In lieu of presentations, I ask that for the course you submit a total of 5 papers (each worth 20 %)
To ensure balance, I ask that you choose one paper under group A and two papers under group B and two papers under group C,
For clarification,below you will find the seminar topics broken down my groups.
SEMINAR THREE :
https://www.lexpert.ca/archive/the-right-to-strike-supreme-courts-labour-trilogy-has-wide-ranging-impacts/350313
https://www.fasken.com/en/knowledge/2015/03/labouremploymentandhumanrights-20150312
SEMINAR FOUR:
https://www.justice.gc.ca/eng/csj-sjc/rfc-dlc/ccrf-ccdl/check/art25.html
SEMINAR FIVE:
https://www.cbc.ca/news/politics/house-of-commons-prayer-scrutinized-after-top-court-decision-1.3046108
SEMINAR SIX
https://thetyee.ca/News/2007/02/03/Nixon/
GROUP A
Seminar 2 (January 16): Pre-Charter Civil Rights in Canada
Debate Resolution: The Canadian Bill of Rights and common law rights were adequate human rights instruments; therefore, the Charter of Rights and Freedoms was not needed:
Seminar 3 (January 23): Economic Rights: Class, Labour, and Business
Debate Resolution: Despite no economic rights or property, social, and labour rights, courts and Charter jurisprudence tend to favour business.
Seminar 4 (January 30): Aboriginal Rights
Debate Resolution: The Charter poses a threat to Indigenous Peoples’ rights and identities.
GROUP B
Seminar 5 (February 6): Fundamental Freedoms (Religion)
Debate Resolution: The higher courts’ overly secularized definition of Canadian society had rendered the freedom of religion virtually meaningless.
Seminar 6 (February 13): Equality Rights – Gender
Debate Resolution: The equality framework used by courts and women’s group has led to “diminishing returns” for Canadian women and should therefore be abandoned.
Seminar 7 (February 27): Equality Rights – Sexual Orientation/ Identity
Debate Resolution: The essentialist definitions of sexuality and gender that tend to underlie formal equality claims promote assimilation rather than true equality.
Seminar 8 (March 5): Fundamental Freedoms (Expression)
Debate Resolution: The Freedom of expression is the cornerstone of democracy. Despite this, the Supreme Court continues to place unreasonable limits on Canadians’ freedom to express hatred
GROUP C
Seminar 9 (March 12): The Nature of Charter Rights and Access Issues
Debate Resolution: “The Charter is a potent political weapon, one that is being used to benefit vested interests in society and weaken the relative power of the disadvantaged and underprivileged.”
Seminar 10 (March 19): Parliamentary Supremacy vs. Judicial Supremacy
Debate Resolution: Section 33 undermines the premise that underlie the Canadian Constitutional regime, therefore, it should be abolished
Seminar 11 (March 26): Role of the Judiciary
Debate Resolution: The Charter continues to empower an unrepresentative court, therefore, parliament, not the Supreme Court of Canada, ought to determine the scope of rights and freedoms
Seminar 12 (April 2): Overall Consequences of the Charter
Debate Resolution: The Charter has detracted from democratic decision-making in Canada, making the Charter antidemocratic.
