Welcoming Remarks

Lorne Sossin, Dean Designate, Osgoode Hall Law School

Introduction and Overview

Patrick J. Monahan, Vice-President Academic

and Provost York University

A Preview of Upcoming Rulings

Bruce B. Ryder, Assistant Dean First Year
Osgoode Hall Law School, York University

The Charter and Omar Khadr

Does the federal government’s decision not to request Omar Khadr’s return to Canada violate his Charter rights? Is a remedy available, and should the Court grant an order requiring the federal government to request his release from military detention at Guantánamo Bay in Cuba? What do we know about Khadr’s treatment, and the US military commissions? What
should be determinative: Khadr’s circumstances or institutional arguments against judicial review?

Moderator
Adam Dodek, Associate Professor, Faculty of Law, University of Ottawa

Speakers
Jane Arbour, General Counsel, Human Rights Law Section
Department of Justice Canada
Audrey Macklin, Professor, Faculty of Law, University of Toronto
Alex Neve, Secretary General, Amnesty International Canada
Rebecca S. Snyder, Deputy Director, Department of the
Navy, Office of the Judge Advocate General (USA)

Concurrent Panels - Choose One of:

Panel A: Freedom of the Press and the Rights of the Media

Will the Court protect the media’s constitutional rights in a cluster of appeals in 2009 which raised key questions about the law of defamation, journalist-source privilege, and publication bans? How does the new defence for “public interest responsible communication” – which was introduced in Grant v. Torstar Corp. – change the law of defamation? How might the Court’s key decisions on defamation law affect the other appeals, still under reserve, in the privilege and publication ban cases?

Moderator
Janet Minor, Constitutional Law Branch
Ontario Ministry of the Attorney General

Speakers
Jamie Cameron, Professor, Osgoode Hall Law School, York University
Peter Downard, Fasken Martineau DuMoulin LLP
Brian MacLeod Rogers, Barrister & Solicitor

Panel B: Freedom of Expression and Association

In 2009 the Court’s fundamental freedoms docket included important cases on expressive and associational freedom. What is the significance of the Court’s long-awaited decision in Translink? What is the connection between freedom of information and section 2(b) in the Criminal Lawyers’ Association appeal? What are the Court’s next steps under section 2(d); in
particular, what is at stake in Fraser v. Ontario, which requires the Court to decide the status of post-Dunmore legislation in light of B.C. Health Services?

Moderator
Lori Sterling, Deputy Minister, Ontario Ministry of Aboriginal Affairs

Panel
Fay Faraday, Cavalluzzo, Hayes, Shilton, McIntyre & Cornish LLP
Brad Elberg, Heenan Blaikie LLP
Daniel Guttman, Counsel, Constitutional Law Branch
Ontario Ministry of the Attorney General
Brian Slattery, Professor, Osgoode Hall Law School

Luncheon Address/Keynote Speaker

Rebecca Snyder, Deputy Director
Navy-Marine Corps Appellate Defense Division

Concurrent Panels - Choose One of:

Panel C: Criminal Law - Legal Rights and Remedies

What emerged from the Court’s vital decisions in Grant, Harrison and Suberu on search, investigative detention and the right to counsel? How does the Court’s revised framework for the exclusion of evidence work? How have these cases clarified the law?

Moderator
Alan Young, Associate Professor, Osgoode Hall Law School

Panel
Jonathan Dawe, Sack Goldblatt Mitchell LLP
Steven Penney, Associate Professor, Faculty of Law

University of Alberta
Marilyn Pilkington, Associate Professor, Osgoode Hall Law School
Jennifer M. Woollcombe, Counsel, Crown Law Office
Ministry of the Attorney General of Ontario

Gerald Chan, Ruby and Shiller (paper only)

Panel D: Federalism/Securities Reference

There are challenging federalism issues before the Court at this time. Will the Court uphold the Assisted Human Reproduction Act? What kinds of arguments will be made against the proposed legislation in the upcoming federal securities reference, and what chance do they have of succeeding?

Moderator
Warren Newman, Senior General Counsel, Constitutional and Administrative Law Section, Department of Justice Canada

Panel
Peter W. Hogg, QC, Blake, Cassels & Graydon LLP
Jean Leclair, Professor, Faculté de Droit, Université de Montréal
Poonam Puri, Associate Professor, Osgoode Hall Law School
Wade Wright, Associate in Law, Columbia Law School

Freedom of Religion

To what extent should section 2(a) protect individuals from laws which conflict with religious beliefs? Why did Chief Justice McLachlin uphold a mandatory photo requirement which infringed the religious freedom of Hutterites seeking drivers’ licences? Why did Abella J. dissent, and how should the proportionality analysis be conducted in a case of this kind?

Moderator
Michel Hélie, Director, Ministry of the Attorney General (Ontario)
Legal Services Division, Constitutional Law Branch

Panel
Benjamin Berger, Associate Professor, Faculty of Law

University of Victoria
Robert E. Charney, General Counsel, Constitutional Law
Branch, Ministry of the Attorney General of Ontario
Nathalie Des Rosiers, General Counsel, Canadian Civil

Liberties Association
Richard Moon, Professor, Faculty of Law, University of Windsor