B. A., LL. B., LL. M., F. R. S. C



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KENT ROACH

B.A., LL.B., LL.M., F.R.S.C.

Born: Montreal, Quebec, Canada
Address: University of Toronto

78 Queens Park Toronto, Ontario, Canada

M5S 2C5

Phone: (416) 946-5645



Fax: (416) 978-2648

e-mail: kent.roach@utoronto.ca


Employment:
2006- Prichard-Wilson Chair of Law and Public Policy, University of Toronto
1999- Professor, Faculty of Law, University of Toronto (status cross appointments in

criminology and political science)


1998-1999 Dean and Professor, College of Law, University of Saskatchewan
1994-98 Associate Professor, University of Toronto, Faculty of Law

(with tenure) (status cross appointment in criminology)


1989-1994 Assistant Professor, University of Toronto, Faculty of Law

(status cross appointment in criminology)


1988-89 Law Clerk for Madam Justice Bertha Wilson,

Supreme Court of Canada


Education:
1988 Master of Laws, Yale Law School with honours in majority of courses
1987 Bachelor of Laws, Faculty of Law, University of Toronto,

with honours and second in class


1984 Bachelor of Arts, political science and history

Victoria College, University of Toronto

with high distinction and the Governor General’s Gold Medal
Grants and Awards:

2011 Appointed (honourary) Professor, University of New South Wales


2010 Awarded British Academy Short Term Visiting Fellowship, University of Warwick

Awarded Lexpert Platinum Award for best contribution to pro-bono legal services by an academic


2008 Awarded Alan Mewett award for excellence in teaching by graduating students at the Faculty of Law
2006 Appointed Editorial Board, National Journal of Constitutional Law
2004 Awarded with Robert J. Sharpe the J.W. Dafoe Prize for the book that makes the best contribution to the understanding of Canada
2003 Appointed Editorial Board, Singapore Journal of Legal Studies
Awarded (with Gary Trotter) a major research grant from Social Sciences and Humanities Research Council of Canada to conduct research on the causes and remedies of wrongful convictions


  1. Elected as a Fellow of the Royal Society of Canada, Academy of Humanities and

Social Sciences
2001 Short listed for the Donner Prize for best book on Public Policy published in 2001 Awarded grant from the Foundation for Legal Research
2000 Short listed for the Donner Prize for best book on Public Policy published in 1999
1999 Awarded grant from the Wright Foundation for Legal Research
1997 Awarded the Walter Owen Book Prize for the best law book published in English in 1994 or 1995
1997 Awarded grant from the Foundation for Legal Research

Awarded grant from the Wright Foundation for Legal Research


1993 Awarded grant from the Foundation for Legal Research
1991 Awarded major research grant by the Social Sciences and Humanities Research Council (with M.L. Friedland and Michael Code) to conduct a comparative study of the criminal justice systems in Niagara Falls, Ontario and New York
1989-1990 Awarded Connaught New Staff Grant, University of Toronto

Awarded Research Board General Grant


1987-1988 Awarded Doctoral Fellowship, Social Sciences and Humanities

Research Council of Canada




  1. The Class of 1987 Prize for ranking second among the graduating class

The Dean Cecil Wright Key for participation in extra-curricular work of an academic nature


Professional Activities
2011 Visiting British Academy Fellow, University of Warwick

Participant, High Level Policy Seminar on European and United States Counter-Terrorism Policies, the Rule of Law and Human Rights, European University Institute, Florence.


2010 Qualified as expert witness in Intelligence and Evidence in France v. Diab, Ontario Superior Court of Justice

Qualified as expert witness in Aboriginal people and criminal justice and effects of mandatory minimum sentences in R. v. Barnhart in Ontario Court of Justice

Visiting Professor, University of New South Wales

Visiting Professor, National University of Singapore

Instructor, National Judicial Institute course on wrongful convictions

Peter Allan Memorial Lecture, University of Hong Kong


2009- Member of a Task Force on Terrorism, Democracy and the Law sponsored by the

the Max Planck Institute for the Study of Comparative Law, the Israel Democracy Institute and the Woodrow Wilson Centre for Foreign Scholars.


2009 Visiting Professor, Centre for Transnational Legal Studies, London, England
Conference Co Chair Taking Remedies Seriously Canadian Institute for the Administration of Justice Annual Conference Ottawa
Country Reporter for Canada “Courts as Positive Legislators” XVIII International Congress of Comparative Law Washington D.C. 2010
Counsel (pro bono) for the British Columbia Civil Liberties and Asper Centre for Constitutional Rights in Ward v. British Columbia in the Supreme Court of Canada involving the availability of damages under s.24(1) of the Charter
Counsel (pro bono) for the Canadian Civil Liberties Association in Karas v. Canada concerning the constitutionality of extradition to Thailand without assurances that the death penalty would not be applied
Counsel (pro bono) for the Criminal Lawyers Association and Asper Centre for Constitutional Rights in R. v. Conway in the Supreme Court of Canada concerning the remedial powers of Mental Health Review Boards
Instructor National Judicial Institute Course on Wrongful Convictions
Member Association in Defence of the Wrongfully Convicted (AIDWYC) case selection committee
Assisted (pro bono) in preparation of factum in R v. Jack White in the Supreme Court of Canada in association with AIDWYC


  1. Counsel (pro bono) for the British Columbia Civil Liberties Association in Ward v. British Columbia in the British Columbia Court of Appeal involving availability of damages as a remedy under s.24(1) of the Charter.

