The charter at 20

Final Program
printer friendly version

Saturday, April 13th

Professional Development Programme Centre (Osgoode Hall)
1 Dundas Street, 26th Floor
Toronto, Ontario


The Charter and Democracy

Session I: 9:00-10:30 (Roundtable)

I  Judicial Review or Judicial Usurpation? (ROOM C)

Chair: Ray Bazowski

Participants:

Patrick Monahan, Osgoode Hall Law School, York University
"The Charter at Twenty"

Andrew Petter, University of Victoria Law School
"The Justification of Judicial Review: Twenty Years of an Argument"

Jamie Cameron, Osgoode Hall Law School, York University
"Judicial Strategies for Interpreting the Charter"

Michael Mandel, Osgoode Hall Law School
"The Charter versus Democracy"

Peter Hogg, Osgoode Hall Law School, York University
"The Charter of Rights and Democratic Dialogue"



10:30-10:45: Coffee Break

Session II: 10:45-12:00

II (a) The Role and Public Perception of Judges and Judging after the Charter (ROOM C)

Chair: Lorne Sossin

Participants:

Peter McCormick, University of Lethbridge
"The Charter Fractures the Court: The Emergence and Evolution of Disagreement Patterns on the Supreme Court of Canada, 1984-2000"

Richard Sigurdson, University of New Brunswick
"The Charter and the Attack on Canada's Judiciary"

Joseph Fletcher, University of Toronto
"The Irony of Bills of Rights"



II (b) The Charter and Group Litigation: The Promotion of Special Interests or the Recognition of Diversity? (ROOM D)

Chair: Janice Newton

Participants:

Miriam Smith, Carleton University
"Comparative and Methodological Considerations on Civil Society Organizations: The Case of Lesbian and Gay Rights, 1982-2002"

Alexandra Dobrowolsky, St. Mary's University
"State Transformations and Transformative Constitutional Struggles:
Comparing Women's Capacities and Concerns in 'Third Way' Contexts"

Elizabeth Goodyear-Grant, McGill University
"The Judicialization of Interest Group Politics: The Experience of the Canadian Feminist Movement"



II (c) Tracking the Public/Private Divide: Civil Society and the Charter
(ROOM B)

Chair: Steve Newman

Participants:

Mark Tushnet, Georgetown University Law School
"A U.S. Perspective: Reflections on some Mis-steps in Charter Interpretations"

Leslie Jacobs, York University
"Charter Dialogue and Policy Development: The Example of Health Care"

Ray Bazowski, York University
"The Charter and the Public Domain"



12:00-1:00: Lunch

The Charter and the Policy Process

Session III: 1:00-2:30

III (a) Governance under the Charter (ROOM C)

Chair: David Sugarman

Participants:

Janet Hiebert, Queen's University
"Governing Under the Influence of the Charter"

James Kelly, Brock University
"Legislative Precision as an Emerging Principle of Charter Review by the Supreme Court of Canada"

Lorne Sossin, University of Toronto Law School
"The Charter and Administrative Discretion"

Sujit Choudhry, University of Toronto Law School
"Racial and Ethnic Profiling: Statutory Discretion, Constitutional Remedies, and Democratic Accountability"








III(b)  Aboriginal Rights and the Charter (ROOM D)

Chair: Ian Greene

Participants:

Kent McNeil, Osgoode Hall Law School, York University
"Should the Charter of Rights and Freedoms Apply to Aboriginal Government?"

Paul Rynard, York University
"Is There a Canadian Public Interest in Aboriginal Rights?"

Peter Russell, University of Toronto





III (c) The Charter at Work: Labour and the Charter (ROOM B)

Chair: Charles Smith

Participants:

Joel Bakan, University of British Columbia
"From Golf Games and Gun Clubs to Bread and Roses?: Charter Labour Jurisprudence at Twenty"

Larry Savage, York University
"Working to Rule: The Canadian Labour Congress and the Charter of Rights and Freedoms"

Judy Fudge, Osgoode Hall Law School, York University





2:30-2:45: Coffee Break




Session IV: 2:45-4:15

IV (a) Community and the Individual under the Charter (ROOM C)

Chair: Bruce Elman

Participants:

Rainer Knopff, University of Calgary
"Civility, Toleration, and Non-Judgementalism: The Case of Trinity Western"

Stephen Newman, York University
"Law, Conscience and Community: Toleration and the Charter"

Ian Brodie, University of Western Ontario
"From NAACP to LEAF: American Legal Exports to Canada?"

Lorraine Weinrib, Faculty of Law and Department of Political Science, University of Toronto
"The Charter's Promise of Equal Citizenship"





IV (b) A Nation of Our Own? The Nationalizing Influences of the Charter (ROOM B)

Chair: James Kelly

Participants:

Reginald Whitaker, York University
"The Flight from Politics: Rethinking the Legalization of Politics"

Gerald Kernerman, University of Toronto
"Con/founding the Charter: Canadians Debate the Reference to the ‘Supremacy of God'"

Christopher Manfredi, McGill University
"Citizenship and the Charter"

Ian Greene, York University
"The Charter and National Unity"




IV (c) Towards a Just Society? Charter Values and Social Policy (ROOM D)

Chair: Charles Smith

Participants:

David Shugarman, York University
"Strengthening Democratic Charter Values"

Duncan Cameron, University of Ottawa
"Could the Poor Benefit from a Social Charter?"

Sonia Lawrence, Osgoode Hall Law School, York University
"Does the Charter Protect the Poor?"

Martha Jackman, University of Ottawa Law School
"Presuming Innocence and Proving Guilt: Using the Charter at Twenty"