In August 1992, a group of seventeen Canadian leaders agreed to adopt the Charlottetown Accord, a colossal package of constitutional reforms that would have redefined the basic terms of the federation. However, less than two months later, the Accord was decisively rejected in Canada’s first — and to this day, only — nationwide referendum on the Constitution. Through interviews with ex-government ministers, constitutional negotiators, and legal experts, this series tells the story of how Cana ...
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Hosted by the Centre for Constitutional Studies, Extremism, Polarization, and the Future of Democracy is a podcast mini-series focused on the changing dynamic of public discourse and its implications for democratic politics. The series is based on a third-year undergraduate course in the Department of Political Studies at Queen's University that offered an intimate look at the twin phenomena of political extremism and polarization. The series connects with a range of academics, advocates, fi ...
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The “duty to consult” requires consultation with Indigenous groups when government action may impact “Aboriginal and treaty rights”. Through interviews with legal experts, this four-part series explores what the duty to consult is, where it comes from, and how it might change in future. Listen to learn more about Canadian Aboriginal Law, its interaction with Indigenous Laws and the United Nations Declaration on the Rights of Indigenous Peoples. Developed by student researchers at the Centre ...
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This podcast series is an intimate look at one of the most controversial topics in Canadian public discourse at the moment: free expression. The first season includes 11 episodes featuring in-depth interviews with a range of legal academics and experts. Blending academic insight with current affairs, the podcast will appeal to anyone interested in the law of free expression, and especially those wanting to make sense of contemporary politics. The series will address a number of important que ...
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In June 2022, the US Supreme Court made global headlines when it overturned Roe v Wade, a nearly 50-year-old precedent that guaranteed a qualified constitutional right to abortion in the US. In the blink of an eye, the Court’s intervention ended this protection, and flipped the question of abortion regulation back to the 50 states, resulting in extreme disparities in the accessibility and legality of abortion across the country. While none of this altered the legal landscape in Canada, it di ...
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In this episode, we speak with Deeyah Khan, multi-award-winning documentary filmmaker and UNESCO Goodwill Ambassador for Artistic Freedom and Creativity. We discuss the importance of compassion, empathy, and non-judgment in her 2017 Emmy award-winning film, White Right: Meeting the Enemy. Topics include the promises and perils of engaging across di…
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#6 Has the Internet Supercharged Extremism?
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In this episode, we speak with Amarnath Amarasingam, Assistant Professor in the School of Religion and Department of Political Studies at Queen’s University. We discuss the changing contours of extremism in the digital age, the role of technology in moving the fringe into the mainstream, and his co-authored journal article about far-right extremism…
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#5 How Should We Deal With Dangerous Ideas?
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In this episode, we speak with Ronald Beiner, Professor Emeritus of Political Science at the University of Toronto and Fellow of the Royal Society of Canada. We discuss the philosophical roots of anti-democratic and anti-egalitarian movements and his 2018 book, Dangerous Minds: Nietzsche, Heidegger, and the Return of the Far Right. Topics include t…
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#4 Why Is Pluralistic Dialogue Important?
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In this episode, we speak with Vivek Venkatesh, Professor and Chair in the Department of Art Education at Concordia University and UNESCO Co-Chair in Prevention of Radicalisation and Violent Extremism. We discuss the importance of pluralism in combating extremism and some of Vivek's projects that foster such dialogue. Topics include a public educat…
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In this episode, we speak with Carissima Mathen, Professor of Law at the University of Ottawa. We discuss some of the practical difficulties of regulating expression on digital platforms, the importance of striking the right balance between free expression and mitigating online harms, and Carissima’s recent book chapter on digital regulations and f…
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#2 What Does Contemporary Extremism Look Like?
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In this episode, we speak with Daniel Lombroso, journalist and filmmaker at The New Yorker. We discuss the dramatic emergence of the 'alt-right' as documented in his critically acclaimed 2020 debut film, White Noise: Inside the Racist Right. Topics include the entrepreneurial nature of contemporary extremism, the ethical dilemmas of covering extrem…
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#1 What’s Happening to Our Public Discourse?
