Queen’s
LawREPORTS Research teams in!uence policy and law reform
Surveillance Project
Child Witness Project
Global Refugee Research
Queen’s Law launches Ph.D. program
Alumni in academia
SUMMER 2008 CONTENTS Queen’s
LawREPORTS
7 10 13 Queen’s Law Reports is published annually by
QUEEN’S FACULTY OF LAW QUEEN’SLAWLAUNCHESPH.D.PROGRAM Macdonald Hall 4 Queen's a!rmed its commitment to excellence as a research institution Queen’s University this year by establishing a doctoral degree program and appointing its "rst Kingston ON Canada K7L 3N6 Associate Dean of Graduate Studies and Research. Tel: (613) 533-6000, ext. 74259 Fax: (613) 533-6611 Email: [email protected] Website: http://law.queensu.ca/ RESEARCHTEAMSINFLUENCEPOLICY 5 ANDLAWREFORM Editorial Credits 7 Professor Cockfield: Who’s watching the watchers? Surveillance Project casts a wary eye on the Information Age CO!EDITORS Lisa Graham 10 Professor Bala: Child proof Manager of Records, Registration and Communications Project examines the competency and credibility of children Deanna Morash Assistant Dean of Career Services and Alumni Relations 13 Professor Aiken: Justice without borders
Network seeks to reclaim refugee settlement rights CONTRIBUTORS
Dana Tye Rally Contributing Editor ALUMNIINACADEMIA Dianne Butler 16 H. Patrick Glenn, Law ‘65 Alumni Relations Coordinator Ronald McCallum, LL.M. ‘74 Robert B. Marks Denise Réaume, Law ‘80 Freelance Editor
Gillian Ready Assistant Dean of International Programs
ARECORDYEARFORRESEARCH Nancy Somers 28 FUNDINGFORQUEEN’SLAWPROFESSORS Manager, Academic Programs
STUDENTWRITERS/RESEARCHERS
DEAN’SMESSAGE Sarah Buski, Law ‘09 1 Daniel Chodos, Law ‘08 2 ACADEMICEXCELLENCE Chris Missiuna, Law ‘10 Meredith Rady, Law ‘10 18 GLOBALPERSPECTIVES 22 CONFERENCESANDSYMPOSIA *page 35 covers reprinted by permission of Carswell, 24 SCHOOLNEWS a division of Thomson Canada Limited CONVOCATION - SPRING 2008 26 DESIGN + PRODUCTION 28 FACULTYFOCUS Queen’s Creative Services 36 SUPPORTINGEXCELLENCE 48 ALUMNIFOCUS 54 INMEMORIAM 55 ALUMNINOTES DEAN’SMESSAGE
A major indicator of research quality From our castle programs to our is the amount of funding a university international internships, Queen's Law faculty can attract from the Social is already a national leader in bringing Sciences and Humanities Research global perspectives to the study of law, Council (SSHRC), Canada’s leading and our new programs bring us closer federal agency funding university to our ambition of becoming known as research. Although our faculty “Canada’s Global Law School.” represents only four per cent of the total faculty numbers at Queen's Honour Roll of Donors University, more than 20 per cent of We have included in this year’s mong our many achievements in the university’s SSHRC funding this Queen's Law Reports our annual 2007-08, the April launch of the year was awarded to the law school. A Honour Roll of Donors (see page 38), David Mullan Entrance Scholarship Our new Ph.D. program was listing all donations to the law school ranks at the top. With the generous approved this year, and we will be over the last two years. We are most support of our alumni and friends, admitting our first doctoral students grateful to our many donors, and we we raised more than $1.1 million in in 2009-10. This is another milestone are committed to doing even more to pledges. The Mullan Scholarship is our for our school, and one that reflects build support for our school. first merit-based renewable entrance our goal of placing among Canada’s scholarship, and we were delighted to You may not know that for the past top research-intensive law schools. name it after one of Queen's Law’s several years, the province has capped most beloved professors and scholars. tuition fees at Queen's Law. Our fees International Programs At the launch, we introduced our first are 25 to 40 per cent lower than the two “Mullan Scholars.” Both of these Our international programs continue fees permitted at the two Toronto law exceptionally talented students will be to grow, including new student schools, creating a huge disparity in awarded a $5,000 scholarship in each exchanges with the University of resources. Alumni support is the only year of law school (see pages 36-37). Tel Aviv and Chulalongkorn Law way that we can begin to close this School in Thailand. Our popular gap. I am most grateful to our donors Research Excellence international law programs at the for taking the lead over the last few Queen's University International years in supporting the law school. In this year’s Queen's Law Reports, Study Centre in the U.K. will expand Queen's Law needs your help more we highlight a few examples of our next year to include a new program than ever if we are to provide faculty’s research that is significantly in Comparative Law. Our visitors competitive, first-class programs influencing law and public policy, program continues to feature a wide and opportunities for our students. both nationally and internationally. variety of nationally and internation- Our faculty members are making a I want to thank all of our loyal alumni ally recognized scholars, and we difference on issues including privacy for your ongoing interest in Queen's have once again attracted leading rights, assessing the reliability of child Law, and I look forward to continuing international visiting scholars to witnesses and global refugee research to work with you in support of our teach short, intensive courses. Our (see pages 5-15). school. new faculty members include Darryl I am pleased to report that 2008 marks Robinson, who is highly regarded a record year for external research for his scholarship in international funding at Queen's Law. criminal law.
Bill Flanagan Dean of Law
Queen’s Law Reports 1 ACADEMICEXCELLENCE
QUEEN’SLAWRECOGNIZESEXCELLENCEINTEACHING,RESEARCHANDSCHOLARSHIP
Defence lawyers to law-and-order legislation, Professor LSS Special Lecturer honour Don Stuart Stuart has made a significant contribu- (Sessional) Teaching Awards tion, not only to the administration of Co-instructors Scott Hutchison justice in Kingston, but in Canada," of Stockwoods LLP and Paul Burstein Hodgson said. of Burstein, Unger, Barristers won "Defence counsel play a vital role the 2007 winter term award. Trial in achieving justice and often work Advocacy students valued their under difficult and under-appreciated practical tips and critiques. circumstances," Stuart said in his For the 2007 fall term, David acceptance speech. "I am honoured to Stratas, Law ’84, a partner at Heenan receive this award." Blaikie LLP, received the award for a record sixth time. Advanced Constitu- Don Stuart receives the 2007 Phil Baker Award from Dan Scully, Law ’91, defence Students recognize tional Law students appreciated his lawyer and former KCDLA President, at teaching excellence inspirational teaching style, which the Radisson Harbourfront in Kingston. provoked them to think creatively
Paula Haskin about the constitution. “I was blessed with the most wonderful students Professor Don Stuart received the 2007 who challenged me, who rose to the Phil Baker Award from the Kingston occasion, who progressed so very far,” Criminal Defence Lawyers' Associa- Stratas said. “It was an absolute tion (KCDLA) in December 2007. The privilege to teach them.” award recognizes Stuart's defence of the Charter of Rights and Freedoms, and BLG Research by extension of defence counsel, in the LSS President Je!rey Fung, Law ’08, and Fellowship awarded face of judicial and governmental Dean Bill Flanagan with Professor Erik Knutsen and David Stratas, Law ’84, pressure. two of the "ve 2007 teaching award "In a year that saw increasing pres- recipients, at the awards reception on sure from a ‘law and order govern- April 7. Alison Josselyn ment’ seeking easy votes, as well as very critical public comments by mem- The recipients of the 2007 Law bers of the judiciary, including sitting Students’ Society (LSS) teaching awards, members of the Ontario Court of who were nominated by students and Appeal, there is a real concern that selected by a student committee, were basic rights guaranteed by the Charter announced on April 7, 2008. Trisha Simpson, Law ’10, and Professor will be constricted," said Matt Hodg- Cherie Metcalf, Law‘02
LSS Awards for Teaching Excellence Bernard Clark son, Law ‘96, KCDLA President. Professor Erik Knutsen won the Trisha Simpson, Law ‘10, was Stuart has expressed these concerns 2007 winter term award. Students selected to work with Professor Cherie in the media and in the recent article, appreciated his work in making Civil Metcalf this summer as Queen's Law’s "Criminal Justice is Better Balanced Procedure interesting and fun, through 2008 BLG Research Fellow. Trisha will under the Charter", in the Law Times. his practical focus, enthusiasm and assist Metcalf with a project entitled, Named after Phil Baker, a long- humour. “Nothing could mean more time Kingston judge, the award is to me,” Knutsen said. “I love my job – “The (Ir)relevance of Constitutional given to a person who, while display- I think that probably shows.” Protection for Property Rights?: Com- ing integrity, compassion, and good Professor Larissa Katz received pensation for Takings in Canada and humour, has made a significant contri- the fall 2007 award. Property students the United States.” bution to the administration of crimi- were impressed with her clarity in The Faculty chose Metcalf’s research nal justice in the Kingston community. presenting and analyzing material, project to receive funding from Borden "In defending the Charter protec- effective use of real-life examples and Ladner Gervais LLP’s $1-million national tions afforded an accused, arguing for responsiveness. “Queen's Law has a Research Fellowship program, which increased funding for Legal Aid, and truly unique faculty-student dynamic provides students with opportunities to providing a cogent public argument that has made teaching here its own conduct research under the supervision against all-too-easy political pandering reward,” Katz said. of a faculty member.