Board member of British Columbia Civil Liberties Association


2007 United Nations Office on Drugs and Crime Legal Expert Group on the Implementation of the Penal Provisions on Nuclear Terrorism Contained in the Universal Legal Framework Against Terrorism
2007-2008 Research Director for the Inquiry into Pediatric Forensic Pathology.
2006-2009 Research Director –Legal Studies, Commission of Inquiry into the Bombing of Air India Flight 182.
2006 Special Lecturer of a course of Comparative Anti-Terrorism Law. University of

New South Wales, Sydney, Australia


Keynote speaker Association for Victim Assistance Annual Conference
Prepared a Report on the use of prosecutorial stays and means to determine and declare wrongful convictions published as an appendix in Report of the Commission of Inquiry into Certain Aspects of the Trial and Conviction of James Driskell
2005 27th Annual Viscount Bennett Lecture, University of New Brunswick “Must we Trade Rights for Security?”
Keynote Speaker, Associations Active in Criminal Justice/Department of Justice Annual Conference “Canada’s Evolving National Security Policy”
Special Lecturer and Visitor, University of Cape Town, Faculty of Law, Departments of Criminal Law and Public Law

Prepared background paper for the Privacy Commissioner of Canada for the three

year review of the Anti-Terrorism Act
2004-5 (with Julian Roberts) Prepared of a background paper “Enhancing Criminal Justice Reform including Restorative Justice) published as A/Conf.203/10 at the 11th United Nations Conference on Crime Prevention, Bangkok, Thailand April 2005.
2004 Appointed by Justice O’Connor to a five member Research Advisory Committee to conduct research and offer advice for the systemic phase of the federal Commission of Inquiry into the Actions of Canadian Officials in Relation to Maher Arar. The systemic mandate is to offer advice about review mechanism for the national security activities of the Royal Canadian Mounted Police.
2004 Appointed by Justice Linden to a seven member Research Advisory Committee to conduct research and offer advice for the systemic phase of the provincial Commission of Inquiry into Ipperwash. The mandate is to offer advice about the prevention of deaths such as those of Mr. Dudley George who was killed by the police during a protest about Aboriginal land and burial grounds.
2004 Counsel (pro bono) for Aboriginal Legal Services of Toronto in R v. Hamilton in Ontario Court of Appeal) (judicial notice and systemic discrimination in sentencing)
Instructor National Judicial Seminar on the Charter
Instructor Tulane Law School Summer Program on International Human Rights
Instructor Osgoode Hall Law School LLM program


  1. Counsel (pro bono) for the Canadian Civil Liberties Association in R. v. Boomer (Ontario Divisional Court) (constitutionality of mandatory penalty for welfare fraud)

Instructor, National Judicial Institute Seminar on the Charter


Co-recipient of major grant from National University of Singapore to hold an international conference on anti-terrorism laws in Singapore in June, 2004.

2002 Visiting Professorial Fellow, National University of Singapore

Instructor National Judicial Institute Seminar on Preventing Wrongful Convictions

2002-2003 Consultant to Economic Law, Institutional and Professional Strengthening Project (ELIPS II) on Indonesia’s Anti-terrorism Law (drafted various memos and spoke to the drafting committee on three occasions

2001-2002 Counsel for the Chippewas of the Nawash Chippewas of the Nawash v. Canada in the Federal Court of Appeal (equality rights challenge to federal fishing policy)

Member of the Executive, Canadian Association of Law Teachers


2001 Counsel for Aboriginal Legal Services of Toronto in its intervention in Sauve v. Canada in the Supreme Court of Canada (right of prisoners to vote)

Counsel (pro bono) for Aboriginal Legal Services of Toronto in its intervention in R. v. Golden in Supreme Court of Canada (legality of strip searches)


Conference Co-Chair Restorative Justice, Faculty of Law and Criminology, University of Toronto, Centre of Criminology University of Cambridge and Ottawa.
2000 Counsel (pro bono) for Criminal Lawyers Association in its intervention in R. v. Dunedin Construction in Supreme Court of Canada (remedial powers under s.24(1) of the Charter)
Counsel (pro bono) for Canadian Civil Liberties Association in its intervention in R. v. Latimer in Supreme Court of Canada (constitutionality of mandatory minimum sentence for second degree murder)
Member of the planning committee for the establishment of a court in Old City Hall, Toronto for Aboriginal offenders with particular attention to the Supreme Court of Canada’s decision in R. v. Gladue.
2000= Member of the Editorial Board, University of Toronto Law Journal
1999 Member of Ontario Legal Aid’s Test Case Funding Committee

1999 Counsel (pro bono) for Aboriginal Legal Services of Toronto in its intervention in R. v. Pawley in the Ontario Superior Court of Justice (Metis hunting rights)


Conference Co-Chair Changing Punishment at the Turn of the Century, Canadian Institute for the Administration of Justice, Saskatoon
1998 Counsel (pro bono) for Aboriginal Legal Services of Toronto in its intervention in R. v. Wells in the Supreme Court of Canada (sentencing Aboriginal offenders)
Counsel (pro bono) for Aboriginal Legal Services of Toronto in its intervention in R. v. Gladue in the Supreme Court of Canada (sentencing Aboriginal offenders)
Counsel (pro bono) for Aboriginal Legal Services of Toronto in its intervention in Corbiere v. Canada in the Supreme Court of Canada (voting and equality rights of band members living off reserve)
1998 -1999 Bencher of the Law Society of Saskatchewan, Member of the Law Foundation of

Saskatchewan


1997- Editor-in-Chief, Criminal Law Quarterly
1997 Counsel (pro bono) for the Association in Aid of the Wrongfully convicted in the Inquiry into the Wrongful Conviction of Guy Paul Morin (systemic causes of wrongful convictions)
1997-1998 Counsel (pro bono) for Aboriginal Legal Services of Toronto in its intervention in R. v. Williams in the Supreme Court of Canada (questioning jurors about racial prejudice)
1996-1998 Member of the Law Society’s Legal Aid Committee on the Funding of Test Cases
1996 Counsel (pro bono) for Ontario Métis Aboriginal Association and the Be-Wab-B on Métis and Non-Status Indian Association in Lovelace v. Ontario in Ontario Court of Appeal and on the factum in the Supreme Court of Canada (equality challenge to benefits program)
1996 Counsel (pro bono) for Canadian Civil Liberties Association in its intervention in R. v. Stillman in the Supreme Court of Canada (exclusion of evidence under s.24(2) of the Charter)
1995-98 Associate Editor, Dominion Law Reports and Canadian Criminal Cases
1995-97 Editorial Board, Canadian Criminal Law Review
1995 Counsel (pro bono) for the Canadian Civil Liberties Association in its intervention in Hill v. Church of Scientology in the Supreme Court of Canada (constitutionality of libel law)
1992- Member of the Law Society of Upper Canada (the Ontario Bar)
1992 Consultant to Arvay, Finlay on remedial issues arising from Aboriginal land claims litigation in Delgamuukw v. A.G. (B.C.) in the British Columbia Court of Appeal (remedial issues arising from Aboriginal land claim)
1990-1992 Project Director for the Ontario Law Reform Commission’s Report on the Law of Public Inquiries which culminated in its Report on Public Inquiries (1992)
1991 Consultant (pro bono) to Legal Education and Action Fund (LEAF) in its interventions in R. v. Daniels in the Saskatchewan Court of Appeal (remedial issues involving imprisonment female Aboriginal offender)
1986-87 Editor-in-Chief, University of Toronto Faculty of Law Review
Publications:

