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The Covid-19 pandemic has resulted in both federal and provincial governments putting in place measures and restrictions to protect the health of Canadians. While many of these measures have been implemented with the good intention of protecting the health of Canadians and reducing the stress on hospitals, the measures have also engaged the Charter in many different ways.
This timely program, “Covid-19 and The Charter” explores the different ways in which various government measures and restrictions have engaged and impacted civil liberties, criminal law and access to justice. This includes the Courts’ approach to Covid-19 related Charter challenges, including the level of deference to legislatures and the way the Courts have afforded that deference. Some of the ways Courts have departed from the usual principles of constitutional interpretation in the Covid-19 context will be highlighted.
Our experienced panel will discuss the issue of delay caused by Covid-19 in the criminal courts and the approaches the courts and the governments have taken in dealing with this delay including the Legal Aid introduction of Judge Led Intensive Case Management Certificates.
The program will address the ways in which Covid-19 has impacted access to justice in the criminal courts and the steps lawyers and other court participants can take to alleviate some of the concerns surrounding access to justice.
Topics include:
• How have government measures impacted civil liberties, criminal law and access to justice?
• What is the Courts’ approach to Covid-19 related Charter challenges?
• What is the level of deference to legislatures?
• How have Courts departed from the principles of constitutional interpretation?
• Issues of delay
• Impact on access to justice
Speakers
The Honourable Justice Rebecca Rutherford Read her bio
Justice Rutherford graduated from the University of Windsor Law School in 1985. She practiced as a criminal defence lawyer for 22 years before her appointment to the Ontario Court of Justice in 2008. Justice Rutherford presides at the College Park Courthouse in Toronto. Pre-Covid Justice Rutherford was the judicial lead of College Park’s Gladue Court. Justice Rutherford has presented at numerous criminal justice seminars and programs.
Jonathan Roth, Principal, Roth Advocacy P.C. Read his bio
Jonathan Roth is a skilled advocate widely recognized for his impeccable reputation within the legal and broader communities.
Before founding Roth Advocacy, Jonathan litigated on Bay Street both with an international law firm and the federal Department of Justice, where he advised and represented the Attorney General of Canada, and departments and agencies of government, before the courts and administrative tribunals. He has appeared in the Federal Courts and at all levels of court in Ontario, and has briefed matters before the Supreme Court of Canada.
Janani Shanmuganathan, Partner, Goddard & Shanmuganathan LLP Read her bio
Janani is a passionate and dedicated advocate. Her track record speaks for itself.
She has been counsel on almost 40 appeals at the Ontario Court of Appeal. She has argued at the Saskatchewan Court of Appeal and the Supreme Court of Canada. She was also co-counsel in R. v. Nur, the first case in over 30 years where the Supreme Court found a mandatory minimum sentence unconstitutional and struck it from the Criminal Code. Janani is now one of Canada’s leading experts on challenging mandatory minimum sentences, having been part of four other successful challenges.
Moderator: Sayeh Hassan, Staff lawyer, Justice Centre for Constitutional Freedoms Read her bio
Sayeh Hassan graduated from law school at the University of Ottawa in 2006 and was called to the Bar in 2007. She articled with Walter Fox & Associates, a boutique criminal defence firm in Toronto, where she was hired on as an associate and continued her criminal defence career for 13 years, before joining the Justice Centre for Constitutional Freedoms.
Read moreProgram details
Thursday February 17, 2022
5:15 - 6:30 p.m.
ZOOM - 2 step registration. You will receive the details to join in your confirmation email.
This program contains 25 minutes of Professionalism content and 50 minutes of Substantive content.
Registration Fee:
- Members: $49.00 + HST
- Member Licensing Candidates and New Calls: $25.00 + HST
- Friends of the TLA: $99.00 + HST
- Non-Members: $99.00 + HST
- Undergraduate Law School Students: Complimentary tickets are available before February 14, 2022.
- If you are a Friend-Student, please email your request for complimentary attendance to events@tlaonline.ca
No refunds after February 10, 2022 . An administrative fee of $25.00 will be applied to all cancellations.
Any opinions expressed by speakers are their own and are not necessarily the opinions of the Toronto Lawyers Association, its directors and staff.
This organization has been approved as an Accredited Provider of Professionalism Content by the Law Society of Ontario.