2 Queen’s Law Reports ACADEMICEXCELLENCE
Supreme Court Clerk worked as a research assistant for sev- probably the most interesting part of eral professors, and won the Medal in the job.” Erin Dann, Law‘07 Law at graduation. She was well quali- Dann also enjoyed the camaraderie fied to serve as a clerk at the Supreme at the Court. In addition to having reg- Court, which has the highest expecta- ular contact and working closely with tions of its articling students. “I think Justice Fish on all aspects of the cases, having been involved in a lot of differ- Dann spent a lot of time working with ent activities at Queen's is helpful here the other clerks. “It’s a very collegial at the Supreme Court, where we have environment. There’s no sense of com- to balance a lot of different projects at petition; we are working to produce the same time,” Dann said. “When the best work we can, and people are you’re working on a case, it’s really very willing to help each other out. helpful if you have some foundation There’s no hire-back process at the end Erin Dann, Law ’07, in Justice Morris or background in that area of law.” of the line, so I don’t feel like it’s a Fish’s o#ce at the Supreme Court of Canada Dann acknowledged that one of the competitive place at all.” Justice Morris Fish Justice Morris Fish greatest advantages of clerking is the Dann may eventually pursue grad- Erin Dann, Law ’07, articled with opportunity to work directly with uate studies and academia, but in the Justice Morris Fish at the Supreme judges, and to learn how they analyze short-term she is leaning toward prac- Court of Canada in 2007-08. legal issues. “I think that kind of access tising law. There is no question that At Queen's Law, Dann was the edi- to a judge’s thought processes and the her experience clerking at the Court tor-in-chief of the Queen's Law Journal, way his [or her] decisions get made is will help her throughout her career.
Clerkships in 2009-10
Maxime Dea, Law ‘07 Supreme Court of Canada (Justice Marie Deschamps) “I expect that this experience will confirm and strengthen my passion for litigation and help me determine in which specialized area of law I would like to practice.”
Lauren Wihak, Law ‘08 Supreme Court of Canada (Justice Louis LeBel) Lauren Wihak, Law ’08, Mathew Good, Law ’09, and Michael Perlin, Law‘09 Bernard Clark Saskatchewan Court of Appeal 2008-09 (Justices Georgina Jackson, Darla Hunter Mathew Good, Law ‘09 Anna Wong, Law ‘09 and Ysanne Wilkinson) British Columbia Court of Appeal Ontario Superior Court of Justice, Toronto “The interview day was very enjoyable, “Clerking is a means to understand the “Clerking offers a unique opportunity to and I had a rare and privileged opportu- practical, behind-the-scenes mechanics observe good and bad advocacy, and how nity to chat with the country’s highest of judicial decision-making.” judges reason. I hope I can sharpen my jurists.” litigation skills in the process.” Heather Webb, Law ‘09 Michael Perlin, Law ‘09 Superior Court of Justice, Ottawa Ontario Court of Appeal “I will get to see all aspects of the court “Having both private practice and clerking process, hear cases tried in numerous experience will provide me with a balanced areas of law, and observe jury selections, perspective on practice.” sentencing hearings, case conferences and summary conviction appeals.”
Queen’s Law Reports 3 FOCUS
QUEEN’S LAW LAUNCHES PH.D. PROGRAM
By Lisa Graham
Queen's will soon mark a new mile- Ph.D. students will also make signifi- stone by welcoming the first doctoral cant contributions to the school. First Associate Dean of students in law in September 2009. “Doctoral students will play a vital Graduate Studies and In recognition of Queen's Law’s role in enriching the academic commu- Research Appointed research-intensive culture, the Ontario nity at Queen's, not only through their Council on Graduate Studies approved own research activities,” Walters said, the Ph.D. in law degree in June 2008. “but also by teaching and by working By introducing the Ph.D. program, with professors on funded research Queen's Law is responding to a grow- projects.” ing demand for advanced qualifica- The doctoral program will further tions from students interested in enhance Queen's Law’s reputation as academic or research careers in law. a leading institution for graduate “Expanding the Queen's graduate studies. Since the Master of Laws Associate Dean (Graduate Studies and Research) Mark Walters
program to include doctoral studies is (LL.M.) program was established in Bernard Clark a critical step in the evolution of the 1969, Queen's Law has prepared Dean Bill Flanagan appointed Professor law school as a centre for teaching and hundreds of graduate students for Mark Walters, Law ’89, Queen's Law’s first research excellence,” said Associate rewarding careers in legal education, Associate Dean of Graduate Studies and Dean (Graduate Studies and Research) research and policy work. Queen's Research in January 2008. “Mark has a most distinguished record as a scholar and Mark Walters, Law ‘89. LL.M. graduates work throughout researcher, making him the ideal candidate In the program, top law students Canada and abroad as law professors to be our first associate dean of graduate from Canada and abroad will have in universities as well as in govern- studies and research,” Flanagan said. the opportunity to work closely with ment positions. They serve as counsel “This position reflects the Faculty’s leading legal scholars at Queen's. to international organizations and as commitment to expanding and improving These students, who will hold LL.B. judges in such diverse places as New our graduate program and to promoting and assisting the research activities of our or J.D. and LL.M. degrees, will conduct Zealand and Zambia. faculty members.” thorough and original research to And, as early as 2012, the first Walters spent three years as a lecturer, produce a significant piece of legal Queen's Law students will be defend- fellow and tutor in law at Oxford Univer- scholarship, typically over a three- ing their doctoral dissertations, ready sity, from which he had previously received year period. to leave their imprint on the global a doctoral degree in law, before he returned During the course of their studies, legal landscape. to Kingston to begin his faculty appoint- ment as a Queen's National Scholar in 1999. He has received two major awards from the Canadian Association of Law Teachers: the Award for Academic Excellence in 2006, and the Scholarly Paper Award in 2001. Throughout his career, Walters has received significant grants and fellowship funding for groundbreaking research in aboriginal and constitutional law issues from the Social Sciences and Humanities Research Council. In 2004-2005, he was a Visiting Fellow at the Faculty of Law at the University of Cambridge. With an exceptional record of publica- tions in prestigious Canadian and British peer-reviewed journals, Walters recently published his second article in the Cam- bridge Law Journal. He is also among the dozen leading constitutional theorists whose essays have been published in Ex- LL.M. student Tarun Preet Singh, Associate Dean Mark Walters, LL.M. students Jacques pounding the Constitution, a book edited by Ménard and Peter Atupare, Professor Phil Goldman, LL.M. student Saptarshi Chakraborty, University of Western Ontario law profes- Graduate Studies Assistant Phyllis Reid and LL.M. student Angela Fallow sor Grant Huscroft, Queen’s Law ’85. Bernard Clark
4 Queen’s Law Reports COVER STORY
RESEARCH TEAMS INFLUENCE POLICY AND LAW REFORM
A major focus is to connect knowledge with policy change.
This project is about making a di!erence in the world.
Professor Sharryn Aiken
Queen’s Law Reports 5 COVER STORY
ueen's Law faculty members have produced Qhigh-quality legal research throughout the school’s 51-year history. Their outstanding research has influenced academics, practitioners, judges, policy-makers and students. It has changed the legal landscape in Canada and around the world.
Legal research today is dynamic and competitive, and legal scholars are increasingly interested in addressing problems from multidisciplinary and global perspectives. Three Queen’s Law faculty members – Arthur Cockfield, Nicholas Bala and Sharryn Aiken – have been recognized this year for their groundbreaking work on large, long-term multidisciplinary and interdisciplinary team projects.