Books:
The 9/11 Effect: Comparative Counter-Terrorism (New York: Cambridge University Press, 2011) (450 pp)
(with Bibi Sanga, and Robert Moles) Forensic Investigations and Miscarriages of Justice with a forward by Hon. Michael Kirby) (Sydney: Federation Press, Toronto: Irwin Law, 2010) (432pp)
The Unique Challenges of Terrorism Prosecutions: Towards a Workable Relation Between Intelligence and Evidence Vol 4. of the Research Studies of the Commission of Inquiry into the Investigation of the Bombing of Air India Flight 182 (Ottawa: Supply and Services, 2010) (326pp)
(with Robert J. Sharpe) The Canadian Charter of Rights and Freedoms 4th ed (Toronto: Irwin Law, 2009) (450 pp)
Criminal Law 4th ed (Toronto: Irwin Law, 2009). (505pp)
(with Robert J. Sharpe) The Charter of Rights and Freedoms 3rd ed (Toronto: Irwin Law, 2005) (404 pp.)
(with Todd Archibald and Ken Jull) Regulatory and Corporate Liability: From Due Diligence to Risk Management (Aurora: Canada Law Book, 2005) (384 pp)
Criminal Law 3rd ed (Toronto: Irwin Law, 2004) (420 pp)
**** (with Robert J. Sharpe) Brian Dickson: A Judges Journey (Toronto: University of Toronto Press and Osgoode Society, 2003) (576 pp)
September 11: Consequences for Canada (Montreal: McGill-Queens Press, 2003) (277pp)
(with R.J.Sharpe and K.E. Swinton) The Canadian Charter of Rights and Freedoms 2nd ed (Toronto: Irwin Law, 2002) (3 48pp)
. *** The Supreme Court on Trial: Judicial Activism or Democratic Dialogue (Toronto: Irwin Law, 2001) (347pp)
Criminal Law 2nd ed (Toronto: Irwin Law, 2000). (361 pp)
** Due Process and Victims’ Rights: The New Law and Politics of Criminal Justice (Toronto: University of Toronto Press, 1999) (391pp)
Criminal Law (Toronto: Irwin Law, 1996) (256 pp)

* Constitutional Remedies in Canada (Aurora: Canada Law Book, 1994) and annual supplements) (600 pp)


(with M.L. Friedland and M.J. Trebilcock) Regulating Traffic Safety Toronto: University of Toronto Press, 1990) (211pp.)
**** Winner of the 2004 J.W. Dafoe prize for best contribution to the understanding of Canada
*** short listed for the 2001 Donner Prize for best book on public policy
** short listed for the 1999 Donner Prize for best book on public policy
* winner of the 1997 Walter Owen Prize for best legal book
Edited Collections:
(with Victor Ramraj, Michael Hor and George Williams) Global Anti-Terrorism Law and Policy 2nd ed (Cambridge: Cambridge University Press, forthcoming)
Guest editor special focus issue on Air India Report (2011) 61 University of Toronto Law Journal
(with Robert J. Sharpe) Taking Remedies Seriously (Ottawa: Canadian Institute for the Administration of Justice, 2010) (511 pp)
Research Studies of the Commission of Inquiry into the Investigation of the Bombing of Air India Flight 182 4 volumes (Ottawa: Supply and Services, 2010)
Research Studies of the Commission of Inquiry into Pediatric Forensic Pathology 2 volumes (Toronto, Queens Park, 2008)
(with M. Hor and V. Ramraj) Global Anti-Terrorism Law and Policy (Cambridge: Cambridge University Press, 2005) (628 pp)
(with C. Flood and L. Sossin) Access to Care, Access to Justice: The Legal Debate over Private Health Insurance (Toronto: University of Toronto Press, 2005) (618 pp.)
(with A. von Hirsch, A. Bottoms, J. Roberts and M. Schiff) Restorative Justice and Criminal Justice Competing or Reconcilable Paradigms (Oxford: Hart Publishing, 2002) (348pp)
(with Ron Daniels and Patrick Macklem) The Security of Freedom: Essays on Canada’s Anti-terrorism Bill (Toronto: University of Toronto Press, 2001) (498 pp)
(with Shereen Benzvy Miller) Changing Punishment at the Turn of the Century: Finding Common Ground special issue of Canadian Journal of Criminology, 2000. (pp 249-420)
Casebooks:
(with J. Berryman et al ) Cases and Materials on Remedies 6th ed (Toronto: Emond Montgomery, forthcoming)
(with B. Berger, P. Healy and J. Stribopoulos) Cases and Materials on Criminal Law and

