The topic of the exchange of sexual services for consideration, more commonly referred to as prostitution, is quite controversial and often lends itself to strong opinions on both sides of the debate. However, the constitutionality of such work in Canada has developed rapidly, leaving many Canadians confused on its legality. A thorough answer to this seemingly simple question requires a journey with Bobbie Alvernaz through the development of the law on this issue; how Canada arrived at the laws on the books today, the claims in favour of the current laws, and how dignity and equality rights are ultimately central to these legal decisions. 

In this episode, we discuss and break down this development with our esteemed guest, Professor Debra Haak. Professor Haak is currently an assistant professor at Queen’s law and has published several articles on the topic of the constitutionality of prostitution in Canada. Professor Haak’s research and publication focus specifically on how law and policy in Canada contend with the different interests of individuals and groups in a diverse society. Her work also explores how legal decision makers, including judges and policy makers, make difficult choices between and among these differing individuals and groups in a liberal and constitutional legal context.

Bobbie Alvernaz– Producer, Host, Editor

Music: https://www.bensound.com

Pro Bono Radio is part of the Queen’s chapter of Pro Bono Students Canada. The Pro Bono Radio team are not lawyers, and this is not legal advice.

Subscribe to this podcast on Apple Podcasts, Google Play, Spotify and Stitcher!

If possible, I would like to provide a list of publications of my host as follows: 

Research of our guest, Professor Debra Haak (Peer-Reviewed): 

“Revisiting the Analytical Distinction Between Section 7 and Section 1 of the Charter: Legislative Objectives, Policy Goals, and Public Interests” (forthcoming, Supreme Court Law Review)

“The Case of the Reasonable Hypothetical Sex Worker” (2022) 60:1 Alberta Law Review 205

“The Good Governance of Empirical Evidence about Prostitution, Sex Work, and Sex Trafficking in Constitutional Litigation” (2021) 46:2 Queen’s Law Journal 187

“Re(de)fining Prostitution and Sex Work: Conceptual Clarity for Legal Thinking” (2019) 40 Windsor Review of Legal & Social Issues 67

“The Initial Test of Constitutional Validity: Identifying the Legislative Objectives of Canada’s New Prostitution Laws” (2017) 50:3 UBC Law Review 657

Research Referred to in the Podcast: 

The Good Governance of Empirical Evidence about Prostitution, Sex Work, and Sex Trafficking in Constitutional Litigation (2021) 46:2 Queen’s Law Journal 187 https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3820090.

Re(de)fining Prostitution and Sex Work: Conceptual Clarity for Legal Thinking (2019) 40 Windsor Review of Legal & Social Issues 67 https://ssrn.com/abstract=3333280.

The Initial Test of Constitutional Validity: Identifying the Legislative Objectives of Canada’s New Prostitution Laws (2017) 50:3 UBC Law Review 657 https://ssrn.com/abstract=3031586. 

Canada (Attorney General) v Bedford, 2013 SCC 72 

Sex Work Laws Unconstitutional: Canada (Attorney General) v. Bedford, Supreme Court of Canada 2013. (2015), online: Ontario Women’s Justice Network https://owjn.org/2015/10/01/sex-work-laws-unconstitutional-canada-attorney-general-v-bedford-supreme-court-of-canada-2013/

Prostitution Criminal Law Reform: Bill C-36, the Protection of Communities and Exploited Persons Act. (2018), online: Department of Justice Canada. https://www.justice.gc.ca/eng/rp-pr/other-autre/c36fs_fi/

Technical Paper: Bill C-36, An Act to amend the Criminal Code in response to the Supreme Court of Canada decision in Attorney General of Canada v. Bedford and to make consequential amendments to other Acts (Protection of Communities and Exploited Persons Act). (2014). Department of Justice Canada. https://www.justice.gc.ca/eng/rp-pr/other-autre/protect/protect.pdf

Podcast: Play in new window | Download

Subscribe: RSS

This show explores the law of finders: This is the term used to refer to the collection of rules governing ownership of lost or abandoned property. Everybody learns a simple rule at an early age: finders keepers. But while the law does back this phrase to an extent, it’s often much more complicated. We explore some of the case law and look at the many factors that the courts consider when deciding which party gets to keep a found item. We also interview Professor Mohamed Khimji of Queen’s Law to gain his insight on why this area of law is so convoluted and how people should approach it. 

Credits:

Producer, Host and Editor: Mukhtar Hindi

Music:

Intro Music – QubeSounds 

https://pixabay.com/music/beats-abstract-fashion-pop-131283/

Gavel Sound Effect – FableCityRadio

https://pixabay.com/sound-effects/gavel-of-justice-124029/

Pro Bono Radio is part of the Queen’s chapter of Pro Bono Students Canada. The Pro Bono Radio team are not lawyers, and this is not legal advice.

