Fundamental Freedoms and the Canadian Charter is an elective course in Osgoode’s Professional LLM in Constitutional Law. The course examines section 2 of the Charter – freedom of expression, religion, assembly, and association – and explores how these freedoms shape constitutional debate in Canada today.
The course is taught by Justice Ranjan K. Agarwal, an alumnus of the LLM in Constitutional Law and a former constitutional litigator who appeared in 19 appeals before the Supreme Court of Canada prior to his appointment to the bench. Before becoming a judge, he was a partner at Bennett Jones LLP, where his practice focused on public and constitutional law and complex litigation. His experience litigating – and now adjudicating – Charter cases informs the course’s practical focus.
“The fundamental freedoms are more than just constitutional rights,” Justice Agarwal explains. “They embody our values as Canadians. And, as news headlines have shown, the boundaries of these rights are ever-changing and evolving to respond to current events, and our changing society. In many ways, the fundamental freedoms are the heartbeat of our Charter, and understanding how they operate and interact deepens our understanding of our constitution.”
Because the fundamental freedoms are as much about policy and values as they are about law, the course brings together lawyers and non-legal professionals. “Non-legal professionals have much to offer the learning experience,” he says. “They bring their own backgrounds and professional judgments to bear, which can inform our debate about whether the limits on these freedoms are appropriate, and make sense in our current society.”
For those without formal legal training, historical context is key. “For non-legal professionals, it’s helpful to understand the constitutional dialogue that led to the inception of the Charter in 1982,” he explains. “By putting the fundamental freedoms into a historical context, it’s easier to understand why these rights are fundamental, and how the Supreme Court has interpreted and applied them. It’s also helpful to engage with the recent debates about the freedoms in the media and our public square, including about the role of the notwithstanding clause.”
Justice Agarwal approaches the subject from a practical perspective shaped by his experience litigating freedom cases. “In my class, the objective is for students to learn and understand the doctrine underlying the fundamental freedoms. This knowledge comes in the way of lectures, with classes devoted to the history of the Charter, each of the freedoms, and the limiting clauses.”
“But I also want to expose students to the art of litigating these cases,” he adds. “I try to do that by welcoming advocates to our classroom to talk about how they have argued important Charter cases, and their experiences as constitutional lawyers. I also organize small group discussions where students think through the advice they would give a client about a Charter problem.”
“My approach to teaching is to focus on the in-court or the ‘on the ground’ experience of the cases that we study,” he says. “It’s important that students leave my class with a good grounding in the doctrine. But I also want students to understand the narrative that forms a background to the litigants, the lawyers, and the judges on the case.”
He also emphasizes classroom culture. “I want my classroom to be an inclusive space, where students of all different backgrounds, experiences, and viewpoints can share their perspectives in a respectful and civil environment.”
By the end of the course, students are better equipped to engage confidently with constitutional debates in their professional contexts. “My hope is that students will be able to quickly grasp the constitutional debates happening around them, whether that’s in their office or from the newspaper. They’ll be able to understand why certain conduct is protected by the Charter, and other isn’t. They’ll be able to consider the competing values that underpin a debate about our freedoms, and work through the analytical framework. And they’ll be able to understand what evidence is necessary to make or respond to a Charter case that engages our freedoms.”
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