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

“Charter Section 27: Multiculturalism and Human Rights”

Section 27 of the Canadian Charter of Rights and Freedoms directs that the Charter be interpreted in a manner consistent with the preservation and enhancement of Canada’s multicultural heritage. But what does this provision mean, and how does it shape the interpretation of Charter rights?

In this episode of Charter: A Course, host Cheryl Milne speaks with Professor Natasha Bakht of the University of Ottawa Faculty of Law about the meaning and role of Section 27. They explore the provision’s use in interpreting Charter rights, including freedom of religion, freedom of expression and equality rights. They also consider how Section 27 can help protect minority communities, the relationship between multiculturalism and Indigenous rights, and the provision’s continuing relevance to constitutional litigation.

In the Practice Corner, Sunil Gurmukh, Counsel at the Ontario Human Rights Commission, discusses the relationship between the Canadian Charter and Ontario’s human rights system. Drawing on his experience in human rights litigation, he explains the role of the Commission, the work of the Human Rights Tribunal of Ontario, and how discrimination claims are addressed through the Ontario Human Rights Code. He also considers the practical differences between human rights proceedings and Charter litigation.

Find a full transcript of the episode here.

Cases Discussed in this episode

Section 27, multiculturalism and the Charter:

Mouvement laïque québécois v. Saguenay (City), 2015 SCC 16 (CanLII), [2015] 2 SCR 3.

Freedom of religion and multicultural accommodation:

Syndicat Northcrest v. Amselem, 2004 SCC 47 (CanLII), [2004] 2 SCR 551.

Multani v. Commission scolaire Marguerite-Bourgeoys, 2006 SCC 6 (CanLII), [2006] 1 SCR 256.

Ktunaxa Nation v. British Columbia (Forests, Lands and Natural Resource Operations), 2017 SCC 54 (CanLII), [2017] 2 SCR 386.

Alberta v. Hutterian Brethren of Wilson Colony, 2009 SCC 37 (CanLII), [2009] 2 SCR 567.

Freedom of expression, equality and minority rights:

R. v. Keegstra, 1990 CanLII 24 (SCC), [1990] 3 SCR 697.

R. v. Andrews, 1990 CanLII 25 (SCC), [1990] 3 SCR 870.

Canada (Human Rights Commission) v. Taylor, 1990 CanLII 26 (SCC), [1990] 3 SCR 892.

Ross v. New Brunswick School District No. 15, 1996 CanLII 237 (SCC), [1996] 1 SCR 825.

R. v. Zundel, 1992 CanLII 75 (SCC), [1992] 2 SCR 731.

Andrews v. Law Society of British Columbia, 1989 CanLII 2 (SCC), [1989] 1 SCR 143.

Religion, access to justice and criminal proceedings:

R. v. Gruenke, 1991 CanLII 40 (SCC), [1991] 3 SCR 263.

R. v. Tran, 1994 CanLII 56 (SCC), [1994] 2 SCR 951.

Ontario human rights law and litigation:

McCarthy v. Kenny Tan Pharmacy Inc., 2015 HRTO 1303 (CanLII).

Al-Turki v. Ontario (Transportation), 2020 HRTO 392 (CanLII).

R.C. v. District School Board of Niagara, 2013 HRTO 1382 (CanLII).

Talos v. Grand Erie District School Board, 2018 HRTO 680 (CanLII).

Bokhari v. Top Medical Transportation Services, 2026 ONSC 1073 (CanLII)

Further Reading

Natasha Bakht, In Your Face: Law, Justice, and Niqab-Bearing Women in Canada (U of T Press, 2020). 

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 Natasha Bakht and Sunil Gurmukh of the Ontario Human Rights Commission, for sharing their insights and expertise.

Thank you as well to Jackman Law student Saiyah Aujla 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.

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.

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  

This episode focuses on section 33 of the Canadian Charter of Rights and Freedoms, otherwise known as the ‘notwithstanding clause’. Recognized as a distinctive Canadian legal invention, the notwithstanding clause creates a legislative tool that permits federal, provincial or territorial legislatures to declare an act or provision of an act to operate notwithstanding sections 2 and 7 to 15 of the Charter.

With the help of our distinguished guest Professor Emerita Lorraine Weinrib we discuss section 33’s unique role within Canada's constitutional democracy, its development, its operation, the political implications of it thus far, and the existing jurisprudence on its application. 

In our “Practice Corner”, we speak with two lawyers, Gregory Bordan and Marion Sandilands, who are involved in the legal challenge against the invocation of the notwithstanding clause in Quebec's Bill 21, An Act respecting the laicity of the State.

Find a full transcript of this episode HERE.

Case Links 

In this episode, the following cases were discussed: 

Ford v. Quebec (Attorney General), [1988] 2 SCR 712

Hak c. Procureure générale du Québec, 2019 QCCS 2989 

Toronto (City) v. Ontario (Attorney General), 2021 SCC 34

About the Asper Centre  

The Asper Centre, a part of the University of Toronto’s Faculty of Law since 2008, is devoted to realizing constitutional rights through advocacy, research and education. The Centre aims to play a vital role in articulating Canada’s constitutional vision to the broader world. The cornerstone of the Centre is a legal clinic that brings together students, faculty and members of the bar to work on significant constitutional cases and advocacy initiatives. The Centre was established through a generous gift from U of T law alumnus David Asper (LLM ’07).  

Thank You’s 

Charter: A Course is proudly sponsored by the University of Toronto’s affinity partner TD Insurance. We would like to thank our sponsor, and you can discover the benefits of affinity products at bit.ly/affinity-offers.  

We would like to thank the creators of our theme music for 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!  

Thank you to Caitlin Salvino, JD student at the University of Toronto, Faculty of Law and Asper Centre Summer Research Assistant in 2022, for her contributions to the production of this episode and for taking over hosting duties in the main interview with Professor Weinrib! 

Thank you to our wonderful guests on this episode, University of Toronto Faculty of Law Professor Emerita Lorraine Weinrib, and lawyers Gregory Bordan and Marion Sandilands.

Thank you to our audio editor Liam Morrison of Bell Room Media Solutions.  

Lastly, we are very grateful to you, our listeners, for taking the time to join us on as we continue to Charter a course into podcasting!