SURVEILLANCE PROJECT 7
CHILD WITNESS PROJECT 10 CANADIAN REFUGEE RESEARCH NETWORK 13
Stories by Lisa Graham
To "nd out about the exceptional research all Queen’s Law faculty members are currently undertaking, see the faculty web pages at http://law.queensu.ca/facultyAndSta!/ facultyAndSta!Directory.html and the new research web page at http://law.queensu.ca/lawResearch.html
6 Queen’s Law Reports COVER STORY
WHO’S WATCHING THE WATCHERS? SURVEILLANCE PROJECT CASTS A WARY EYE ON THE INFORMATION AGE
e may feel we have a little less privacy these days. W Governments seem to be installing closed-circuit TV “After 9/11, I was worried about government cameras to watch us almost everywhere we go. Canadian Security Intelligence Service investigators can intercept and intrusion into our lives and government infringement monitor our international email and chat-room conversa- tions. Even when we are in our own homes, we don’t know of our privacy rights. I was mainly concerned that— whether the RCMP is overhead, snapping photographs with despite well-meaning e!orts to "ght terrorism— “heat-sensitive” cameras during a fly-by search for hidden marijuana grow-ops. If Canada is becoming a “surveillance governments would unacceptably intrude upon society”—perpetually under scrutiny by government agents—then who’s watching the watchers? That’s what our liberal democratic rights. “ Professor Arthur Cockfield, Law ’93, and the Queen's University Surveillance Project want to know. After spending three years teaching tax law in San Diego, Cockfield returned to Kingston in August 2001, when he was Private information $ows freely appointed to the faculty at Queen's Law. The tragic events of 9/11 led him to focus more of his research energies on issues In 2002, Cockfield and the team turned their attention of privacy law. “After 9/11, I was worried about government to growing concerns about the easy exchange of personal intrusion into our lives and government infringement of our information over international borders. The Social Sciences privacy rights,” Cockfield says. “I was mainly concerned and Humanities Research Council awarded the group $1.9 that—despite well-meaning efforts to fight terrorism—gov- million to study, among other things, the implications of the ernments would unacceptably intrude upon our liberal dem- 2001 Anti-Terrorism Act. In particular, the team wanted to ocratic rights. So I joined the Queen's Surveillance Project.” explore how the government’s attempt to protect citizens Since late 2001, the team has focused on governments’ use using sophisticated new technologies—such as electronic of “heightened national security” to justify increased surveillance—might erode their privacy. scrutiny of members of the public. Under the direction of Over the next three years, the team used $1 million in Professor David Lyon in the Sociology department, the grant funds to conduct a groundbreaking international multidisciplinary team has received international recogni- survey, questioning people in 10 countries about tion for its comprehensive look at how public and private governments’ increasing invasion of citizens’ privacy. organizations gather—and potentially manipulate—the end- Most survey respondents said they were worried less details they collect about people. The team works with about the added intrusion. “Post- 9/11, citizens scholars with similar interests in Australia, Europe and Asia, are less likely to trust their governments,” as well as South America and the U.S. Cockfield says.
Queen’s Law Reports 7 COVER STORY
“Individuals who fear their speech and actions could be monitored by the police might be less likely to help the authorities with investigations, which makes Canadian society less secure.”
Technologies after September 11: A Two-Year Report Card on the Canadian Government.” Added Cockfield: “The inquiry should also scrutinize the sharing of intelligence information by Canadian and American officials to ensure they do not make similar errors in the future.” Following the federal government’s establishment of a Commission of Inquiry and the release of its 2006 report on Arar, Cockfield and the team leaders continued to press for greater public accountability by the government for its surveillance practices, this time directing their concerns to Professor Arthur Cock"eld Bernard Clark Parliament. “We think that privacy laws support critical values within the democratic state,” Cockfield says. Data gathering linked to racial pro"ling RCMP tactics under the gun As the project developed, Cockfield began to grow In 2005, Cockfield was awarded the Charles D. Gonthier uneasy about the dangers of “misinformation gathering.” Fellowship by the Canadian Institute for the Administration He found no significant increase in surveillance activities of Justice, and he used the funds to study the violation of by Canadian police or intelligence agencies in the two years privacy through advanced state-surveillance techniques. after 9/11, but anecdotal evidence hinted at a growing He examined the best legal response to state-led investiga- number of state abuses, particularly with respect to racial tions using intrusive technologies in his 2007 article, profiling of identifiable groups, such as Muslim-Canadians. “Protecting the Social Value of Privacy in the Context of Cockfield argues that racial profiling could result in social State Investigations Using New Technologies.” alienation, allowing targeted groups to adopt an “us-versus- In his paper, Cockfield probed the Supreme Court of them” mentality. Few will benefit, he says, from a blatant Canada’s decision to uphold the rights of the state in the disregard for Charter rights. “Individuals who fear their controversial case of R. v. Tessling. In this instance, the speech and actions could be monitored by the police might RCMP invaded private property based on an informant’s be less likely to help the authorities with investigations, tip, flying a police helicopter over Walter Tessling’s home which makes Canadian society less secure.” using Forward Looking Infra-Red technology to photograph Arar case faces public scrutiny the distribution of heat over the building’s surface. The RCMP then obtained a search warrant and found a sizable amount of marijuana on the premises. The fly-over search Cockfield watched traditional Canadian freedoms being might instead have detected other private—and perfectly tested as controversy arose around the Maher Arar case. legal—activities involving heat sources, such as use of a fire- The U.S. Federal Bureau of Investigation arrested the Syrian- place, sauna or hot tub. Nonetheless, the Supreme Court born Canadian citizen as a suspected terrorist during a stop- held that the search did not violate Section 8 of the Canadian over in New York, then deported him to Syria, where he was Charter of Rights and Freedoms, which states, “Everyone has tortured and imprisoned for more than a year. When U.S. the right to be secure against unreasonable search or officials justified Arar’s deportation based on information seizure.” they had received from their Canadian counterparts, Cockfield and others called for action. “At a minimum, the Canadian government should hold a public inquiry to determine what role the Canadian In 2005, the Ontario Council on University Research authorities played in this matter,” Cockfield told delegates recognized Cock"eld’s leading-edge research in privacy to a conference in Ottawa in 2003, where he presented his law with the Surveillance Project. paper, “The State of Privacy Laws and Privacy-Encroaching
8 Queen’s Law Reports COVER STORY
Despite the outcome of the case, Cockfield maintained that the Supreme Court adopted a test to help protect “These e!orts are directed at creating public policy privacy rights in response to surveillance technology changes. He concluded that a state search is only constitu- that protects privacy rights while also striving to tional when accompanied by appropriate privacy safe- make Canada a more secure environment.” guards. In particular, he called for the development of policies that would establish whether state searches unrea- sonably intrude on an individual’s expectations of privacy To commemorate the 10-year anniversary of 9/11, Cockfield when the state uses technology to collect, distribute and and University of Alberta criminology professor Kevin process personal information. In March 2008, defence Haggerty plan to host a major workshop on private and lawyers in the case of R. v. Six Accused Persons successfully public surveillance issues at Queen's in 2011, with the used Cockfield’s argument to persuade the judge to declare assistance of Professor Sharryn Aiken from Queen's Law. certain police surveillance techniques unconstitutional. Cock"eld researches beyond privacy Civil liberties examined post-9/11
Cockfield’s work with the Surveillance Project and in Against a backdrop of global uncertainty and mounting privacy law represents only a portion of his diverse research fears about terrorism, Cockfield and the team continue to agenda. Government departments and international organi- explore the danger of potential privacy abuses. In February zations, such as the Organisation for Economic Co-operation 2008, Cockfield was once again a successful co-applicant and Development, frequently seek Cockfield’s advice on for grant funding from SSHRC, receiving $2.5 million for international taxation issues. In 2008, Cockfield wrote a a Major Collaborative Research Initiative. The team’s next report on international tax reform for the Department of project, “The New Transparency: Surveillance and Social Finance and the Advisory Panel on Canada’s System of Sorting”, will involve work with 50 international International Taxation. His 2005 book, NAFTA Tax Law and collaborators over the next seven years to study the Policy: Resolving the Clash between Economic and Sovereignty social and political implications of the increasing public Interests, was short-listed for Canada’s largest monetary and private surveillance of citizens. “These efforts are award in economics. In cooperation with a group of directed at creating public policy that protects privacy international researchers, Cockfield is working to encourage rights while also striving to make Canada a more secure lawyers and judges to create sound policies to address the environment,” Cockfield says. impact of technological changes on citizens’ legal rights, As a member of the Surveillance Project’s Executive such as the effect of increased state surveillance. Cockfield’s Team, Cockfield will oversee the research agenda and studies on tax and privacy law and the relationship between budget in a study examining the experiences of citizens changing technologies and the law have been translated into subjected to surveillance and the degree to which police five languages and published in North America, Europe, and intelligence officers have violated their civil rights. Asia and Australia.
