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

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!

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  

With the help of our distinguished guests, Professor David Schneiderman and Professor Ashwini Vasanthakumar, we discuss how our section 2 freedoms – the freedom of expression, the freedom of association, and the freedom of assembly – protect our right to protest. Tracing the history of the right to protest up until some of the more recent instances of protests in this country, our guests share insights about the many moral and political purposes of this right in Canada. 

In the Practice Corner, Steven Barrett, Managing Partner of Goldblatt Partners LLP, discusses the freedoms of expression, association, and assembly in the labour law context. We hear about the jurisprudence leading up to the Supreme Court’s recognition of a constitutional right to strike and discuss how the Charter is litigated in employment and labour disputes. We also hear more about Bill 28 and the provincial government’s use of the notwithstanding clause to limit the right to strike.

Find a FULL TRANSCRIPT of this episode HERE.

Case Links 

In this episode, the following were discussed:

Cases: 

Irwin Toy Ltd. v. Quebec (Attorney General), [1989] 1 SCR 927

Reference Re Public Service Employee Relations Act (Alta.), [1987] 1 SCR 313 

British Columbia Teachers' Federation v. British Columbia, 2016 SCC 49

Dunmore v. Ontario (Attorney General), 2001 SCC 94

Health Services and Support - Facilities Subsector Bargaining Assn. v. British Columbia, 2007 SCC 27 

Mounted Police Association of Ontario v. Canada (Attorney General), 2015 SCC 1

Ontario (Health) v. Association of Ontario Midwives, 2022 ONCA 458

Saskatchewan Federation of Labour v. Saskatchewan, 2015 SCC 4

OPSEU et al. v. Ontario 2016 ONSC 2197

Bills:

Bill 28, Keeping Students in Class Act, 2022

Bill 115, Putting Students First Act

Bill 124, Protecting a Sustainable Public Sector for Future Generations Act, 2019

Statutes:

International Labour Organization conventions and recommendations

Labour Relations Act, 1995, S.O. 1995, c. 1

Wagner Act, United States [1935]

The Declaration of the Rights of Man and of the Citizen, 1789

Protests:

G 20 Protests 

Black Lives Matter protest in the pride parade in Toronto

Freedom convoys in 2022

Protests at Ferry Creek

Wet’suwet’en protests

APEC protests at UBC

Additional Resources:

"Investment Law's Alibis: Colonialism, Imperialism, Debt and Development" by David Schneiderman

"Freedom of Expression in Canada" by Kent Roach and David Schneiderman

"Red, White, and Kind of Blue?: The Conservatives and the Americanization of Canadian Constitutional Culture" by David Schneiderman

Sara Slinn, Associate Professor at Osgoode

Previous episode with Professor Lorraine Weinrib: "Section 33 of the Charter: The Notwithstanding Clause"

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 Marisa Benjamin and to David McQuillan, JD students at the University of Toronto Faculty of Law and Asper Centre Research Assistants, for their contributions to the production of this episode.  

Thank you to our wonderful guests on this episode: Martha Jackman, Bruce Porter and Steven Barrett!

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

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.