2010
The Criminalization of Polygamy: Constitutional or Not?
March 23, 2010
A panel discussion on the reference at the British Columbia Supreme Court regarding the constitutionality of s. 293 of the Criminal Code which prohibits polygamy in Canada. This case has attracted wide interest, and involved various interveners, including the Asper Centre together with the Canadian Coalition for Children and Youth, and other religious, women's and children's, and civil liberties organizations. Cheryl Milne, Director of the Asper Centre, moderated a panel including faculty members Lorraine Weinrib, and Mohammad Fadel.
Overdue Update or Big Brother? Lawful Access and Cyber Surveillance
February 25, 2010
As rapidly advancing communication technology transforms so many aspects of human interaction it is crucial for public safety that investigative powers remain relevant to the rapidly evolving methods of crime. However, these methods must not too broadly infringe on the rights and liberties of Canadian Citizens. In 2009, two bills, C- 46 and C-47, were introduced with the intent of updating the state’s authority to access electronic communications data. These bills have been controversial, provoking very different responses from the law enforcement and privacy communities. The David Asper Centre for Constitutional Rights and the Canadian Civil Liberties Association are co-hosted a workshop to explore the important issues associated with giving law enforcement easier access to electronic communications data. Topics included: the emerging realities of internet privacy, informational privacy, and defence and crown perspectives on proposed “lawful access” legislation. Speakers: Professor Lisa Austen, Professor David Murakami-Wood, Robert Hubbard.
Link to webcast
The Khadr Decision: A Just Result?
February 11,2010
The Supreme Court of Canada released its unanimous decision in Prime Minister of Canada et al. v. Omar Khadr on Friday, January 29, 2010. It declared that the Canadian government was violating Omar Khadr's right to life, liberty and security under the Charter of Rights and Freedoms. The court denounced the use of torture in the form of sleep deprivation by U.S. authorities against Mr. Khadr when he was 15 years old in order to soften him up for interrogations conducted by Canadian authorities. However, it stopped short of ordering what was being sought – the request by the Canadian government to release him from Guantanamo and return him to Canada – citing Crown prerogative in regard to foreign relations. A panel moderated by Professor Hamish Stewart discussed the implications of the decision. Speakers: Professor Audrey Macklin, Professor Kent Roach, Professor David Schneiderman and Executive Director Cheryl Milne.
Link to webcast
Albie Sachs: The Strange Alchemy of Life and Law
January 15, 2010
Should a judge be an instrument of pure, detached reason, or a person imbued with human empathy? Albie Sachs, appointed by Nelson Mandela to South Africa’s first Constitutional Court, which has heard landmark cases dealing with terrorism and torture, social and economic rights, the truth commission, and same sex marriages, argued that reason and passion are inextricably linked in the judicial function. The talk offered a unique insight into the judicial philosophy of one of the world's most prominent constitutional judges, recounted in Sachs' recent book The Strange Alchemy of Life and Law (OUP, 2009). The talk was followed by a reception.