For more information on Cockfield’s research for the Surveillance Project, see http://www.surveillanceproject.org/ and http://law.queensu.ca/facultyAndSta!/facultyPro"les/ arthurCock"eldPro"le.html
Cock"eld and the Surveillance Project team presented "ndings and arguments to the Eminent Jurists’ Panel on Terrorism, Counter-terrorism and Human Rights, The Major Collaborative Research Initiative project team: an independent group of experts appointed by the Sociology Professor David Lyon, project leader (back); International Commission of Jurists in 2007. Sociology Professors Elia Zureik and Laureen Snider; and Professor Arthur Cock"eld Stephen Wild Stephen
Queen’s Law Reports 9 COVER STORY illustration by Cloudesley Rook-Hobbs, Law ‘09 Law Cloudesley illustration by Rook-Hobbs,
CHILD PROOF PROJECT EXAMINES THE COMPETENCY AND CREDIBILITY OF CHILDREN
ew lawyers relish the prospect of placing a child on the F witness stand, no matter how important the testimony. “The evidence shows that children are no more likely But Professor Nicholas Bala, Law ’77, and his interdiscipli- nary research team are investigating dilemmas judges and to lie in court than adults; indeed, they may be lawyers have historically faced when dealing with child somewhat less likely to lie.” witnesses – how competent are children to testify, and how well can adults assess whether children are lying? As princi- pal investigator of the team, Bala has spent the last decade judges were calling upon more children to testify. However, examining these questions with his psychologist colleagues, traditional legal rules created stumbling blocks for child and their findings have overturned some central assump- victims. In the past, judges had viewed children as inher- tions about children’s capacity for truth-telling. “One of the ently unreliable witnesses, and provisions in the Canada things we know is that children, like adults, do lie about Evidence Act meant that children were frequently deemed various things,” Bala says. “Yet the evidence shows that incompetent to testify. When they were given the chance to children are no more likely to lie in court than adults; speak in court, children often found the experience highly indeed, they may be somewhat less likely to lie.” stressful, which further traumatized them and compromised In the 1990s, roughly 10 years after he began his faculty their ability to act as witnesses. appointment and work examining children’s legal issues During that decade, Bala spoke with a number of Cana- at Queen's, Bala could see change on the horizon. Public dian crown prosecutors experienced in working with child awareness about the nature of child abuse was increasing, witnesses, including Shelley Hallett, Law ’78, and Wendy and, with more of such cases going to court, lawyers and van Tongeren Harvey, Law ’76. These lawyers shared their
10 Queen’s Law Reports COVER STORY
concerns about the treatment of children by the court sys- tem. In the hope of improving courtroom conditions and legal protections for child witnesses, Bala joined forces with three psychologists—professors Rod Lindsay, Kang Lee and Victoria Talwar—to research child-development issues related to lying and truth-telling. Bala recognized the foren- sic value of the psychologists’ research, and in 1998 this working relationship evolved into the Child Witness Project. By establishing a rare scholarly link between legal academics and social scientists, Bala’s research broke new ground. He began working directly with the psychologists, collecting data in the lab and in the courtroom, and survey- ing judges, lawyers and social workers about their experi- ences with child witnesses. “I am interested not only in what judges are saying in their judgments, but also in understand- ing how the justice system actually affects and deals with children,” Bala says.
Children deemed competent witnesses Professor Nicholas Bala Bernard Clark The team first focused on legislation concerning children’s competency in court. Until recently, the Canada Evidence Act required children to answer questions prior to testifying, in order to gauge their understanding of the “I am interested not only in what judges are saying phrase, “a promise to tell the truth.” In a series of studies, in their judgments, but also in understanding how Bala and the team established that children’s ability to tell the truth was unrelated to their ability to answer questions the justice system actually a!ects and deals with they heard in court in order to determine their competency. children.” Bala’s presentation of the team’s findings to a Parliamen- tary Committee helped convince the Canadian government to revise the child-testimony provisions of the Canada Evi- dence Act. The new law, which came into effect in January Bala and the team have also recommended and evaluated 2006, still requires children to promise to tell the truth before the use of testimonial aids to allow children to testify with- testifying; however, they are no longer asked questions out being seen by the accused. The latest legal reforms about their understanding of such abstract concepts as accommodate child witnesses by allowing them to testify “truth” and “promise” before being allowed to testify. behind screens or via closed-circuit television. Rules of The courts have consistently upheld the new law’s constitu- procedure now also permit courts to accept videotaped tional validity, with judges citing the team’s work in their interviews of children by police officers or social workers as decisions. reliable evidence. While some judges have raised concerns about a lack of access to closed-circuit television and other Team evaluates the reformed law aids in some locales, most courts have welcomed the new provisions that protect the children giving evidence without Since child testimony laws were reformed, Bala and his compromising the rights of the accused. colleagues have been studying the effectiveness of the new legislation. Surveyed judges have expressed support for Team examines children’s credibility changes that simplify children’s involvement in the court process and permit the testimony of younger children who In the effort to ensure that reliable testimony is obtained might previously have been found incompetent. Bala notes from children in complex child-abuse cases, Bala and the that the new legislation ensures children are evaluated based team are taking a closer look at the factors that determine on their ability to answer questions regarding evidence, children’s credibility and trustworthiness in the courtroom. rather than their capacity to tell the truth. “The new compe- In simulation studies to determine adult perceptions of tency provisions have significantly reduced the amount of children’s honesty, the team found judges and lawyers more time required in court and the stress placed on children in adept than law students at assessing children’s credibility. the early part of the inquiry as they testify,” he says. The studies also revealed that most parents have difficulty
Queen’s Law Reports 11 COVER STORY
detecting whether or not their own children are lying. Overall, Bala is pleased with the way the new legislation While these studies were unable to replicate precisely the treats children — easing young victims’ fears about testify- courtroom environment, Bala found that judges and lawyers ing against their abusers. “More people recognize both the struggled to discern credible testimony from children. extent and the traumatic effects of child abuse,” Bala says. “Judges and lawyers are clearly not human lie detectors,” “They see our legal system’s role in apprehending offenders Bala says. “Simply looking at a person and deciding whether and holding them accountable. This development has con- or not they are telling the truth is a challenging task.” tributed to a slow but real decline in levels of abuse.” The team, which has received funding from the Social Sciences and Humanities Research Council since 1999, was recently awarded another grant to continue its research on “Judges and lawyers are clearly not human lie child witnesses. Over the next three years, the team will detectors. Simply looking at a person and deciding continue to study credibility assessment. The studies will include an analysis of children’s true-and-false statements to whether or not they are telling the truth is a determine specific lying patterns, and an assessment of how challenging task.” accurately adults determine children’s honesty. Bala and the team will also review the effect the legal changes have had on the case law.
