Saba Ahmad is a Litigator working on environmental, administrative and commercial matters in Toronto. Learn more at www.sabaahmad.com
You are welcome to attend the OBA’s annual Charter conference.
This year, the conference will be fully online, via Zoom. Saba is co-chairing the conference and moderating a panel discussion about whether the government can be cruel to a corporation – in other words, whether the s. 12 protection against cruel and unusual punishment extends to corporations.
OBA | Professional Development
PROGRAM REGISTRATION IS ONLINE http://www.oba.org/pd
300-20 Toronto St. Toronto, ON M5C 2B8 | Toll Free: 1-800-668-8900 | Tel: 416-869-1047 | Fax: 416-642-0424
19th Annual Charter Conference
Constitutional, Civil Liberties and Human Rights Law
Date: Wednesday, October 7, 2020 | 9:00 am to 2:00 pm
Location: Via Webcast
Saba Ahmad, Saba Ahmad Barrister Professional Corporation
Nicola Simmons, Keel Cottrelle LLP
This program is eligible for up to 4.5 Substantive Hours
Leading constitutional scholars and practitioners will join esteemed members of the Bench and bar to bring you up to date on essential developments in Canadian Charter of Rights and Freedoms (“Charter”) jurisprudence and practice. Learn about recent Supreme Court of Canada (SCC) decisions, upcoming cases and developing trends in Charter law. If you deal with Charter issues in your practice, or if you are a Charter enthusiast, do not miss this essential event.
9:00 am Welcome and Opening Remarks
9:05 am The Year in Review: Critical Updates on Significant Charter Litigation
Yashoda Ranganathan, Ministry of the Attorney General, Constitutional Law Branch Get your need-to-know overview of key constitutional cases.
9:25am Does Section 12 Protect Corporations Against Cruel and Unusual Punishment?
Ravi Amarnath, Ministry of the Attorney General, Constitutional Law Branch
Christopher Bredt, Borden Ladner Gervais LLP
Najma Jamaldin, Barrister & Solicitor
Penelope Simons, Associate Professor and Vice Dean Research, University of Ottawa
Ellen Weis, Assistant Crown Attorney, Ministry of the Attorney General
Moderator: Saba Ahmad, Saba Ahmad Barrister Professional Corporation
Does section 12 of the Charter (the protection against cruel and unusual punishment) apply to corporations? Making sense of Attorney General of Quebec v. 9147-0732 Québec Inc.
• Are there circumstances in which Charter protection for corporations is appropriate?
• Does applying Charter protections to non-human legal persons risk the rights of the human beings it is primarily intended to protect?
10:35 am Navigating Charter Rights during a Public Health Emergency
Michael Bryant, Canadian Civil Liberties Association
Jessica Orkin, Goldblatt Partners LLP
The COVID-19 pandemic and associated government response has brought a myriad of Charter issues to the fore. Join us to explore:
Protecting the Charter rights of at-risk groups: Do homeless persons, migrants and medically-vulnerable institutionalized persons face particular risks of having their Charter rights breached?
• Unraveling police powers and the Charter implications
• Tracing, testing and treatment – Privacy and Charter concerns
11:30 am Break
11:40 am Making Sense of the Law of Adverse Effects Discrimination under Section 15
Rochelle Fox, Ministry of the Attorney General, Constitutional Law Branch
Professor Jennifer Koshan, University of Calgary, Faculty of Law
Professor Jonnette Watson Hamilton, University of Calgary, Faculty of Law
Moderator: Savitri Gordian, Ministry of the Attorney General, Constitutional Law Branch
What is the test for establishing adverse effects discrimination where the claimant group is identified by a protected ground (e.g. a group of women)?
What evidence is required to establish that an adverse effect is “based on” a protected ground?
• Exploring the arguments made in Fraser et al v Attorney General of Canada as we await the SCC’s decision in this case where it is alleged that a law that is neutral on its face has an adverse impact on a group identified by a protected ground
12:30pm Award Presentation
1:00pm Indigenous Peoples and the Charter
The Honourable Sébastien Grammond, Federal Court of Canada
Sara Mainville, Olthuis Kleer Townshend LLP
• Collective Indigenous rights and individual Charter rights: How does the Charter serve Indigenous persons and groups, or does it?
• The relationship between section 25 of the Charter and section 35 of the Constitution Act
• What’s next after the Ktuxana decision?
1:50 pm Questions and Concluding Remarks
2:00 pm Program Concludes