Procedure 10th ed (Toronto: Emond Montgomery, 2010)
(with P. Macklem et al) Canadian Constitutional Law 4th ed (Toronto: Emond Montgomery, 2009).
(with J. Berryman et al) Cases and Materials on Remedies 5th ed (Toronto: Emond Montgomery, 2006)
(with Patrick Healy and Gary Trotter) Cases and Materials on Criminal Law and Procedure 9th ed (Toronto: Emond Montgomery, 2004)
(with P. Macklem et al Canadian Constitutional Law 3rd ed (Toronto: Emond Montgomery, 2002)
(with M.L. Friedland) Cases and Materials on Criminal Law and Procedure 8th ed. (Toronto: Emond Montgomery, 1997), 7th ed and Materials on Criminal Law and Procedure 7th ed. (Toronto: Emond Montgomery, 1994), 6th ed (Toronto: Emond Montgomery, 1991)
(with Garry Watson, W.A. Bogart, Allan Hutchinson and Janet Mosher) Civil Litigation 4th ed. (Toronto: Emond Montgomery, 1991)
Articles:
“Police Independence and the Military Police” (2012) 49 Osgoode Hall Law Journal (forthcoming)
(with Craig Forcese) “Limping into the Future: The 1267 Sanctions Committee at the Cross-Roads”

(2011) 42 George Washington International Law Journal 57 law review pages


“Overseeing Information Sharing” in Geneva Centre for the Democratic Control of Armed Forces

Intelligence Oversight Toolkit (Geneva: Centre for the Democratic Control of Armed Forces,

forthcoming)


“Wrongful Convictions in Canada” (2012) University of Cincinnati Law Review (forthcoming)
“Section 7 of the Charter in National Security Cases” (2012) University of Ottawa Law Review

(forthcoming)


“’Constitutional Chicken’: Terrorism Prosecutions after Ahmad” (2012) Supreme Court Law

Review (forthcoming)


“Secret Evidence and its Alternatives” in “Post 9/11 and the State of Permanent Legal

Emergency: Security and Human Rights in Countering Terrorism" (Berlin: Springer,

forthcoming)
“The Law Working Itself Pure?: The Canadian Experience with Exceptional Courts and

Guantanamo” in Fionnuala ni-Aolain and Oren Gross eds. Exceptional Courts (New York:

Cambridge University Press, forthcoming)
“Entrapment and Equality in Terrorism Prosecutions: A Comparative Examination of North

American and European Approaches (2011) 80 Mississippi Law Journal 1455-1490.


“Some Challenges in European and (North) American Responses to Terrorism” in European

University Institute Report of High Level Policy Seminar on European and United States



Counter- Terrorism Policies, the Rule of Law and Human Rights, European University Institute

Florence Italy, 2011


“The Criminal Law and its Less Restrained Alternatives” in Victor Ramraj et al eds. Global Anti

Terrorism Law and Policy 2nd ed (Cambridge: Cambridge University Press, forthcoming)
“Canada’s Response to Terrorism” in Victor Ramraj et al eds. Global Anti-Terrorism Law and

Policy 2nd ed (Cambridge: Cambridge University Press, forthcoming)
“Comparative Constitutional Law and Terrorism” in Tom Ginsburg and Rosalind Dixon eds Comparative Constitutional Law Handbook (London: Ashgate, 2011) at 532-550
“Courts as Positive Legislators: The Canadian Experience” in Alan Brewer-Carias ed. Constitutional Courts as Positive Legislators (New York: Cambridge University Press, forthcoming)
“The Primacy of Liberty and Proportionality and not Human Dignity When Subjecting Criminal Law to Constitutional Control” (2011) Israel Law Review, forthcoming
(with Gary Edmond) “A Contextual Approach to the Admissibility of the State’s Forensic Science and Medical Evidence” (2011) 61 University of Toronto Law Journal (forthcoming)
“A Late Spring for Charter Damages: Ward v. British Columbia” (2011) National Journal of Constitutional Law (forthcoming)
“The Air India Report and the Regulation of Charities and Terrorism Financing” (2011) 61 University of Toronto Law Journal 45-57.
“’The Supreme Court at the Bar of Politics’: The Afghan Detainee and Omar Khadr Cases” (2010) 28 National Journal of Constitutional Law 115-155.
“Mind the Gap: Canada’s Different Criminal and Constitutional Standards of Fault” (2011)

University of Toronto Law Journal (forthcoming)


“Judicial Free Speech” in H.P Lee ed The Judiciary in Comparative Perspective (Cambridge

University Press, 2011) at 175-195


“Canada” in Markus Dubber and David Heller eds. The Stanford Companion to Criminal Law (Stanford: Stanford University Press, 2011) at 97-136
“Prosecutorial Independence and Accountability in Terrorism Prosecutions” (2010) 55 Crim.L.Q.

486-507.
“Forensic Science and Miscarriages of Justice: Some Lessons from Comparative Experience” (2010) 50 Jurimetrics 67-92


“Wrongful Convictions: Adversarial and Inquisitorial Themes” (2010) 45 North Carolina Journal of International Law 385-444
“The Eroding Distinction Between Intelligence and Evidence in Terrorism Investigations” in Andrew Lynch et al eds. In Counter-Terrorism and Beyond: The Culture of Law and Justice (London: Routledge, 2010) at 48-68
(with Lorne Sossin) “Access to Justice and Beyond” (2010) 60 University of Toronto Law

Journal 373-395


(with Sanjeev Anand) “Inertia, Uncertainty and Canadian Homicide Law: An Introduction to the Special Issue” (2010) 47 Alberta L.Rev. 643-650.
“The Problematic Revival of Section 229 ( c) of the Criminal Code” (2010) 47 Alberta L.Review

675-704.
“The Role of Innocence Commissions in Error Correction and Systemic Reform” (2010) 84 Chicago-Kent L. Rev. 89-126.