As one of Canada's leading family and children's law scholars, Bala has a distinguished reputation for his innovative and traditional research methods and his diverse range of publications. Scholars in Canada and abroad frequently cite Bala, and Canadian lawyers and judges frequently quote his research. In its recent decision in R. v. D.B., the Supreme Court of Canada cited Bala's work for the 25th time. In addition to Bala’s traditional legal scholarship, much of his research draws from a variety of disciplines: he collaborates with psychologists, criminologists and social workers to address the problems children and families encounter within the justice system. “I have not only been involved in consuming the research of social scientists about the justice system; I’ve helped to produce it,” Bala Professor Nicholas Bala is introduced as the recipient of the Stanley Cohen Distinguished Research Award by Bill Howe, says. “My collaboration with mental health professionals and a board member of the Association of Family and Concilia- social scientists has allowed me to appreciate both the value—and tory Courts, at its 45th Annual Conference in Vancouver on the limitations—of their work for the justice system.” May 29, 2008. Besides his interdisciplinary work with the Child Witness Project, Bala has been taking a closer look at how domestic violence is BALA RECOGNIZED FOR CONTRIBUTIONS TO handled in the family-law arena. He has been working with three FAMILY AND DIVORCE LAW mental-health professionals to produce a series of papers on this On May 29, 2008, Bala received the Stanley Cohen Distinguished issue, and the group recently created a model to address the e!ects Research Award from the Association of Family and Conciliatory of family violence on the determination of child custody and access. Courts (AFCC) in recognition of his outstanding work in family and The team’s article about their family-violence-assessment model, divorce law. “I am deeply honoured by this recognition,” Bala said, which was published in the most recent issue of the international “particularly in light of noteworthy contributions from previous journal Family Court Review, is already being cited in a number of winners.” countries. Bala became the "rst Canadian to win the award from the AFCC, an The Stanley Cohen Distinguished Research Award is Bala’s second international organization of professionals involved in the family court major award in three years for his valuable research contributions. system striving to empower families and promote healthier futures for He won the Queen’s Prize for Excellence in Research in 2006 during children. Most of the award’s previous recipients were leading American an annual university-wide competition. For more information about researchers in the mental health "eld, including such scholars as this award, see “Nicholas Bala Wins Top University Research Prize” Sanford Braver, Joan Kelly and Janet Johnston, whose work focused on page 2 of the 2007 issue of Queen’s Law Reports at primarily on the e!ects of divorce on parents and children. http://law.queensu.ca/alumni/publications/lawReports2007.pdf
12 Queen’s Law Reports COVER STORY
JUSTICE WITHOUT BORDERS NETWORK SEEKS TO RECLAIM REFUGEE SETTLEMENT RIGHTS © UNHCR/K. H. Caux
anada has a worldwide reputation as a country friendly C to immigrants, and thus Professor Sharryn Aiken “If we’re looking at how Canada should be watched with dismay as the country established legal road- blocks for refugees shortly after 9/11. The government’s new responding to the refugee crisis internationally, national-security measures prompted Aiken to question we need to gain a sense of how other countries are whether the country would continue to make room for those left homeless overseas, or turn a blind eye in the name of responding to this crisis.” foreign policy and protection against terrorism. Seven years later, Aiken is still exploring the plight of refugees in Canada and elsewhere in the world. As part of a global, multidisci- An international study group is formed plinary research group known as the Canadian Refugee Research Network, she can now play a key role in influenc- Aiken’s current refugee project started some time ago. ing public policy in order to improve the lives of vulnerable In 2004, SSHRC began awarding funds to small research persons displaced by war, conflict and rights abuses. teams, and supporting the development of mini-networks A refugee law expert who joined Queen's Law in 2002, in Canada. In partnership with interdisciplinary teams at Aiken will work with the other research team members to the CRS, the University of Alberta and the University of assess the impact of security measures on refugee safety, Montréal, Aiken obtained funding for two projects: A the growing incidence of human smuggling and increased Critical Comparison of the Settlement and Integration Experiences access to legal protections for refugees under the Geneva of Refugees and Immigrants in Canada and Phase 2 Refugee Inte- Convention. The project, A Canadian Refugee Research gration and Protection. The success of these projects laid the Network: Globalizing Knowledge, is based at York University’s groundwork for a broad-based research project on refugees. Centre for Refugee Studies (CRS), Canada’s leading Aiken was able to use comparative data compiled during a institution for refugee research, with which Aiken has been previous case study that examined the effect of post-9/11 affiliated for 10 years. Aiken was one of nine co-applicants security measures on the safety and freedoms of the Sri who submitted a funding bid to SSHRC in conjunction with Lankan Tamil refugee community. project leader and CRS director Professor Susan McGrath of Over the next seven years, Aiken and the team will use York’s School of Social Work. In May 2008, SSHRC awarded their grant funds to build a global refugee network that will the team a $2.1-million research grant to create an interna- connect academics, policy-makers and practitioners across tional knowledge network to study and share information the globe. “The project seeks to gather research from scholars about the needs of refugees and the challenges they face across the country and bring these academics together in around the globe. organized ways to share and build upon their knowledge,”
Queen’s Law Reports 13 COVER STORY
Aiken says. “In turn, Canada will become a knowledge Researchers address refugee policy issues exporter.” In addition to researchers from the seven Canadian and Aiken will probe two key policy issues: the current weak- 10 international universities comprising the network, 21 nesses within the refugee determination system and the institutional partners will join the team, including the harsh realities associated with “externalized asylum”. Canadian Council for Refugees and the University of In the first instance, she will explore recent efforts to restrict Witwatersrand in South Africa. “We have identified a refugee claimants in support of national security measures broad range of institutional partners on every continent,” and the effect of those new restrictions upon the lives and Aiken says. “These partnerships will provide a greater aspirations of refugees around the world. In the second in- depth of knowledge about the policies and laws regarding stance, Aiken will address governments’ increasing tendency refugees worldwide, since Canadian research can be shared to establish complex geographical and legal barriers to pre- and compared with similar knowledge elsewhere.” vent potential asylum-seekers from reaching destinations in As one of two legal experts on the team, Aiken will lead order to claim refugee status. “Government has adopted all the research related to refugee law and expand the team’s kinds of policies related to the interdiction of refugees,” expertise regarding refugee policy and international refugee Aiken says. “These policies prevent people from getting law—steering her studies toward the global effort to care for on planes when they don’t have adequate documents, they displaced or endangered people worldwide. “If we’re look- impose visa restrictions and they make it very difficult for ing at how Canada should be responding to the refugee people to escape high-risk zones.” crisis internationally, we need to gain a sense of how other countries are responding to this crisis. And we need to learn more about the fate of refugees in the ‘refugee-producing “A major focus of the refugee network is to connect regions’ of the Global South,” Aiken says. Network members plan to play an active role in the crisis by sharing their knowledge with policy change. The whole under- understanding about the plight of refugees with scholars and policy-makers in various countries, and by approaching pinning of this project is about making a di!erence individual governments to offer possible solutions for man- in the world.” aging the movement of refugees at home and abroad.
Aiken’s colleagues, including sociologists, political scientists and environmental specialists, will apply their perspectives in order to understand other important issues facing refugees. The issues these scholars will address include the resettlement of refugees traumatized by protracted stays in refugee camps, the human-rights and displacement issues associated with lengthy refugee claims and the tendency for development pressures to displace large groups. Aiken sees a vital connection between Cana- dian refugee researchers and their counterparts around the world—each working toward a common goal. “A major focus of the refugee network is to connect knowledge with policy change,” Aiken says. “The whole underpinning of this project is about making a difference in the world.”
Immigrant stereotypes go on trial
By creating greater public awareness about the needs and concerns of refugees, Aiken and her colleagues hope to quash a few stereotypes about foreign migrants. Despite some Canadians’ inclination to blame immigrants or refugees for creating an economic downturn by “stealing” jobs, studies show the reverse is actually true. “Canada needs immigrants and refugees—our economy actually Professor Sharryn Aiken depends on it,” Aiken says. “Over time, refugees contribute
14 Queen’s Law Reports COVER STORY
she says. “Our project seeks to promote the positive reasons for these legal obligations so that they may be understood by ordinary Canadians.”
