Charter: A Course - A podcast about Canadian Constitutional Law & Litigation
David Asper Center for Constitutional Rights
25 episodes
9 months ago
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 Canadian constitutional law and litigation. In each episode, we highlight the accomplishments of U of T Law’s faculty and alumni involved in leading constitutional cases and issues. Each episode also includes a “Practice Corner,” where we talk about the ins and outs of what it means to be a constitutional litigator.
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.
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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 Canadian constitutional law and litigation. In each episode, we highlight the accomplishments of U of T Law’s faculty and alumni involved in leading constitutional cases and issues. Each episode also includes a “Practice Corner,” where we talk about the ins and outs of what it means to be a constitutional litigator.
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.
Charter: A Course - A podcast about Canadian Constitutional Law & Litigation
1 hour 34 minutes 56 seconds
3 years ago
S2E3: Disability Rights under the Charter
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 Canadian constitutional law and litigation. In each episode, we highlight the accomplishments of U of T Law’s faculty and alumni involved in leading constitutional cases and issues. Each episode also includes a “Practice Corner,” where we talk about the ins and outs of what it means to be a constitutional litigator.
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.
Show Notes
In 1982, disability was included as an enumerated ground of discrimination under Section 15 of the Canadian Charter of Rights and Freedoms. Since then, disability rights advocates have pursued constitutional litigation on a range of issues, including the availability of sign language, interpretation and hospitals, funding for autism treatment programs, and inclusive education for students with disabilities to remain in classes with their peers without disabilities. However, challenges remain in litigating disability rights under the Charter. This podcast episode examines the successes and remaining challenges in having disability rights recognized and protected under the Charter.
Our esteemed guests in this podcast are David Lepofsky and Anita Szigeti, two lawyers specialized in disability rights. Our guests will discuss, amongst other issues, how disability came to be an enumerated ground under section 15 of the Charter; some of the seminal Supreme Court of Canada cases that dealt with disability rights under the Charter; how individuals living with a mental disability either alone or in combination with a physical disability experience discrimination; how section 7 of the Charter interplays with respect to discrimination claims that normally fit within section 15 Charter claims; and, the future of disability rights under the Charter.
In this episode’s “Practice Corner” starting at 1:07:16, we will be speaking with constitutional litigator Stephen Aylward, on his experiences as a constitutional litigator while living with a disability, and ways to remove existing barriers within the legal profession to make the practice of law more accessible.
Find a FULL TRANSCRIPT of this episode HERE.
Case & Statute Links
In this episode, the following cases and statutes were discussed:
Eldridge v. British Columbia (Attorney General), [1997] 3 SCR 624
R. v. Conway, [2010] 1 SCR 765
R. v. Swain, [1991] 1 SCR 933
Eaton v. Brant County Board of Education, [1997] 1 SCR 241
Ontario (Attorney General) v. G, 2020 SCC 38
Thompson v. Ontario (Attorney General), 2016 ONCA 676
P.S. v. Ontario, 2014 ONCA 900 (CanLII)
Carter v. Canada (Attorney General), 2015 SCC 5
AG(BC) v Canadian Council of Disabilities, 2022 SCC 27
Moore v. British Columbia (Education), 2012 SCC 61
R. v. Sharma, [1993] 1 SCR 650
Christopher’s Law (Sex Offender Registry), 2000, S.O. 2000, c. 1.
Not Criminally Responsible Reform Act, S.C. 2014, c. 6
Mental Health Act, R.S.O. 1990, c. M.7
Bill C-5
Additional Links:
Accessibility for Ontarians with Disabilities Act Alliance (Twitter: @aodaalliance)
Women in Canadian Criminal Defence (Twitter: @WICCD_Canada)
Ontario Courts Accessibility Committee’s online Survey of Accessibility for People with Disabilities in Ministry Courts: https://www.surveymonkey.com/r/OCACSurveyEN
Lambda Legal (Twitter: @LAMDACANADA)
Canadian Association of Lawyers with Disabilities Facebook Group
David Lepofsky’s lectures on Advocating for Disability Rights
David Lepofsky's Twitter: @DavidLepofsky
Anita Szigeti’s Twitter: @pouchbaby
Anita Szigeti’s 2020 book: A Guide to Mental Disorder Law in Canadian Criminal Justice (LexisNexis)
Anita Szigeti’s 2023 book: Law and Mental Health in Canada Cases and Materials (Lex
Charter: A Course - A podcast about Canadian Constitutional Law & Litigation
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 Canadian constitutional law and litigation. In each episode, we highlight the accomplishments of U of T Law’s faculty and alumni involved in leading constitutional cases and issues. Each episode also includes a “Practice Corner,” where we talk about the ins and outs of what it means to be a constitutional litigator.
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.