are discussed in the episode: R. v. Drybones, [1970] S.C.R. 282 Attorney General of Canada v. Lavell, [1974] S.C.R. 1349 Bedard v. Dawson, [1972] S.C.R. 681 Bliss v. Canada (Attorney General), [1979] 1 S.C.R. 183 Reference re Resolution to Amend the Constitution, [1981] 1 S.C.R. 753 (Patriation Reference) R. v. Oakes, [1986] 1 S.C.R. 103 Ford v. Quebec (Attorney General), [1988] 2 S.C.R. 712 Irwin Toy Ltd. v. Quebec (Attorney General), [1989] 1 S.C.R. 927 R. v. Morgentaler, [1988] 1 S.C.R. 30 Hunter v. Southam Inc., [1984] 2 S.C.R. 145 Vriend v. Alberta, [1998] 1 S.C.R. 493 Andrews v. Law Society of British Columbia, [1989] 1 S.C.R. 143 Hak c. Procureur général du Québec, 2021 QCCS 1466 (CanLII) Constitutional and legislative resources: Canadian Charter of Rights and Freedoms Canadian Bill of Rights Quebec’s Act respecting the laicity of the State (Bill 21) Books by Adam Dodek discussed in this episode: The Charter Debates: The Special Joint Committee on the Constitution, 1980–81 and the Making of the Canadian Charter of Rights and Freedoms (University of Toronto Press, 2018) Constitutional Challengers: The Heroes, Villains, and Crusaders Behind Some of Canada’s Biggest Cases (Dundurn Press, 2026) About the podcast series Charter: A Course is a podcast created by the David Asper Centre for Constitutional Rights at the University of Toronto’s Jackman Faculty of Law and hosted by the Centre’s Executive Director, Cheryl Milne. Each episode is co-produced by a Jackman Law student who helps shape the topic, connect with guests, and develop the questions for our conversations. The podcast explores Canadian constitutional law and litigation, including the meaning and application of rights under the Canadian Charter of Rights and Freedoms. Thank you We would like to acknowledge the land from which our podcast is recorded. For thousands of years, this has been the traditional territory of the Wendat Nation, the Seneca, and the Mississaugas of the Credit. Today, it remains home to many Indigenous peoples from across Turtle Island, and we are grateful to live and work here. As you listen to this podcast from your own location, we invite you to take a moment to reflect on the land you are on, and the Indigenous communities connected to it, both historically and today. Thank you to our guests, Professor Adam Dodek and Mary Eberts, and to University of Toronto Jackman Faculty of Law student Romina Hajizadeh for her contributions to the production of this episode. Thank you as well to producer Tal Schreier for all her work behind the scenes. Thank you to our audio producer, Liam Morrison of Bell Room Media Solutions. Thank you to the creators of our theme music, “Charter a Course.” Constitutional law professor Howie Kislowicz and law professor Rob Currie licensed their constitutional law shanty to us in exchange for a donation to the Calgary Food Bank. The song is performed by Vanessa Carroll, Rob Currie, Howie Kislowicz, Avinash Kowshik, Anna Lund, Patricia Paradis, Elin Sigurdson, Lyle Skinner, and Dave Wright. 

Charter: A Course  A podcast about Canadian Constitutional Law & Litigation  Season 4, Episode 7: Section 25 of the Charter and Dickson v Vuntut Gwitchin FN This episode marks the second of a two-part series on Indigenous self-determination and its intersections with the Constitution and the Canadian Charter of Rights and Freedoms.  This episode focuses on Section 25 of the Charter of Rights and Freedoms and the recent Supreme Court of Canada decision in Dickson v Vuntut Gwitchin First Nation.  Section 25 guarantees that certain rights and freedoms in the Charter “shall not be construed so as to abrogate or derogate from any aboriginal, treaty or other rights or freedoms that pertain to the aboriginal peoples of Canada including: a) any rights or freedoms that have been recognized by the Royal Proclamation of October 7, 1763; and b) any rights or freedoms that now exist by way of land claim agreements or may be so acquired.” In the first part of the episode, Cheryl speaks with Professor Kerry Wilkins to discuss the meaning of Section 25 of the Charter, its history, its recent application, and its intersection with the implementation of UNDRIP, the UN Declaration on the Rights of Indigenous Peoples in Canada. In the Practice Corner, Cheryl speaks with Indigenous rights lawyer Kris Statnyk, a citizen of the Vuntut Gwitchin FN about his legal practice and his experience representing the Vuntut Gwitchin FN in the Dickson appeal. Find a FULL transcript of this episode HERE. Case Links and other Resources In this episode, the following cases, Declaration, book and paper were discussed/mentioned: Dickson v. Vuntut Gwitchin First Nation, 2024 SCC 10 Kahkewistahaw First Nation v. Taypotat, 2015 SCC 30, [2015] 2 S.C.R. 548 Eldridge v. British Columbia (Attorney General), [1997] 3 S.C.R. 624 United Nations Declaration on the Rights of Indigenous Peoples Indigenous Difference and the Constitution of Canada by Patrick Macklem (2001, U of T Press) Reference re An Act respecting First Nations, Inuit and Métis children, youth and families, 2024 SCC 5 Naiomi Metallic, "Checking our Attachment to the Charter and Respecting Indigenous Legal Orders: A Framework for Charter Application to Indigenous Governments" (2022) 31:2 Constitutional Forum constitutionnel 3 Truth and Reconciliation Commission of Canada: Calls to Action About the Series   Charter: A Course is a podcast created by the David Asper Centre for Constitutional Rights (the Asper Centre) and hosted by the Asper Centre’s Executive Director Cheryl Milne.   