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2013 Oral History Interview

Kenneth Swan

Interview Details
Year: 2013
Pages: 169
Status: Open

This oral history interview captures Kenneth Swan’s extensive involvement with the Canadian Civil Liberties Association (CCLA), where he served as Chair of the Board from 1981-1991 during a pivotal period in Canadian civil rights. Swan describes the CCLA’s evolution from a small organization to a departmentalized structure with specialized programmes covering Fundamental Freedoms, Public Safety, Equality, and Education. He details the organization’s strategic decision-making processes, advocacy methods including court interventions and public campaigns, and their principled refusal to accept government funding to maintain independence.

Swan discusses major civil liberties cases and issues the CCLA engaged with, including the landmark Ontario Film & Video Appreciation Society censorship case where he served as counsel, establishing important Charter precedents on freedom of expression. He covers the organization’s involvement in abortion rights cases like Daigle, their response to the McDonald Commission recommendations leading to CSIS legislation, emergency planning orders, employment discrimination testing, and the Toronto bathhouse raids. The interview also explores Swan’s views on the Charter of Rights and Freedoms, the tension between justiciability and parliamentary supremacy in protecting civil rights, and the CCLA’s role as a national organization operating from Toronto while maintaining connections across Canada.

This description was written by AI and may contain some inaccuracies.

References

The following are a selection of topics discussed in this oral history.

Courts
  • Court of Appeal
  • Divisional Court
  • Federal Court of Appeal
  • Ontario Superior Court of Justice
  • Superior Court of Ontario
  • Supreme Court of Canada
Educational Institutions
  • Osgoode Hall Law School
  • University of Toronto Faculty of Law
Government Bodies
  • CSIS
  • McDonald Commission
  • Ministry of the Attorney General
  • Ontario Crown Employees Grievance Settlement Board
  • Ontario Human Rights Commission
  • Parliament
  • RCMP
  • Solicitor General
  • Treasury Board
Historical Events
  • capital punishment vote 1987
  • Charter of Rights and Freedoms 1982
  • CSIS legislation
  • G20 meetings in Toronto
  • McDonald Commission on RCMP
  • October Crisis
  • Toronto bathhouse raids
  • War Measures Act
Jurisdictions
  • Alberta
  • British Columbia
  • Canada
  • Manitoba
  • New Brunswick
  • Newfoundland
  • Nova Scotia
  • Ontario
  • Quebec
  • Toronto
  • United Kingdom
  • United States
Law Firms
  • Davies, Ward & Beck
Legal Cases
  • Daigle
  • Dred Scott
  • Maher Arar case
  • Morgentaler
  • New York Times v. Sullivan
  • Ontario Film & Video Appreciation Society v. Ontario Board of Censors
People Mentioned
  • Alan Borovoy
  • Bertha Wilson
  • Bora Laskin
  • Brian Dickson
  • Dan Hill
  • Ernst Zundel
  • Harry Arthurs
  • Ian Scott
  • John McCamus
  • Kenneth Swan
  • Natalie DesRosiers
  • Robert Sharpe
  • Sybil Shack
  • Walter Tarnopolsky
Professional Organizations
  • Amnesty International
  • B.C. Civil Liberties Association
  • Canadian Association of University Teachers
  • Canadian Civil Liberties Association
  • National Academy of Arbitrators
  • Ontario Board of Censors
  • Ontario Film & Video Appreciation Society
  • Ontario Labour Management Arbitrators Association
Time Periods
  • 1970s
  • 1980s
  • 1990s
Topics
  • abortion rights
  • Charter of Rights and Freedoms
  • Civil Liberties
  • emergency legislation
  • Employment Discrimination
  • film censorship
  • Freedom of Expression
  • Freedom of Information
  • Judicial Review
  • labour arbitration
  • National Security Law
  • Police Powers
  • Privacy Rights
  • public interest intervention

Some of these references were generated by AI and may contain inaccuracies.

For information about this oral history, please contact the Osgoode Society.