Episode Notes

The constitutional framework for balancing charter rights and national security concerns including presentations of the conference panel Constitutional Democracy: Balancing Security and Civil Liberties Panel: Irwin Cotler, Errol Mendes, Patrice Garant, moderated by Nathalie Des Rosiers.

• Canadian Charter of Rights and Freedoms and the presumption of innocence.


• Errol Mendes (Law, University of Ottawa) considers the constitutional issues related to the legislation and the re-alignment of rights and liberties.


• Irwin Cotler (Law, McGill & Member of Parliament) how terrorism justifies the new legislation’s departure from the traditional due process model.


• Canada’s judicial review of the restriction of fundamental rights including the Oakes test.


• Patrice Garant (Law, University of Laval) on judicial oversight and its constitutional logic.


• Alan Leadbeater (Deputy Information Commissioner of Canada) examines the shift of power from the citizen to the state operated by recent amendments to the criminal code.

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