“National Security Policy-Making in Canada” in Karim Ismaili, Jane Sprott and Kim Varma eds, Readings in Canadian Criminal Justice Policy-Making (Toronto: Oxford University Press, forthcoming)

“The Unique Challenges of Terrorism Prosecutions: Towards a Workable Relation Between

Intelligence and Evidence” (abridged version of monograph) in Commission of Inquiry into the

Investigation of the Bombing of Air India Flight 182 Research Papers: Volume 3 Terrorism



Prosecutions (Ottawa: Public Works and Government Services, 2010) at 311-394
(with Robert Sharpe) “Introduction” in Roach and Sharpe eds. Taking Remedies Seriously (Ottawa: Canadian Institute for the Administration of Justice, 2010) at 1-20
“Remedies for Discriminatory Profiling” in Roach and Sharpe eds. Taking Remedies Seriously (Ottawa: Canadian Institute for the Administration of Justice, 2010) at 391-417.
“When Secret Intelligence Becomes Evidence: The Implications of Charkaoui II and Khadr” (2009) 47 Supreme Court Law Review 147-208.
“One Step Forward, Two Steps Back: Gladue in the Courts of Appeal (2009) 54 Criminal Law Quarterly 470-505.
“Human Security at Home” in David Bosold and Nickolas Hynek eds. Canada’s Foreign and Security Policy (Oxford: Oxford University Press, 2010) at 212-230.
“Judicial Review of the State’s Anti-Terrorism Activities: The Post 9/11 Experience and Normative Justifications: (2009) 3 Indian Journal of Constitutional Law 138-167

“Charkaoui and Bill C-3: Some Implications for Anti-Terrorism Policy and Dialogue between Courts and Legislatures" (2008) 42 Supreme Court Law Review (2nd) 281 -354

“Justice Bertha Wilson: A Classically Liberal Judge" (2008) 41 Supreme Court Law Review (2nd) 193-223.

“Introduction” in Threat Assessment, RCMP/CSIS Co-operation vol 1 of the Research Studies of

the Commission of Inquiry into the Investigation of the Bombing of Air India Flight 182 (Ottawa:

Supply and Services, 2010) at 7-15


“Introduction” in Terrorism Financing, Charities and Aviation Security vol 2 of the Research

Studies of the Commission of Inquiry into the Investigation of the Bombing of Air India Flight 182

(Ottawa: Supply and Services, 2010) at 7-13
“Introduction” in Terrorism Prosecutions vol 3 of the Research Studies of the Commission of

Inquiry into the Investigation of the Bombing of Air India Flight 182 (Ottawa: Supply and

Services, 2010) at 7-15.
“Introduction” in Controversies and Models in Forensic Pediatric Pathology vol. 1 of the Research Studies of the Commission of Inquiry into Pediatric Forensic Pathology (Toronto, Queens Park, 2008) at ix-xv.

“Introduction” in Pediatric Forensic Pathology and the Legal System vol 2 of the Research Studies of the Commission of Inquiry into Pediatric Forensic Pathology (Toronto, Queens Park, 2008) at xiii-xxi.


(with Andrea Bailey) “The Relevance of Fetal Alcohol Spectrum Disorder and the Criminal Law

from Investigation to Sentencing” (2009) 42 U.B.C. Law Rev. 1-68.


“The Charter and National Security” in James Kelly and Chris Manfredi eds. Contested

Constitutionalisms (Vancouver: University of British Columbia Press, 2009) at 145-168.
“Canadian National Security Policy and Canadian Muslim Communities” in Abdulkader

Sinno ed. Muslims in Western Politics (Bloomington: Indiana University Press, 2009) at 219-244.


“The Consequences of Compelled Self-Incrimination in Terrorism Investigations: A Comparison of American Grand Juries and Canadian Investigative Hearings” (2008) 30 Cardozo Law Review 1089-1114.
“A Charter Reality Check: How Relevant is the Charter to the Justness of Our Justice System?” (2008) 40 S.C.L.R.(2d) 1-43
“The Role and Capacities of Courts and Legislatures in Reviewing Canada’s Anti-Terrorism Law” (2008) 24 Windsor Review of Legal and Social Issues 5-56
“Canadian Experiences in Preventing and Combating Terrorism” in Wafula Okumu and Anneli Botha eds Understanding Terrorism in Africa: Building Bridges and Overcoming the Gaps (Tshwane: South Africa, 2008) at 117-134.
“Ordinary Laws for Emergencies and Democratic Derogations from Rights” in Victor Ramraj ed.

Emergencies and the Limits of Legality (Cambridge: Cambridge University Press, 2008) at 229- 57.
“Exonerating the Wrongfully Convicted: Do We Need Innocence Hearings?” in Margaret Beare ed. Essays in Honour of Dianne Martin (Toronto: University of Toronto Press, 2008) at 55-84.
“The Case for Defining Terrorism with Restraint and without Reference to Political or Religious Motive” in Andrew Lynch et al eds. Law and Liberty in the War on Terror (Sydney: Federation Press, 2007) at 39-48.
“Better Late than Never? The Canadian Parliamentary Review of the Anti-Terrorism Act” (2007)

13(5) Choices 1-38.


“Report Relating to Paragraph 1(f) of the Order in Council for the Commission of Inquiry into Certain Aspects of the Trial and Conviction of James Driskell” published as an appendix to Report of the Commission of Inquiry into Certain Aspects of the Trial and Conviction of James Driskell Final Report (Winnipeg: Queens Printer, 2007) Appendix F (66 pages).
“A Comparison of Australian and Canadian Anti-Terrorism Law” (2007) 30 University of New South Wales Law Journal 53-85.
“The Need for a Restrained Definition of Terrorism” in Craig Forcese and Nicole LaViolette eds.

The Ottawa Principles on Human Rights and Counter-Terrorism (Toronto: Irwin Law, 2008) at 97-

127)
“Terrorism Offences and the Charter: A Comment on R. v. Khawaja” (2007) 11 Canadian Criminal Law Review 271-300.


“A Dialogue of Principle and a Principled Dialogue: Justice Iacobucci’s Substantive Approach to

Dialogue” (2007) 57 University of Toronto Law Journal 449-478.


“Sharpening the Dialogue Debate: The Next Decade of Dialogue Scholarship” (2007) 45 Osgoode

Hall Law Journal 169-191.


“Freedom and Security in Post 9/11 Canada" in James L. Turk and Allan Manson (eds.), Free Speech in Fearful Times: After 9/11 in Canada, the U. S., Australia and Europe. Toronto: James Lorimer & Company, 2007 at 121-161.
“Judicial Activism in the Supreme Court of Canada” in Brice Dickson ed. Judicial Activism in Common Law Supreme Courts (Oxford: Oxford University Press, 2007) at 69-119.
“Review and Oversight of National Security Activities with Some Reflections on Canada’s Arar

Inquiry” (2007) 29 Cardozo Law Review 53-84.