Charter: A Course focuses on leading Canadian constitutional cases and current constitutional law issues, highlighting strategic aspects of constitutional litigation and exploring what it’s like to practice in this area of law in our Practice Corner segment.    Whether you are a law student, a lawyer, or just an interested person, we hope that you learn about an aspect of constitutional law and litigation that interests you in our podcast.  Thank You’s  Thank you to our wonderful guests on this episode, Prof Kerry Wilkins and Kris Statnyk! Thank you to University of Toronto Faculty of Law JD students Joshua Schwartz, Meg Zhang and Emma Blanchfield, who greatly assisted with the development and production of this episode.  Thank you also to Flint Patterson, former Asper Centre podcast producer and JD at the University of Toronto Faculty of Law for initially proposing this episode topic (we just had to wait until the SCC issued its decision). Thank you, as always, to our excellent audio editor Liam Morrison of Bell Room Media Solutions.   Thank you to the creators of our theme music, Charter: A Course! Constitutional law professor Howie Kislowicz and law professor Rob Currie gave us the licence to use their constitutional law shanty in exchange for a donation to the Calgary Food Bank. The song’s performers are Vanessa Carroll, Rob Currie, Howie Kislowicz, Avinash Kowshik, Anna Lund, Patricia Paradis, Elin Sigurdson, Lyle Skinner, and Dave Wright. You can listen to the entire shanty here: Charter a Course.  Please consider contributing to your local food bank.  

Charter: A Course  A podcast about Canadian Constitutional Law & Litigation  Season 4, Episode 6: Section 35 of the Constitution and Bill C-92 Reference This episode marks the first of a two-part series on Indigenous self-determination and its intersections with the Constitution and the Canadian Charter of Rights and Freedoms.  This particular episode focuses on Section 35 of the Constitution Act, 1982, and what the recent Supreme Court Reference on Bill C-92, An Act respecting the First Nations, Inuit, and Métis Children, Youth, and Families means for Indigenous self-government and control over child welfare in Canada.  In the first part of the episode, Cheryl speaks with Professor John Borrows, the Loveland Chair in Indigenous Law at the University of Toronto Faculty of Law on Section 35, the Bill C-92 Reference and recent advancements on Indigenous self-government. In the Practice Corner, Cheryl chats with lawyer Jessica Orkin, of Goldblatt Partners LLP, on the practical realities of putting forth a claim under Section 35. Find a FULL transcript of this episode HERE. Case Links and other Resources In this episode, the following cases, Acts and report were discussed: Delgamuukw v. British Columbia, [1997] 3 S.C.R. 1010 Tsilhqot’in Nation v. British Columbia, 2014 SCC 44, [2014] 2 S.C.R. 256 R v . Pamajewon, [1996] 2 S.C.R. 821 Reference re Secession of Quebec, [1998] 2 S.C.R. 217 United Nations Declaration on the Rights of Indigenous Peoples Reference re An Act respecting First Nations, Inuit and Métis children, youth and families, 2024 SCC 5 An Act respecting First Nations, Inuit and Métis children, youth and families S.C. 2019, c.24 Truth and Reconciliation Commission of Canada: Calls to Action About the Series   Charter: A Course is a podcast created by the David Asper Centre for Constitutional Rights (the Asper Centre) and hosted by the Asper Centre’s Executive Director Cheryl Milne.   Charter: A Course focuses on leading Canadian constitutional cases and current constitutional law issues, highlighting strategic aspects of constitutional litigation and exploring what it’s like to practice in this area of law in our Practice Corner segment.    Whether you are a law student, a lawyer, or just an interested person, we hope that you learn about an aspect of constitutional law and litigation that interests you in our podcast.  Thank You’s  Thank you to our wonderful guests on this episode, Prof John Borrows and Jessica Orkin! Thank you to University of Toronto Faculty of Law JD students Joshua Schwartz, Meg Zhang and Emma Blanchfield, who greatly assisted with the production of this episode.  Thank you to our audio editor Liam Morrison of Bell Room Media Solutions.   Thank you to the creators of our theme music, Charter: A Course! Constitutional law professor Howie Kislowicz and law professor Rob Currie gave us the licence to use their constitutional law shanty in exchange for a donation to the Calgary Food Bank. The song’s performers are Vanessa Carroll, Rob Currie, Howie Kislowicz, Avinash Kowshik, Anna Lund, Patricia Paradis, Elin Sigurdson, Lyle Skinner, and Dave Wright. You can listen to the entire shanty here: Charter a Course.  Please consider contributing to your local food bank.