Cronkite Memorial Lecture sponsored by McKercher LLP
General Guest Speakers
UR Pride lead lawyer Adam Goldenberg explores how the use of the notwithstanding clause by Canadian legislatures reflects rising populism and the erosion of norms that safeguard the rule of law in a constitutional democracy.
Notwithstanding the Judiciary: Populism and the Courts in a Constitutional Democracy
Last year, Saskatchewan’s legislature invoked section 33 of the Charter of Rights and Freedoms—the “notwithstanding clause”—in enacting a so-called “Parents’ Bill of Rights”. The legislature did so pre-emptively, before any court had ruled that the law was unconstitutional. This month, the Court of Appeal will hear Government of Saskatchewan v. UR Pride Centre for Sexuality and Gender Diversity, in which lawyers for the provincial government will argue that, once a law has invoked the notwithstanding clause, the courts lose jurisdiction to consider whether that law unreasonably limits Charter rights.
In this lecture, Adam Goldenberg, lead counsel for UR Pride, will explore how the use of the notwithstanding clause by Canadian legislatures reflects rising populism, particularly on the political right, and the erosion of norms that safeguard the rule of law in a constitutional democracy. When our elected representatives seek to silence the courts, what does that mean for politically unpopular minorities—and for our democracy? And how should lawyers respond?
About Adam Goldenberg:
Adam Goldenberg is a partner at McCarthy Tétrault LLP, based in Toronto. He represents many of Canada’s leading companies, as well as individuals and public interest organizations, in commercial, regulatory, and constitutional litigation. He has appeared in 24 appeals to the Supreme Court of Canada, and has been counsel in the courts of British Columbia, Alberta, Saskatchewan, Manitoba, Ontario, and New Brunswick, as well as in the federal courts and in private arbitrations. He is lead counsel to UR Pride Centre for Sexuality and Gender Diversity in its ongoing constitutional challenge to Saskatchewan’s law on the use of gender diverse students’ chosen names and pronouns.
Event Details
- When:
- Time:
- 12:00 PM - 01:00 PM CST
- Location:
- MLT Aikins Lecture Theatre (Room 150), College of Law, 15 Campus Drive
- File:
- Lecture Poster