Refugee law gains global audience
Aiken and her team members will advance the cause of refugees worldwide by seeking greater cooperation between U.N. signatories. Aiken notes that refugee law decisions hold weight in the international arena, which is a good reason for immigration lawyers to become familiar with refugee policies from other regions. A decision of the High Court of Australia with respect to the interpretation of the definition of “refugee,”for instance, would be relevant to a Canadian lawyer, judge or legal academic working with the same definition embodied in Canadian law. As part of the global-network project, Aiken and the team plan to develop websites to share such important legal decisions with fellow researchers. “Our network seeks to connect people working in this area so Canadian lawyers can access leading-edge jurisprudence from anywhere in the world,” she says. “Project participants in various locations share some of this legal knowledge already, but we definitely
© UNHCR/K. McKinsey/February 2006 need to share more of it.” far more to the Canadian economy than they take away.” Aiken draws on career work Aiken cites the example of the federal government’s active recruitment of immigrants to support a pension system Aiken is poised to expand the global reach of her re- otherwise threatened by an aging population and low search, given her already strong background in immigration birth rate. “Our project will attempt to debunk some of and refugee law combined with her diverse experiences the myths about the impact of refugees who come to live overseas. A former practitioner of immigration and refugee in Canada, and change negative perceptions about refugees law in Toronto, Aiken has been involved with the Canadian globally.” Council for Refugees since 1992, serving terms as president The research team has uncovered a disturbing trend and as the Legal Affairs Committee co-chair. She has repre- in northern countries of viewing refugees with distrust sented the council in a number of precedent-setting cases in or disdain. She points to the growing use of such labels the Supreme Court of Canada, including Baker v. Minister of as “bogus refugees,” “economic migrants,” or “irregular Citizenship and Immigration, Suresh v. Canada and, most re- movers” to describe refugees in general, implying that cently, the cases of Charkaoui, Harkat and Almrei. She has also such people lack valid reasons for leaving their countries worked closely with a number of researchers on interna- of origin. However, Aiken argues that Canada’s role as tional projects, such as the training of refugee law judges in signatory to the 1951 United Nations Refugee Convention South Africa, the Philippines and Uganda, as part of her re- prevents the country from sending refugees back to search for the CRS. Aiken is the editor of Refuge, the interdis- countries where they are at risk of persecution. “Canada ciplinary journal on forced migration, and one of Canada’s actually has an international obligation with respect to co-coordinators for the University of Michigan’s “Refugee refugees that is embodied in our domestic legislation,” Caselaw” website. In 2006, she co-authored Immigration and Refugee Law: Cases, Materials, and Commentary, the first case- book on this subject in Canada. “Our project will attempt to debunk some of the myths about the impact of refugees who come to live For more information on Aiken’s research for the in Canada, and change negative perceptions about Canadian Refugee Research Network, see refugees globally.” http://www.yorku.ca/crs/ and http://law.queensu.ca/ facultyAndSta!/facultyPro"les/aiken.html
Queen’s Law Reports 15 ALUMNI IN ACADEMIA
QUEEN’S LAW ALUMNI EDUCATE AND INSPIRE THE NEXT GENERATION OF LAW STUDENTS
H. PATRICK GLENN, hosted by the Faculty of LAW ‘65 Law Visitors’ Commit- Queen’s Law is delighted that B.A. (UBC), LL.B. (Queen’s), tee and with Professor Glenn will teach in the new LL.M. (Harvard), Martha Bailey's Com- D.E.S. (Strasbourg), parative Legal Tradi- Comparative Law program at H.LL.D. (Fribourg) tions class. His current the International Study Centre project, “The Open in the spring of 2009. Peter M. Laing Professor State,” is about the re- (See story on page 19.) of Law, McGill University ceptivity of state law to various forms of Research Interests: transnational law. Comparative law, private international law, civil procedure and the legal profession RONALD MCCALLUM, McGill University LL.M. ‘74 In 2006, Professor Patrick Glenn received the Prix Leon- B. Juris., LL.B. (Monash), Gérin, a prestigious social sciences award given by the LL.M. (Queen’s) Government of Quebec, Professor and former for his contributions to “The professors I had at the field of comparative Dean of Law, Queen’s in the 1960s, led by law. In 2000, Glenn pub- University of Sydney lished Legal Traditions of Dean William Lederman, Research Interests: the World, a book which introduced me to the idea of earned him the Grand Labour and teaching and writing about Prize of the International employment law Academy of Comparative law as a full-time, career-long Law, and is now in its commitment. I’ve been in-
third edition. During his University of Sydney spired by this idea ever since, term as Director of the Institute of Comparative and am grateful to Queen’s Professor Ronald McCallum, an advocate in support of Law at McGill University, for providing such a disability rights, was the first completely blind person ap- he helped reform the pointed to a professorship convincing, and ongoing, Russian Civil Code and at any university in Aus- In 2007, McCallum received the tralia. Having started his the judicial education model.” Queen’s University Alumni system in China. academic career in the Association’s highest honour, A member of the Royal Society of Canada and the Inter- Queen's LL.M. program national Academy of Comparative Law, Glenn has been a on a Commonwealth the Alumni Achievement Award, Scholarship in 1972, Bora Laskin National Fellow in Human Rights, a Killam for his leadership and signi"cant Research Fellow, and a Visiting Fellow at All Souls College McCallum went on to contribution to public service. in Oxford. receive an Australian ”I entered Queen's in 1962 with a view to eventually prac- Centenary Medal in 2002 tising law,” Glenn said. “The professors I had at Queen's in and become an Officer of the Order of Australia in 2006. the 1960s, led by Dean William Lederman, introduced me to McCallum was the Blake Dawson Waldron Professor in the idea of teaching and writing about law as a full-time, ca- Industrial Law from 1993 to 2007. He was the inaugural president of the Australian Labour Law Association and was reer-long commitment. I’ve been inspired by this idea ever appointed Asian Regional Vice-President of the International since, and am grateful to Queen's for providing such a con- Society for Labour and Social Security Law in 2006. vincing, and ongoing, model.” A widely published scholar, his latest book is McCallum’s Glenn returned to Queen's Law on January 24, 2008 to Top Workplace Relations Cases: Labour Law and the Employment discuss his recent papers on legal traditions at a seminar
16 Queen’s Law Reports ALUMNI IN ACADEMIA
Relationship as Defined by Case Law, published by CCH Aus- She served as Associate Dean of Graduate Studies at the tralia Ltd. The book examines 35 key decisions related to all University of Toronto Faculty of Law from 1990 to 1995. aspects of the employment relationship and the obligations “Queen's was absolutely pivotal in my life and career,” of employees and employers in Australia. said Réaume, who credits many “superb” professors at “As a totally blind person wishing to become a law aca- Queen's Law for inspiring her. “I am particularly grateful to demic in Australia, I needed to be able to show prospective then Dean Adell, who encouraged my academic leanings, to employers that I had the capacity to be a good teacher, re- Bev Baines, who gave me an opportunity to pursue my femi- Q ' searcher and writer,” McCallum said. “The ueen s Law nist leanings, and to Mark LL.M. program enhanced my skills and enabled me eventu- Weisberg, who nurtured “Queen’s taught me that ally to become the Dean of the Faculty of Law of Australia’s my interest in legal theory, oldest university, the University of Sydney.” understanding law was which enabled me to spe- In 2007, McCallum received the Queen's University cialize my graduate work not just a matter of Alumni Association’s highest honour, the Alumni Achieve- in the area at Oxford.” 'case-crunching', but ment Award, for his leadership and significant contribution Réaume was also in- to public service. involved an e!ort to spired by the “lively intel- McCallum is currently working on two projects. For the dig deep into the reasoning first, “Workplace Death and Injury,” he and two colleagues lectual atmosphere” she in cases to "gure out the were recently awarded an Australian Research Council Dis- found at Queen's. covery Grant. For the second, he is a member of an interna- “Queen's taught me that underlying assumptions, understanding law was tional, inter-university research group based in Canada. normative commitments In 2008, this group was awarded a seven-year, $2.5-million not just a matter of ‘case- and future implications. grant from the Social Sciences and Humanities Research crunching’, but involved Council to support their work helping businesses respond an effort to dig deep into Every day I try to impart better to employees’ needs in an increasingly global the reasoning in cases to this same wisdom to my competitive environment. figure out the underlying own students.” assumptions, normative commitments and future implications,” she said. “Every day I try to impart this same DENISE RÉAUME, wisdom to my own students.” LAW ‘80 Réaume is currently developing a theory of legal equality, B.A., LL.B. (Queen’s), exploring in particular the role that the concept of human B.C.L. (Oxford) dignity might play in such an account. She is also engaged in a second project that studies the types of reasoning that Professor, University of courts use in order to develop justifications for the limitation Toronto of human rights. Réaume’s most recent accomplishments include serving Research Interests: as the guest editor of “Rewriting Equality/Récrire l’égalité,” O!cial language rights a special issue of the Canadian Journal of Women and the in Canada, discrimination Law debuting the Women’s Court of Canada. Her own law and gender issues contribution to that volume was the “Judgment of the in tort law Women’s Court of Canada in Law v. Canada.” Her article, “The Relevance of Relevance to Equality Rights,” was
University of Toronto Toronto University of featured in the Queen's Law Journal, and she was included in the Louisiana Law Review for her work, Professor Denise Réaume has taught at the University “Discrimination and Dignity,” reprinted in several of Toronto since 1982. She is an internationally acclaimed other books. She contributed the article, scholar and teacher who has held visiting chairs and “The Role of Intention in the Tort in professorships at the University of British Columbia, the Wilkinson v. Downton,” to the 2007 book University of Saskatchewan and the University of Victoria. Emerging Issues in Tort Law.