Subscribe to this podcast on Apple Podcasts, Google Play, Spotify and Stitcher!

Podcast: Play in new window | Download

Subscribe: RSS

In August 2022, the State of California restricted the use of rap lyrics by prosecutors in criminal trials by passing a Bill which now requires judicial review of rap lyrics prior to admittance. 

This new Bill across the border offers an opportunity to assess the admissibility of rap lyrics in Canadian criminal trials.

This is not a podcast that is aimed to make you like rap music. This podcast is not trying to claim that all rappers who are charged with criminal offences are innocent. This podcast is concerned with something much more simple; the denial of justice.

Our esteemed guest, Professor Lisa Kelly, joins us on this discussion to help us break down and critically analyze the use of rap lyrics in court as it concerns the law of evidence. Professor Kelly is currently an assistant professor at the Queen’s Faculty of Law where she teaches Criminal Law and Evidence and has been known for her scholarship particularly in the area of evidence.

Production

Afsheen Chowdhury – Producer, Host, Editor, Researcher 

Nazneen Sindha – Researcher, Producer

A.J Davidson – Researcher

Music: https://www.epidemicsound.com/ (Alcove Pacino, Jobii)

Pro Bono Radio is part of the Queen’s chapter of Pro Bono Students Canada. The Pro Bono Radio team are not lawyers, and this is not legal advice.

Subscribe to this podcast on Apple Podcasts, Google Play, Spotify and Stitcher!

Podcast: Play in new window | Download

Subscribe: RSS

As a historical point of contention for the Canadian Charter of Rights and Freedoms, section 33, also known as the Notwithstanding Clause, has been a topic of discussion for decades. What does section 33 mean? How did it come about? What have courts said about it in the past? Can its use be limited? These are inquiries from various media sources that are answered in this podcast.

In this episode, I am joined by Professor Jacob Weinrib to discuss section 33 of the Charter. As a public and constitutional law instructor, Professor Weinrib has taught at Queens Law since 2015. He has been published in several books and is the author of his own book (Dimensions of Dignity: The Theory and Practise of Modern Constitutional Law) with a second one currently in the works.

Shayla Joshi: Host, Producer, Editor

Music: https://wavs.com/ by Aaron Dean

Pro Bono Radio does not provide legal advice as this is a student driven initiative aiming to increase access to legal education.

Subscribe to this podcast on Apple Podcasts, Spotify, Google Play, and Stitcher!

Podcast: Play in new window | Download

Subscribe: RSS

Internet regulation policies have huge implications for the Canadian public given the central role played by online platforms in our daily lives. Last year, the Canadian government put forth a series of proposals concerning internet regulation that proved to be quite contentious. There was Bill C-10 (now C-11) which would amend the Canadian Broadcasting Act to bring it up to speed with the internet age. There was also an online harms proposal that would regulate social media platforms in how they handle harmful content. These proposals touch on many important topics including freedom of expression, consumer choice, and the internet experiences that Canadians can expect to have going forward.

Joining the Pro Bono Radio team to break down these proposals is Dr. Michael Geist. Dr. Geist is currently a Law Professor at the University of Ottawa. He holds the Canada Research Chair in Internet and E-commerce Law and is a member of the Centre for Law, Technology and Society. He’s the editor of multiple copyright books and he serves as an editor for several monthly tech law publications. He also has a popular blog where he regularly analyzes internet and intellectual property law issues, including those that we discuss in this episode.

Production

Jordan Davis – Producer, Host and Editor

Pro Bono Radio is part of the Queen’s chapter of Pro Bono Students Canada. The Pro Bono Radio team are not lawyers, and this is not legal advice.

Subscribe to this podcast on Apple Podcasts, Google Play, Spotify and Stitcher!

Podcast: Play in new window | Download

Subscribe: RSS

This episode provides an examination of tort reform in Canada, with an expert in the field. This episode examines the existing tort system, how it could be changed, who is seeking this change, and (in that vein) how different people will benefit from this.  We examine common misconceptions about the law of torts, and how said misconceptions lead to calls for tort reform. We also examine how the movement for tort reform has spread into Canada from abroad. 

Joining the Pro Bono Radio team to discuss tort reform in Canada is Professor Mary-Jo Maur. Professor Maur is currently a professor at Queen’s University of Law who teaches tort law, family law and dispute resolution.

