Meet Justin Safayeni, the Asper Centre’s 2026-2027 Constitutional Litigator in Residence

Coming out of law school at the University of Toronto, Justin Safayeni was most attracted to “the legal side of lawyering”; marshalling facts, dissecting and distinguishing precedent, crafting oral argument and ultimately pushing the law forward. Now, Safayeni does just that in his constitutional and appellate practice as a partner at Stockwoods LLP and it is what he hopes to inspire students to do during his upcoming stint as Constitutional Litigator in Residence at the David Asper Centre for Constitutional Rights. 

I recently had the pleasure of speaking with Safayeni to learn about his career so far, his take on constitutional practice and his forthcoming role at the Asper Centre. After our conversation, I have no doubt that Justin will be a fantastic mentor to students hoping to gain practical experience in constitutional litigation through the Asper Centre student clinical program.

Safayeni’s interest in constitutional law began in law school, where he took courses including an upper year seminar on the freedom of expression to an intensive course in comparative constitutional law taught by members of the judiciary from around the world. The draw of constitutional work is, he said, that they are “the kinds of cases that deal with the compact we have as a democratic society.” Reckoning with these basic social contract problems—mediating between the state and the individual—is how Safayeni thought he could get his hands dirty, tracing legal threads through majority and concurring opinions. The draw of litigation, Safayeni said, was service. Providing genuine value and representing clients in difficult situations is central to the job of being a lawyer. It is not surprising then, that Safayeni’s practice of representing clients in administrative and constitutional applications combines both these priorities. 

However, it wasn’t until after law school, during his clerkship at the Ontario Court of Appeal, that his interest in appellate litigation crystallized. Watching talented lawyers come in week after week to face a barrage of legal questions and make it look effortless was, he told me, incredibly formative and reinforced “what being a lawyer is all about.” What struck Safayeni most though wasn’t the polish itself but the dozens of hours of preparation that he knew lay behind it. 

When I asked him about that preparation, Safayeni told me he’s come to learn that in many constitutional or Charter cases it often isn’t legal argument that takes the time, or makes the impact, but rather the factual record. Pointing to the lesson he learned from Joe Arvay—the Asper Centre’s first Constitutional Litigator in Residence whom Safayeni described as “the GOAT of constitutional lawyers”—Safayeni said if you want to persuade a decision-maker, marshal the facts in way that makes the argument land. This lesson played out recently in Mathur v Ontario 2024 ONCA 762, a constitutional challenge to the Ontario government’s decision to reduce its greenhouse gas emissions target. Safayeni told me he and his team spent many more hours assembling an evidentiary record to support the applicant’s claims, drawing on leading experts across a range of fields to explain the impacts of climate change, than they did sketching out arguments under sections 7 and 15 of the Charter. Worth it, Safayeni said, as that record was “the backbone of the case.”

Another reality of constitutional litigation that Safayeni highlighted during our conversation is the unique dynamic of facing the state as your opposing litigant. Unlike in civil cases, which also form part of Safayeni’s practice, the government can pass, amend or repeal laws—effectively “flick a switch and change what the litigation is about.” While other aspects of constitutional case are more “run of the mill”, like the timing or procedure, these cases sometimes change course at the drop of a hat.

For students and aspiring constitutional lawyers Safayeni’s advice is “ridiculously simple.” Get exposed to the subject. He expressed that outside of working for the government or within specialized practice areas, like criminal or immigration law, it can be difficult to find a place where you can build an element of public or constitutional law into your practice. Thus, he said, balancing a constitutional and a civil practice rewards practitioners who are deliberate and dedicated enough to forge their own path. As a rare firm that offered Safayeni the prospect of having a public law practice Stockwoods LLP was the right place to plant his roots. 

Years in, Safayeni is still at Stockwoods and still excited by the future of constitutional litigation. Whether it’s more climate change litigation, cases that deal with the intersection of freedom of expression and privacy rights in the digital era, or sections of the Charter that have received limited judicial consideration, Safayeni noted that constitutional litigation isn’t going anywhere anytime soon. Safayeni is excited to return to the University of Toronto as part of the Asper Centre and is looking forward to meeting and working with clinic students who share his passion for constitutional litigation. Watching the Supreme Court docket, he said there is no shortage of interesting cases being granted leave where the Asper Centre could make a meaningful contribution and he is eager to leverage those opportunities. 

Read more about Justin Safayeni’s appointment here!

Saiyah Aujla is a rising 2L at the Henry N.R. Jackman Faculty of Law and a 2026 Asper Centre summer research assistant.