Runnymede Radio

Does the Notwithstanding clause turn off rights protected by the Charter? Does it preserve those rights by requiring courts to stay silent while legislatures alone interpret their bounds? Or are courts always available to provide a remedy? This episode features political science professor Geoffrey Sigalet and lawyer Eric Mendelsohn. For further reading, take a look at the following articles: Grégoire Webber, Eric Mendelsohn & Robert Leckey  "The faulty received wisdom around the notwithstanding clause" (Policy Options, 2019) Maxime St-Hilaire and Xavier Foccroulle Ménard, "Nothing to Declare: A Response to Grégoire Webber, Eric Mendelsohn, Robert Leckey, and Léonid Sirota on the Effects of the Notwithstanding Clause" (Constitutional Forum, 2020) Grégoire Webber, “Notwithstanding rights, review, or remedy? On the notwithstanding clause and the operation of legislation” (University of Toronto Law Journal, 2021) Robert Leckey & Eric Mendelsohn, “The Notwithstanding Clause: Legislatures, Courts, and the Electorate” ( University of Toronto Law Journal,   2022) Geoffrey Sigalet, "The Truck and the Brakes: Understanding the Charter's Limitations and Notwithstanding Clauses Symmetrically" (Supreme Court Law Review, 2022) Grégoire Webber, “The notwithstanding clause, the operation of legislation, and judicial review” (Queen's University Legal Research Paper, 2022) Geoffrey Sigalet, “Legislated Rights as Trumps: Why the Notwithstanding Clause Overrides Judicial Review” (Osgoode Hall Law Journal, 2023)

Is free speech protected in Canada? Christine Van Geyn, Litigation Director, and Josh Dehaas, Counsel, for the Canadian Constitution Foundation join us to talk about their latest book, "Free Speech in Canada." The book provides a history of this important right and how it has evolved. This episode features guest host Sam Benzaquen, Vice President of the Runnymede Society’s student chapter at McGill University.

How can legal professionals better understand the meaning of the Canadian constitution? MP Scott Reid and Michael J. Scott discuss Primary Documents, "a searchable database of historical documents relating to the drafting and adoption of the Constitution of Canada." Their work aims to facilitate legal research and provide a better understanding of Canada's constitutional law and history. For more information, take a look at their website, primarydocuments.ca.

Did Canada breach its constitutional agreement with Alberta, prompting the creation of the Alberta Sovereignty Act? Professor Geoffrey Sigalet from the University of British Columbia and Jesse Hartery, Ph.D. candidate at Melbourne Law School, discuss the Alberta Sovereignty Act. This episode features guest host Jacob McConville, president of the Runnymede Society's student chapter at McGill University. For further reading, take a look at their joint paper, "The Frontiers of Nullification and Anticommandeering: Federalism and Extrajudicial Constitutional Interpretation."

Thank you for listening to Runnymede Radio! Tim Haggstrom, the host of Runnymede Radio and the Runnymede Society's National Director, has a special message for our listeners, reflecting on this past season's episodes and discussing our idea for next season's theme: self-censorship in Canadian law schools. Feel free to contact us and send your ideas for next season by emailing us at communications@runnymedesociety.ca.

Can administrative decisions be shielded from judicial scrutiny by section 33 of the Charter?  Professor Andy Yu from Western University discusses his forthcoming paper on whether legislators can pass on to administrative bodies the immunity afforded by the notwithstanding clause.

How can we remain committed to free speech while addressing misinformation and disinformation in our democracies? Has social media "aggravated the harm of speech and made legal responses less practical"? Professor Richard Moon of the University of Windsor dives into these important questions and more in his latest appearance on Runnymede Radio, building upon his latest book, The Life and Death of Freedom of Expression.

How will Bill C-63, commonly known as the Online Harms Act, impact Canada’s Human Rights Commission and Tribunal? Professor Dave Snow of the University of Guelph, discusses how descriptive statistics can help us understand the significant changes that Bill C-63 is expected to bring.

Join Ryan Alford, an Associate Professor at Lakehead University’s Bora Laskin Faculty of Law, as he dives into the intricacies of Canada’s Senate and its evolving role in protecting rights. He discusses a motion regarding the Notwithstanding Clause and its potential to create legislative deadlock. Alford emphasizes the historical significance of the Senate and critiques its impact on democracy. The conversation also uncovers the relevance of drafting history in understanding constitutional provisions, shedding light on the Senate's function in today’s political climate.

What is the force and scope of the Charter in administrative contexts? Professor Mark Mancini of Thompson Rivers University tackles this issue by taking a look at key cases that have marked significant shifts in the role that the Charter has played in administrative law.