Production

John McMahon – Producer, Host and Editor

Pro Bono Radio is part of the Queen’s chapter of Pro Bono Students Canada. The Pro Bono Radio team are not lawyers, and this is not legal advice.

Subscribe to this podcast on Apple Podcasts, Google Play, Spotify and Stitcher!

Podcast: Play in new window | Download

Subscribe: RSS

Britney Spears has made headlines in the media since 2008, most notably with the #FreeBritney movement to inspire the end to her conservatorship controlled by her father. Fans were concerned for the 13 years that her conservatorship lasted. She was still performing and recording albums, which many thought was strange as conservatorships are imposed on those who are incapable of making their own personal decisions. Her life has sparked conservation about similar laws in Canada and what might have happened if she were in Canada.

Joining the Pro Bono Radio team to discuss Ontario’s legislation around decision-making laws is Professor David Freedman. David is currently a professor at Queen’s University of Law who teaches trusts, wills and estates, and estate litigation, to name a few. David will provide insight into the Guardianship process in Ontario.

Production

Jennifer Jeong & Emma Halliday – Producer, Host and Editor

Pro Bono Radio is part of the Queen’s chapter of Pro Bono Students Canada. The Pro Bono Radio team are not lawyers, and this is not legal advice.

Subscribe to this podcast on Apple Podcasts, Google Play, Spotify and Stitcher!

Podcast: Play in new window | Download

Subscribe: RSS

“Governments are going to have to think more seriously about whether just a negative role in the freedom of expression is going to be enough”. 
Section 2(b) of the Charter of Canadian Rights and Freedoms is premised on values that have been recognized as essential to society for millennia. The context in which the freedom of expression is evoked, however, is changing before our eyes. Join a first-year queens law student, Austin Layng, and Associate Professor at Queen’s Faculty of Law, Cherie Metcalf, to learn about what activity is covered under the freedom of expression, how the government can justifiably infringe freedom of expression, and how Freedom Convoy and the internet challenge how we think about freedom of expression. 

Production

Austin Layng – Producer, Host and Editor

Pro Bono Radio is part of the Queen’s chapter of Pro Bono Students Canada. The Pro Bono Radio team are not lawyers, and this is not legal advice.

Subscribe to this podcast on Apple Podcasts, Google Play, Spotify and Stitcher!

Podcast: Play in new window | Download

Subscribe: RSS

Ontario’s Succession Law Reform Act governs the province’s Wills & Estates law.  As a statute, it deals with issues like the formalities for making a valid Will, how someone’s property is distributed when they die without a Will and the rules governing dependent support requirements for estate distribution.  New changes to the SLRA came into effect in January of 2022 and could have some potentially profound implications.  A few of these changes include; witnessing Wills with the help of audio-visual technology, a new definition for “separated,” and that one’s Will is no longer automatically revoked upon marriage.

Joining the Pro Bono Radio team to discuss the impact of these new changes to the SLRA is Professor David Freedman.  Professor Freedman is an associate professor of law at Queen’s University and counsel for Wagner Sidlofsky LLP.  He teaches topics that include Property, Trusts and Wills & Estates.  These topics led him to found Canada’s first Elder Law Legal aid clinic located at Queen’s University.

Production

Stuart Gordon – Producer, Host and Editor

Music: https://www.epidemicsound.com/music

Pro Bono Radio is part of the Queen’s chapter of Pro Bono Students Canada. The Pro Bono Radio team are not lawyers, and this is not legal advice.

Subscribe to this podcast on Apple Podcasts, Google Play, Spotify and Stitcher!

Podcast: Play in new window | Download

Subscribe: RSS

In the midst of the pandemic, it is clear that the Canadian prison system needs to change. The only question is how we should aim to change it. Some advocate for prison reform, while others stress the need for the abolition and replacement of the system altogether. Looming over this debate is the practice of solitary confinement, which has become increasingly common in Canadian prisons during the pandemic.

In this episode, we discuss and break down this debate with our esteemed guest, Professor Lisa Kerr. Professor Kerr is currently an assistant professor at Queen’s law and has published several papers and opinion pieces in law journals and newspapers on prison law and sentencing. She has also worked with the BC Civil Liberties Association and with the John Howard Society of Canada in efforts to abolish solitary confinement in Canadian prisons.

Production

Afsheen Chowdhury and Kelvin Lau– Producers, Hosts, Editors

Music: https://www.bensound.com

Pro Bono Radio is part of the Queen’s chapter of Pro Bono Students Canada. The Pro Bono Radio team are not lawyers, and this is not legal advice.

Subscribe to this podcast on Apple Podcasts, Google Play, Spotify and Stitcher!

Podcast: Play in new window | Download

Subscribe: RSS