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In this introductory episode, Dax and Kaitie explain the genesis of the series, survey the state of contemporary public discourse, and explore how extremism and polarization may impact the future of democracy.
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#4 The Future of Reproductive Justice in Canada
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In the fourth and final episode of the series, Professor Joanna Erdman (Dalhousie University, Schulich School of Law) discusses the future of the reproductive justice movement in Canada. Professor Erdman also provides reflections on the precise role that constitutional law — and especially the equality rights section of the Canadian Charter of Righ…
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#3 The Politics of Abortion, Post-Morgentaler
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In the third episode of the series, Professor Rachael Johnstone (Dalhousie University, Department of Political Science) talks about the politics of abortion in the years since the 1988 Morgentaler judgment. In particular, Professor Johnstone focuses on the Mulroney government’s failed attempts to pass a new abortion law, and on the regulations that…
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In this second episode of our four-part series, Professor Kerri Froc (University of New Brunswick Faculty of Law) provides a comprehensive survey of the Supreme Court of Canada’s 1988 Morgentaler decision — the decision that invalidated Canada’s criminal restrictions on abortion while stopping short of recognizing a constitutional right to abortion…
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In this first episode, Edmonton-based lawyer Marie Gordon provides some background on the story of Henry Morgentaler, a physician who successfully challenged the validity of Canada’s criminal restrictions on abortion. Marie also talks about her own work with Dr Morgentaler, and offers reflections on the psychology that fuelled his fight for abortio…
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What Should Be Done About ‘Lawful but Awful’ Expression Online?
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This bonus episode to wrap up season 1 features a conversation between Richard Moon, Carissima Mathen, and Emily Laidlaw focused on a consistent theme in the podcast: the challenges and complexities associated with online expression. Moderated by Dax, they discuss the problem of 'lawful but awful' online expression, potential law and policy respons…
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In this episode, Dax speaks with Carissima Mathen, Professor of Law at the University of Ottawa. They discuss the legal and political landscape of free expression at the moment, the challenges of meaningfully regulating online expression, and the future of free expression in Canada. Audio post-production by Mike Contos. Music by Truth and Fact by H…
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In this episode, Dax speaks with Ummni Khan, Associate Professor in the Department of Law and Legal Studies at Carleton University. They discuss the subjective nature of expressive harms, the politics and perils of academic freedom, and the potential tensions between anti-oppression and free expression, among other things. Audio post-production by …
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In this episode, Dax speaks with Shannon Dea, Dean of Arts and Professor of Philosophy at the University of Regina. They discuss the contemporary politics of free expression, the nature and importance of academic freedom, and the alleged crisis of free expression on university campuses, among other things. Audio post-production by Mike Contos. Musi…
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In this episode, Dax speaks with Bruce Pardy, executive director of Rights Probe and Professor of Law at Queen’s University. They discuss the nature and importance of freedom in a democratic society, the legitimacy of legal restrictions on expression, and the relationship between free expression and equality, among other things. Audio post-producti…
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Does Social Justice Need Free Expression?
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In this episode, Dax speaks with Faisal Bhabha, Associate Professor at Osgoode Hall Law School. They discuss different approaches to freedom that are consequential for free expression, the relationship between social justice and free expression, and his own academic freedom experience, among other things. Audio post-production by Mike Contos. Music…
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In this episode, Dax speaks with Joshua Sealy-Harrington, Assistant Professor in the Lincoln Alexander School of Law at Toronto Metropolitan University. They discuss the uses and abuses of free expression, how free expression is related to the unequal distribution of power in society, and how and why context is important for battles over free expre…
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In this episode, Dax speaks with James Turk, the Director of the Centre for Free Expression at Toronto Metropolitan University. They discuss the important differences between free expression and academic freedom, why censorship sometimes doesn't work, and what's happening on university campuses, among other things. Audio post-production by Mike Con…
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In this episode, Dax speaks with Richard Moon, Professor of Law at the University of Windsor and author of several books about free expression in Canada. They discuss some of the challenges facing free expression at the moment, how approaches to free expression are changing, and what can be done, if anything, to improve public discourse. Audio post…
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How Is Free Expression Protected in Canada?