Queen’s Law Reports 17 GLOBAL PERSPECTIVES
QUEEN’S LAW EXPANDS ITS HORIZONS
In 2007-08 the Faculty offered new opportunities for students to study and work abroad, and for professors to collaborate on research projects with scholars from around the world
STUDENT INTERNS DEVELOP THEIR staff of four, Fazilah gained experience SKILLS ABROAD drafting the department’s extensive report to the General Assembly regard- With support from the Torys Public ing the U.N.’s support for “New or Summer Internship Award Program Restored Democracies.” and the Dean’s Excellence Fund, stu- Fazilah’s participation in the Inter- dents from Queen's Law have the national Law Spring Program at the opportunity to gain knowledge and Queen's International Study Centre in skills as summer interns for not-for- the summer of 2006 was of great assis- profit and public-interest agencies in tance to her at the U.N. “The ISC pro- Canada and abroad. gram provided me with a solid found- In the summer of 2007, students ation for some of the issues in interna- interned with agencies from the Cana- tional law which translate into daily dian Internet Policy and Public Interest concerns at institutions such as the Clinic in Ottawa to the Transgender U.N.,” she said. In turn, Fazilah was Legal Defense and Education Fund inspired by her co-workers at the U.N. in New York to the Israel Centre for “The opportunity to engage with Family Justice in Jerusalem. people from all over the world—each Fazilah Hussain and Kate Findlay taking different routes to arrive in this of Law ’08 both enjoyed rewarding one place—was extremely eye-open- international internships. ing.” Kate Findlay, Law ‘08, visits Kek Lol Si Temple in Penang, Malaysia Diplomacy explored in NYC Women’s equality sought in Malaysia Fazilah Hussain interned for the Kate Findlay interned with the Department of Political Affairs for The Legal Reform Committee of the children. Kate contributed to the cen- Focal Point for Democracy and Rule of Women’s Centre for Change (WCC) in tre’s work by drafting several legal Law at the United Nations Headquar- Penang, Malaysia. The centre is a not- memoranda, editing a proposed ters in New York City, taking part in a for-profit, non-governmental organiza- amendment to the Domestic Violence Act variety of research projects. As the tion which seeks to alleviate human- and conducting research to assist in the only native English speaker among a rights abuses against women and drafting of a proposed Equality Act. Kate found that her knowledge of other common law legal systems and familiarity with researching case law in other jurisdictions provided the WCC with an important international perspective. She quickly discovered her co-workers appreciated her com- mand of English, enabling her to proofread important documents in English. “My presence doubled the centre’s full-time legal team, allowing the organization to come much closer to completing projects that had been on hold for some time,” Kate said. “My internship provided me with first-hand knowledge of the legal chal- Fazilah Hussain, Law ‘08, at the United Nations Security Council Chamber in New York City lenges facing women in Malaysia.”
18 Queen’s Law Reports GLOBAL PERSPECTIVES
DEMAND FOR INTERNATIONAL LAW PROGRAM DOUBLES
2008 was a banner year for the International Law Spring Program held each May and June at the International Study Centre at Herstmonceux Castle in England. The 50 students in the pro- gram, which includes extensive course work at “the castle” and a week-long Kathryn Aubrey-Horvath, Law ’08, is field trip to international institutions in interning in Cambodia. Europe, enroll in Public International Law or International Business Law. Intern assists with The number of applications for the two Khmer Rouge prosecution modules doubled in 2008. Kathryn Aubrey-Horvath, Law ’08, To keep pace with demand, a third one of 11 Queen's Law students who module in Comparative Law will be received funding to intern in the sum- added to the program in 2009 so that mer of 2008, is working in Cambodia 75 students can attend next year. as part of the United Nations Assis- The Comparative Law module will tance to the Khmer Rouge Trials (UN- include courses in Comparative Law Law ‘10 students Adrian Di Lullo, AKRT). The UNAKRT is a technical Traditions, Common Law and Civil Stephanie Hermans, Corinne Taliunas, assistance project designed to imple- Law Traditions, and European Union and Gerard Kennedy at Herstmonceux ment the Agreement between the Castle in East Sussex in May 2008
Law. Chris Missiuna United Nations and the Royal Govern- ment of Cambodia Concerning the Prosecution under Cambodian Law of Crimes Committed during the Period 2008 INTERNSHIPS of Democratic Kampuchea during the late ’70s. Behrouz Amouzgar, Law ’10 Catherine Longo, Law ’10 Kathryn is working with an inter- Tehran Regional Arbitration Centre, Tehran Institute of Local Government national team of lawyers and analysts Studies, Accra, Ghana Kathryn Aubrey-Horvath, Law ‘08 in the Office of the Co-Prosecutor to Extraordinary Chambers in the Courts of Veronica Marson, Law ’10 prepare cases against the country’s Cambodia, Phnom Penh Sylvia Rivera Law Project, senior leaders and political criminals New York to be brought for prosecution before Deanna Brummitt, Law ’10 Pivot Legal Society, Vancouver Stevie O’Brien, Law ’10 the Extraordinary Chambers in the International Lawyers and Courts of Cambodia. “Justice deferred Jeremy DeMan, Law ’09 Economists Against Poverty, Toronto is justice denied, and Cambodians International Criminal Tribunal for have waited in suspense for three long the Former Yugoslavia, The Hague Alexander Patrick, Law ’10 Clinton Foundation, New York decades,” Kathryn said. “Medical Tom Eaves, Law ’09, and doctors from around the world have Emily Ng, Law ’10 Mike Simpson, Law ’09 helped Cambodians treat their physi- Bridges Across Borders Southeast Asia New York Human Rights cal scars. Now, armed with my Legal Studies Internship Commission Program, Chang Mai, Thailand; Phnom Queen's Juris Doctorate, I will be part Penh, Cambodia; and of an international team that seeks to Vientiane, Laos heal Cambodia’s collective emotional and psychological scars.”
Queen’s Law Reports 19 GLOBAL PERSPECTIVES
QUEEN’S LAW CREATES TIES WITH TEL AVIV
An Israeli scholar with a unique perspective on international terrorism paid a visit to Queen's Law in Sept- ember 2007. Professor Daphne Barak- Erez of the University of Tel Aviv Faculty of Law, an accomplished senior scholar and the Stewart and Judy Colton Chair in Law and Security, was selected to come to Queen's through the Principal’s Development Fund New International Research Collaborations Program. A widely published researcher and writer, Barak-Erez has published work in more than 50 international and Israeli journals and is the author of Professor Sakda Thanitcul of the University of Chulalongkorn Law School in Thailand 10 books. during his visit to Queen’s Law. Alison Josselyn In addition to teaching an intensive one-credit seminar course on law and THAI TRADE EXPERT OVERSEAS STUDIES terrorism, Barak-Erez presented her VISITS QUEEN’S ON THE AGENDA current research in the visiting lecture series. She impressed faculty members Professor Sakda Thanitcul of the Students with an eye for interna- and students with her talk about the University of Chulalongkorn Law tional opportunities are pleased that ways different legal systems perceive School in Thailand shared his Queen's Law has several new interna- and fight terrorism. Barak-Erez also international trade expertise with tional joint educational programs this presented a research paper entitled, faculty and students as a visiting year. An agreement with the Univer- “Symbolic Constitutionalism: On Q ' scholar at ueen s Law during the sity of Jean Moulin Lyon III in France Sacred Cows and Abominable Pigs,” 2007-2008 academic year. Thanitcul will permit Queen's Law students to and met with Queen's Law faculty has an LL.B. from Chulalongkorn take English-language LL.M. courses members to discuss the differences University, an LL.M. and Ph.D. in at that university. The new agreement between anti-terrorist tactics in North Law from the University of builds on the existing student partner- America and Israel. Faculty members Washington in Seattle, and an ship, enabling students from both law declared Barak-Erez’s visit a great LL.M. and LL.D. from Kyoto schools to take courses at the partner success, prompting discussion of the University in Japan. His research law school. Links forged during Uni- creation of a Queen's/Tel Aviv Law background is in international versity of Tel Aviv Professor Barak- Student Exchange. trade, international monetary Erez’s visit to Queen's Law are competition and product-liability expected to result in opportunities for issues. During his stay at Queen's student exchanges in Israel as early as Law, Thanitcul taught International the upcoming academic year. Economic Law and Business Law For students interested in a South and East Asia and discussed his African perspective, Professor Chuma research with faculty members. Himonga of the University of Cape His visit concluded with plans Town Faculty of Law will be a to foster a broader partnership Visiting Professor in February and between Queen's Law and March of 2009. Himonga will teach Chulalongkorn Law. a short course on the impact of the constitution of South Africa on family and African customary law. She will also present her current research on Professor Daphne Barak-Erez of the adoption law in South Africa during University of Tel Aviv the visiting lecture series.