“Unreliable Evidence and Wrongful Convictions: The Case for Excluding Tainted Identification

Evidence and Jailhouse and Coerced Confessions” (2007) 52 Criminal Law Quarterly 210-236.


“The Protection of Innocence under Section 7 of the Charter” (2006) 34 Supreme Court Law

Review 2nd Series 249-303.


(with Michael Code) “Independent Lawyers and Security Certificates” (2006) 52 Criminal Law

Quarterly 85-111 and in Law Society of Upper Canada’s Task Force on the Rule of Law and Independence of the Bar In the Public Interest (Toronto: Irwin Law, 2007) at 151-174.


“Is There a Tyranny of the Charter in Criminal Justice and Security Policy” (2007) 28 Policy

Options 94-98.


“Sources and Trends in Post 9/11 Anti-Terrorism Laws” in L. Lazurus and B. Goold Human

Rights and Security (Oxford: Hart Publishing, 2007) at 227-256.
“Four Models of Police-Government Relationships” in Margaret Beare and Tonita

Murray eds. Police Government Relations (Toronto: University of Toronto Press, 2007) at 16-95.

(also available at http://www.ipperwashinquiry.ca/policy_part/relations/crp.html_
“Canada” in Craig Bradley ed. Criminal Procedure: A Worldwide Survey (Durham: Academic

Press, 2007) at 57-90.


“Security and Civil Liberties After September 11: The Canadian Response” in Bruce Campbell and

Ed Finn eds. Living with Uncle (Toronto: Lorimer, 2006) at 54-59.


“Multiculturalism, Muslim Minorities and Security Policy” 2006 Singapore J. of Legal Studies 405-

438.
“The post 9/11 Migration of Britain’s Terrorism Act, 2000” in Sujit Choudhry ed. The Migration



of Constitutional Ideas (Cambridge: Cambridge University Press, 2006) at 374-402.
“Dialogue or Defiance: Legislative Reversal of Supreme Court Decisions in Canada an

the United States” (2006) 4 Int’l J. Con. Law (I Con) 347-370.


“Must We Trade Rights for Security: The Choice Between Smart, Harsh or Proportionate

Security Strategies in Canada and the United Kingdom” (2006) 27 Cardozo L. Rev. 2151-2221.


“The Institutionalization of Restorative Justice in Canada” in Ivo Aertsen, Tom Daems and

Luc Robert et al eds. The Institutionalization of Restorative Justice (Devon: Willan

Publishing, 2006) pp.167-193.
“Not Just the Government’s Lawyer: The Attorney General as Defender of the Rule of Law within Government” (2006) 31 Queens Law Journal 598-643.
“A comparison of South African and Canadian anti-terrorism legislation" (2005) 18 South

African Journal of Criminal Justice 127-150.


“Ten Ways to Improve Anti-Terrorism Law” (2005) 51 Crim.L.Q 102-125.
Chaoulli: Too Much or Too Little Judicial Activism?” in Flood, Roach and Sossin eds. Access to

Care, Access to Justice: The Legal Debate over Private Health Insurance (Toronto: University of

Toronto Press, 2005) at pp.184-204.


(with Colleen Flood and Lorne Sossin) “Introduction” in Flood, Roach and Sossin eds. Access to

Care, Access to Justice: The Legal Debate over Private Health Insurance (Toronto: University of

Toronto Press, 2005) at pp.ix-xxviii (21 pages)


”Constitutional, Remedial and International Dialogues About Rights: The Canadian

Experience” (2005) 40 Texas Journal of International Law 537-576.


(with Gary Trotter) “Miscarriages of Justice in the War Against Terror” (2005) 109 Penn. Stat

Law Rev. 967-1041. translated into Chinese and published in Vincent Yang ed. Fairness in Trial

(Beijing: China Press)
“The Challenges of Crafting Remedies for Violations of Social, Economic and Cultural Rights” in

M.Langford Social Economic Rights Jurisprudence: Emerging Trends in International and



Comparative Law (Cambridge: Cambridge University Press, forthcoming) ch.3.
“The Three Year Review of Canada’s Anti-Terrorism Act: The Need for Greater Restraint and

Fairness, Non-Discrimination and Special Advocates” (2005) 54 U.N.B.L.J. 308-335.


(with Hor and Ramraj) “Introduction” and “Postscript” in in Ramraj, Hor and Roach eds Global

Anti-Terrorism Law and Policy (Cambridge: Cambridge University Press, 2005) at 1-10, 625-633.

“The Criminal Law and Terrorism” in Ramraj, Hor and Roach eds Global Anti-Terrorism



Law and Policy (Cambridge: Cambridge University Press, 2005) at 129-151.

“Canada’s Response to Terrorism” in Ramraj, Hor and Roach eds Global Anti-Terrorism



Law and Policy (Cambridge: Cambridge University Press, 2005) at 511-533.

(with G. Budlender) “Mandatory Relief and Supervisory Jurisdiction: When is it Appropriate, Just

and Equitable” (2005) 5 South African Law Journal 325-351.

“Common Law Bills of Rights as Dialogue Between Courts and Legislatures” (2005) 55 U.T.L.J

733-766

(with Julian Roberts) “Conditional Sentences and the Perspectives of Victims: A Socio-Legal

Analysis” (2005) 30 Queens L.J. 560-600.

“Victims Rights and the Charter” (2005) 49 Criminal Law Quarterly 474-516.