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In this episode, Dax speaks with Jamie Cameron, an expert on Canadian constitutional law who recently retired from Osgoode Hall Law School after more than three decades of teaching and research. They discuss legal protections for expression, the culture of free expression in Canada, and some important court cases, among other things. Audio post-pro…
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In this inaugural episode, Dax provides an introduction for the series, explaining the concept of free expression, its importance for democratic societies, and why it's the focus of so much controversy recently. The episode also features an interview with Jacob Mchangama, author of a new book about the history of free expression, titled Free Speech…
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#5 Charlottetown, Part 3: Canada Says No!
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Having reached a historic consensus at Charlottetown, PEI, Canada’s leaders set about selling their reforms to the Canadian public, culminating in Canada’s first (and still only) constitutional referendum on October 26, 1992. This series is produced by the Centre for Constitutional Studies, which is located at the University of Alberta in Edmonton …
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#4 Charlottetown, Part 2: The Kitchen Sink Accord
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In March 1992, Canada’s leaders return to the negotiating table to try and achieve a new constitutional consensus. Can they finally find a settlement that reconciles their seemingly conflicting constitutional visions? This series is produced by the Centre for Constitutional Studies, which is located at the University of Alberta in Edmonton on Treat…
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#3 Charlottetown, Part 1: Constitutional Brainstorming
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The failure of the Meech Lake Accord puts the brakes on Mulroney’s Quebec-centric constitutional mission. To regroup, Mulroney launches an extraordinary series of public consultations to discover what, exactly, Canadians want from their Constitution. This series is produced by the Centre for Constitutional Studies, which is located at the Universit…
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#2 Meech Lake: The People v. The Establishment
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The election of Brian Mulroney ushers in a new era of constitutional politics in Canada, but Canadians across the political spectrum take issue with his efforts to get Quebec’s signature on the Constitution. This series is produced by the Centre for Constitutional Studies, which is located at the University of Alberta in Edmonton on Treaty 6 territ…
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#1 Patriation: “Night of the Long Knives” or National Triumph?
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In November 1981, Prime Minister Pierre Trudeau and 9 provincial premiers approved an extensive package of constitutional reforms without the consent of Quebec, setting Canada up for more than a decade of political wrangling over its Constitution. This series is produced by the Centre for Constitutional Studies, which is located at the University o…
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Meaghan Conroy (Partner, MLT Aikins LLP) discusses the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP), and An Act respecting the United Nations Declaration on the Rights of Indigenous Peoples (Bill C-15). She explores what impact UNDRIP and Bill C-15 may have on Canadian Aboriginal Law – particularly the duty to consult. Me…
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Sara Mainville (Partner, Olthuis Kleer Townshend LLP) discusses what the duty to consult means from an Anishinaabe perspective. She explains how Indigenous Law relates to the duty to consult, treaty-making, and reconciliation. We also touch upon the United Nations Declaration on the Rights of Indigenous Peoples. Sara Mainville is a Partner at Olthu…
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Professor John Borrows discusses what Indigenous Law and Aboriginal Law are, and how Indigenous Law relates to the duty to consult. John Borrows is a Professor and the Canada Research Chair in Indigenous Law at the University of Victoria’s Faculty of Law. He was appointed as an Officer of the Order of Canada in 2020, and is a member of the Chippewa…
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#1 Interview with Professor Eric M. Adams
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Episode 1: Interview with Professor Eric M. Adams Vice Dean and Professor Eric M. Adams (University of Alberta) walks us through the duty to consult doctrine’s background, context, purpose, and basics. He also discusses some key cases concerning the duty to consult. Eric M. Adams is Vice Dean and Professor at the University of Alberta’s Faculty of …
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