“Making Progress on Understanding and Remedying Racial Profiling” (2004) 41 Alberta

L.Rev. 895-903


“Principled Remedial Decision-Making under the Charter” (2004) 25 S.C.L.R.(2d) 101-150.
“Militant Democracy and Anti-Terrorism Legislation: Some Eastern and Western Comparisons” in A. Sajo ed. Militant Democracy (Amsterdam: Eleven International Publishing, 2004) at pp.171-207 and translated in Russian in Konstitutionnoe Provo (Russian constitutional law journal)
“Old and New Visions of Security: Hong Kong’s Security Bill Compared to Post-September 11 Anti-terrorism Legislation” in F. Hualing, C. Peterson and S. Young et al National Security and Fundamental Freedoms: Hong Kong’s Article 23 under Scrutiny Bill (Hong Kong: Hong Kong University Press, 2005) at 119-148.
(with David Schneiderman) “Freedom of Expression in Canada” in G.A.. Beaudoin & E. Mendes eds The Canadian Charter of Rights & Freedoms (Toronto: Butterworths, 2005) at 259-323.
(with Todd Archibald and Ken Jull) “The Changed Face of Corporate Criminal Liability” (2004) 48 C.L.Q. 367-396
“Wrongful Convictions and Criminal Procedure” (2003) 42 Brandeis L. Rev. 349-369.
“The World Wide Expansion of Anti-Terrorism Laws after September 11” (2004) CXVI (III Serie), III, 2004 Fasc. 3 Studi Senesi (University of Siena’s law review) 487-527.
“Dialogic Judicial Review and its Critics” (2004) 23 S.C.L.R.(2d) 49-104.
(with Sujit Choudhry) “Putting the Past Behind Us? Prospective Judicial and Legislative Constitutional Remedies “ (2003) 21 S.C.L.R.(2d) 205-266
“Remedies in Aboriginal Litigation” in Joe Magnet and Dwight Dorey eds. Aboriginal Rights Litigation (Markham: Butterworths, 2003) at 321-346
“The Role of Crime Victims under the Youth Criminal Justice Act” (2003) 40 Alberta L. Rev. 965-989
“Twenty Years of the Charter and Criminal Justice: A Dialogue Between a Charter

Optimist, a Charter Realist and a Charter Sceptic” (2003) 19 S.C.L.R.(2d) 39-64. and in Magnet, Beaudoin, Gall and Manfredi eds. The Canadian Charter of Rights and Freedom: Reflections on the Charter after Twenty Years (Markham: Butterworths, 2003) at 39-64


“Criminal Process” in Peter Cane and Mark Tushnet eds The Oxford Companion to Legal Scholarship (Oxford: Oxford University Press, 2003) at 773-795
(with Sujit Choudhry) “Racial and Ethnic Profiling: Statutory Discretion, Democratic Accountability and Constitutional Remedies” (2003) 41 Osgoode Hall L.J. 1-39
“Did September 11 Really Change Everything: Preserving Canadian Values in the Face o

Terrorism” (2002) 47 McGill L.J. 893-947


“American Constitutional Law Theory for Canadians (and the rest of the world)” (2002) 52 University of Toronto Law Journal 503-521
“Canada’s New Anti-terrorism Legislation” [2002] Singapore Journal of Legal Studies 1 22-148

“The New Terrorism Offences” in D. Daubney et al. eds. Terrorism, Law and Democracy:



How Did Canada Change After September 11 (Montreal: Yvon Blais, 2002)
“Remedial Consensus and Challenge: General Declarations and Delayed Declarations of Invalidity” (2002) 35 University of British Columbia L.Rev. 211-269
(with Julian Roberts) “Restorative Justice in Canada: From Sentencing Circles to Sentencing Principles” in Andrew von Hirsch et al Restorative Justice (Oxford: Hart Publishing, 2002) at 237–256
“The Dangers of a Charter-Proof and Crime-Based Response to Terrorism” in Daniels, Macklem and Roach eds. The Freedom of Security: Essays on Canada’s Anti-Terrorism Bill (Toronto: University of Toronto Press, 2001) at pp. 131-147
“The New Terrorism Offences and the Criminal Law” in Daniels, Macklem and Roach eds The Freedom of Security: Essays on Canada’s Anti-Terrorism Bill (Toronto: University of Toronto Press, 2001) at pp. 151-172
“The Use and Audiences of Preambles in Legislation” (2001) 47 McGill Law Journal 129-159
“Is there a Constitutional Right to Legal Aid?” in Canadian Bar Association Making the Case: The Right to Publicly-Funded Legal Representation in Canada (Ottawa: Canada Bar Association, 2002) at pp. 187-198
(with Jonathan Rudin) “Broken Promises: A Response to Stenning and Roberts’ ‘Empty Promises’” (2002) 65 Saskatchewan Law Review 3-34
(with Tony Duggan) “A Further Note on Final Note: The Scope and Limits of Judicial Law Making (2001) 36 Canadian Business Law Journal 115-138
“The Myths of Judicial Activism” (2001) 14 Supreme Court Law Review 297-330
"Searching for Smith: The Constitutionality of Mandatory Minimum Sentences"(2001) 39 Osgoode Hall Law Journal 367-412
“Crime and Punishment in the Latimer Case” (2001) 64 Saskatchewan Law

Review 469-490


"Reforming Statutes of Limitations" (2001) 50 University of New Brunswick Law

Journal 25-55


"Constitutional and Common Law Dialogues Between the Supreme Court and Canadian

Legislatures" (2001) 80 Canadian Bar Review 481-533


“Using the Williams Question to Ensure Equal Protection for Aboriginal Crime Victims” (2001) 38 Criminal Reports (5th) 335-341
“Changing Punishment at the Turn of the Century: Restorative Justice on the Rise” (2000) Canadian Journal of Criminology 249-280
(with Jonathan Rudin) “Gladue: The Judicial and Political Reception of a Promising Decision” (2000) 42 Canadian Journal of Criminology 355-388
“The Future of Multidisciplinary Practice” in Pitblado Lectures, 1999 (Winnipeg: Law Society of Manitoba, 2000) at pp. 305-320
“Chief Justice Lamer and Some Myths About Judicial Activism” (2000) 5 Canadian Criminal Law Review 21-40
(with Ed Iacobucci) “Multidisciplinary Law Partnerships and Practices: Problems, Prospects and Policy Options” (2000) 79 Canadian Bar Review 1-80
“The Attorney General and the Charter of Rights Revisited” (2000) 50 University of Toronto Law Journal 1-40
“The Effects of the Canadian Charter of Rights and Freedoms on the Canadian Criminal Justice System” (1999) 33 Israel Law Review 607-637
“Restructuring of the Legal Profession” in W.A. Bogart ed in Legal Services in 2020 (Ottawa: Canadian Bar Association, 1999)
“Crime Victims and Criminal Law Reform” in D. Stuart et al ed., Towards a Clear and Just Criminal Law (Toronto: Carswell, 1999) at pp.219-230, 372-377, 513-519
“Justice La Forest: A Bickelian Balancer of State and Individual Interests” in W. Maclachlan ed., Justice La Forest (Winnipeg: Supreme Court Historical Society, 1999) at 163-192
“Four Models of the Criminal Process” (1999) 89 Journal of Criminal Law and Criminology 671-716
“Inquiring into the Causes of Wrongful Conviction,” (1999) 35 Criminal Law Bulletin 152-169
“Criminal Procedure in Canada,” in Craig Bradley ed., A Worldwide Study of Criminal Procedure (Durham: Carolina Academic Press, 1999) at pp. 53-79
“The Evolving Test for Stays of Proceedings,” (1998) 40 Criminal Law Quarterly 400-443 (with J.R.S. Prichard) “Comparative Common Law — The Consequences of Differing Incentives to Litigate” in Peter Newman ed., The New Palgrave Dictionary of Economicsand the Law (London: MacMillan Press 1999)
(with M.L. Friedland) “Borderline Justice: The Use of Juries in the Two Niagaras” (1997) 31 Israeli Law Review 120-158 and in J. Fletcher ed. Essays in Honour of Peter Russell (Toronto: University of Toronto Press, 1999) at pp. 205-241
“What’s New and Old About the Legal Process” (1997) 47 University of Toronto Law Journal 363-394
(with Michael Trebilcock) "The Private Enforcement of Competition Law" (1996) 34 Osgoode Hall Law Journal 363-394
"Systemic Racism and Criminal Justice Policy" (1996) 15 Windsor Y.B. Access to Justice 236-249
"The Evolving Fair Trial Test Under Section 24(2) of The Charter” (1996) 1 Canadian Criminal Law Review 69-85
"A Third Model of Criminal Justice: The Victim Rights Model” (1996) 17(1) Policy Options 17-21
"Fundamental Reforms to Civil Litigation” in Ontario Law Reform Commission Research Studies for the Civil Justice Review (Toronto: O.L.R.C. 1996) at pp. 381-447
(with M.L. Friedland) “The Right to a Fair Trial in Canada” in R. Wolfrum and D. Weissbradt, eds., Fair Trial Rights in International and Domestic Law (Berlin: Spriner, 1996) at pp. 3-30
(with M.L. Friedland) “Borderline Justice: Policing in the Two Niagara” (1996) 23 American Journal of Criminal Law 241-352
"Institutional Choice, Co-operation and Struggle in the Age of the Charter” in J. Cameron, ed., The Charter and Criminal Justice (Toronto: Carswell, 1996) at pp. 347-358
"Challenges for Cause and Racial Discrimination” (1995) 37 Criminal Law Quarterly 410-427
"Developments in Criminal Procedure: the 1993-194 Term” (1995) 6 Supreme Court Law Review. (2nd) 281-342.
“Public Inquiries and the Processes of Accountability” in P. Stenning, ed., Accountability for Criminal Justice (Toronto: University of Toronto Press, 1995) at pp. 268-293
Public Inquiries, Prosecutions or Both?” (1994) 43 University of New Brunswick L.J. 415-426
“The Problems of Public Choice: The Case of Short Limitation Periods” (1993) 31 Osgoode Hall L.J. 721-760
“The Role of Litigation and the Charter in Interest Advocacy” in L. Seidle, ed., Equity and Community: The Charter, Interest Advocacy and Representation (Montreal, Institute for Research on Public Policy, Renouf Publishers, 1993) pp. 149-178
“Remedies for Violations of Aboriginal Rights” (1992) 21 Manitoba L.J. 498-543
“Chartering the Electoral Map into the Future” in J. Courtney, D. Smith and P. MacKinnon, eds., Drawing Boundaries (Saskatoon: Fifth House Publishers 1992) at pp. 200-219
“One Person, One Vote? Canadian Constitutional Standards for Electoral Distribution and Districting” in D. Small, ed., Drawing the Map: Equality and Efficacy of the Vote in Canadian Electoral Boundary Reform (Toronto: Dundurn Press, 1991) Vol. 11 of the research studies of the Royal Commission on Electoral Reform and Party Financing at pp. 3-90
“The Limits of Corrective Justice and the Potential of Equity in Constitutional Remedies” (1991) 33 Arizona Law Review 859-905
“Teaching Procedures: The Fiss/Weinrib Debate in Practice” (1991) 41 University of Toronto L.J. 247-286
(with Nitya Duclos) “Constitutional Remedies as Constitutional Hints: A Comment on The Queen v. Schachter” (1991) 36 McGill L.J. 1-38
The Canadian Charter of Rights and Freedoms and the Criminal Process” in J. Gladstone, R. Ericson and C. Shearing, eds., Readings in Criminology (Toronto: Centre for Criminology, 1991) at pp. 196-224
“Reapportionment in British Columbia,” (1990) 24 University of British Columbia Law Review 79-102
(with M.L. Friedland and M.J. Trebilcock) “Regulating Traffic Safety” in Friedland, ed., Securing Compliance: Seven Case Studies (Toronto: University of Toronto Press, 1990), at pp. 165-324
“Smith and the Supreme Court: Implications for Sentencing Policy and Reform,” (1989) 11 Supreme Court L.R. 433-479
“The Administrative Law Scholarship of D.M. Gordon,” (1989) 34 McGill L.J. 1-38
“Strategy and Structure: Section 24 of the Charter,” (1987) 29 Criminal L.Q. 222-272
“Constitutionalizing Disrepute: Exclusion of Evidence After Therens,” (1986) 44 University of Toronto Faculty of Law Review 208-256


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