20 Queen’s Law Reports GLOBAL PERSPECTIVES
VISITING SPEAKERS AND LECTURERS 2007-2008
Queen’s University Principal’s The Honourable Mr. Justice David Development Fund Doherty, Ontario Court of Appeal, “What is a Miscarriage of Justice?” Christina Rodriguez, New York University, “Immigration and Inevitability” Dean Heidi Hurd, University of Illinois, “The Morality of Mercy” Daphne Barak-Erez, Tel Aviv University, “Symbolic Constitutionalism: On Sacred Dean Ron McCallum, Cows and Abominable Pigs” University of Sydney, “Developments in Australian Legal Education: Lessons for Other Nations” Dr. J.A. Corry Memorial Lecture Lynda Haverstock, Former Lieutenant John Gardner, Oxford University, Governor of Saskatchewan, “H.L.A. Hart’s Punishment and “Legal Role of the Lieutenant Governor Responsibility: Forty Years On” in Modern Canadian Society”
Catriona Gibson Memorial Lecture David Fontana, George Washington University, Victor Tadros, University of Warwick, “Secondary Constitutional “Wrongs and Crimes” Review: Lessons from the New British System of Constitutional Review”
McCarthy Tetrault Information Matthew Groves, Monash University, Technology Visitorship “Judicial Review of Administrative Action in the Rosemary Coombe, York University, High Court of Australia” “A Broken Record: Music as a Subject of Cultural Rights” Bradley Wendel, Cornell University, “Politics and Government Lawyers”
Law & Economics Discussion Group Michael Moore, University of Illinois, Shi Ling Hsu, U.B.C., “Causing, Aiding and the Super#uity “The Identi"ability Bias in of Accomplice Liability” Environmental Law” Patrick Glenn, McGill University, Laurence Ashworth, “Globlization and National Queen’s University School of Business, Legal Traditions” “Advertising Deception, Correction Alan Brudner, University of Toronto, and the Defensive Consumers” “Subjective Fault for Crime: The Honourable Mr. Justice Marshall A Reinterpretation” Rothstein, Supreme Court of Canada, Sheryll Cashin, Georgetown Law Centre, “Law and Economics in Legal Practice” “Race, Class and the American Dream” Laura Underku#er, Duke University, Law Foundation of Ontario Visitors “Captured by Evil: The Idea of Corruption in Law” Iddo Porat, Ramat Gan Law School, “Why All Attempts to Make Judicial Robert Hockett, Cornell University, Review Balancing Principled Fail?” “The Impossibility of Paretian Prescription: Preferences, Lee Anne Fennell, University of Chicago, Principles and Imperatives in ”Homeownership 2.0” Law and Economics”
Queen’s Law Reports 21 CONFERENCES AND SYMPOSIA
QUEEN’S LAW CONFERENCES BRING TOGETHER EXPERTS TO DISCUSS AND DEBATE
REUNION TO CELEBRATE OUR CRIMINAL LAWYERS Four Points Sheraton, Kingston, Ontario, September 15, 2007 As part of Queen's Law’s 50th anniversary celebrations, this event saluted alumni who have chosen careers in the criminal justice system. Following two lively discussion panels, alumni and faculty renewed their friendships at a cocktail reception and dinner.
For more information and pictures, see http://law.queensu.ca/news/archives/juneToSeptember2007/criminalLawReunion.html
Justice Tom Cromwell, Law ’76, of the Nova Scotia Court of Gary McNeely, QC, Law ‘64, of McNeely & Kelly; Norman Boxall, Appeal; Greg Fitch, Law ’85, of the Ministry of the B.C. Attorney Law ‘78, of Bayne Sellar Boxall; Justice David Salmers, Law ‘80, of General; Heather Perkins-McVey, Law ’86, defence counsel in the Superior Court of Justice (Durham Regional Municipality); Ottawa; and Professor Don Stuart and Donald Bayne, Law ’69, of Bayne Sellar Boxall Bernard Clark Bernard Clark
Professor Allan Manson, moderator of the panel, “The Use and Panellist Alan Gold, Law ‘70, of Alan D. Gold Professional Misuse of Evidence” Corporation Bernard Clark Bernard Clark
14TH ANNUAL BUSINESS LAW SYMPOSIUM Four Points Sheraton, Kingston, Ontario, October 19, 2007 North American lawyers, academics and policy-makers debated topics concerning energy and the law, an area of growing importance for Canada and the world as a result of issues such as global warming, power generation and the Alberta oil sands. Sarah Powell, Law ‘91, of Davies Ward Phillips & Vineberg LLP was a panellist, and Jim Papamanolis, Law ’06, of Ontario Power Generation was the moderator on the “Energy and the Environment” panel.
For more information and pictures, see http://law.queensu.ca/news/archives/october2007/buslawsym07.html
Professor Paul Paton (middle), Faculty Director and Convenor of the Symposium and student coordinators Kim Newton, Law ’08, Michael McIsaac, Law ’09, James McDonald, Law ’08, and David Professor Paul Paton with panel moderator Michael Smith, Kramer, Law ’08, MBA ’09 Law ’90, of Patton Boggs LLP Taylor Studios Taylor Studios Taylor
22 Queen’s Law Reports CONFERENCES AND SYMPOSIA
OPEN FEDERALISM AND THE SPENDING POWER: A SYMPOSIUM ON CONSTITUTIONAL AND POLITICAL FEDERALISM Co-hosted by Queen’s Law and the Institute of Intergovernmental Relations, Queen’s University, January 25-26, 2008 Leading Canadian academics in constitutional law, public policy and political science joined government o$cials to discuss complex and emerging issues of Canadian federalism at this conference. In attendance were representatives from the federal and provincial governments, business and academia and students.
For more information and pictures, see http://law.queensu.ca/news/archives/january2008/federalismSpursLivelyDebate.html
Dean Bill Flanagan introduces keynote Conference co-organizer and Professor Stan Corbett, Law ‘95, and speaker and former dean of Queen’s Law, panellist Professor Hoi Kong Professor Emeritus Gordon Bale, Law ‘62 Professor Emeritus John Whyte, Law ‘68 Randy deKleine-Stimpson Randy deKleine-Stimpson Randy deKleine-Stimpson
GLOBALIZATION AND THE IMPACT OF TAX ON INTERNATIONAL INVESTMENTS: A SYMPOSIUM IN HONOUR OF THE LATE ALEX EASSON Queen’s University, Kingston, Ontario, February 29, 2008 Tax lawyers and professors from Canada, the United States, Australia and Hong Kong discussed how tax, in light of recent globalization, a!ects international investments, in order to develop appropriate international tax laws and policies. Attendees agreed that the tax symposium was the best way to celebrate the life and career of the late Professor Emeritus Alex Easson, who was internationally renowned for his work on international taxation and foreign investment.
For more information and pictures, see http://law.queensu.ca/news/taxSymposiumCelebratesAEasson.html
Panellists Professor Kathy Lahey, Professor Jinyan Li, LLM ‘87, of Osgoode Hall Law School, and Commentator Lori McMillan, Panellist Professor Kathleen Lahey Professor Richard Cullen of the University of Law ’95, a tax professor at Washburn Hong Kong University Alison Josselyn Alison Josselyn Alison Josselyn
Symposium co-chair Associate Dean Arthur Cock"eld and Dean Kim McGarrity, Law ‘08; commentator Brian Mustard of KMPG Bill Flanagan (second and third from left) with partners of the and Department of Finance Canada; panellist and international symposium's sponsoring "rm, KPMG: Brian Mustard, Mark tax lawyer David Kerzner, Law ‘90; and Kevin Refah, Law ‘08 Meredith and Gabe Hayos Randy deKleine-Stimpson Randy deKleine-Stimpson
Queen’s Law Reports 23 SCHOOL NEWS
FACULTY NEWS
Professor Paul B. Miller Professor Darryl Robinson Professor Stan Corbett, Law ‘95 Bernard Clark
NEW FACULTY WELCOMED classroom. After clerking at the NEW ASSOCIATE DEAN Supreme Court of Canada, he served %ACADEMIC& APPOINTED Two new talented faculty members as a legal officer at Foreign Affairs Queen's Law is delighted to joined Queen's Law in July 2008 as as- Canada from 1997 to 2004. His work in announce the appointment of sistant professors. negotiating the Statute of the Interna- Professor Stan Corbett, Law ’95, Paul B. Miller arrived at Queen's tional Criminal Court and in develop- as the Faculty’s next Associate after clerking for Justice Ian Binnie at ing Canada's new war crimes Dean (Academic). Corbett began the Supreme Court of Canada. He has legislation earned him a Minister's his two-year appointment on July a M.Phil. from Cambridge University Citation and a Minister's Award for 1, 2008. Queen's Law also thanks and a J.D., M.A. and Ph.D. in Philoso- Foreign Policy Excellence. From 2004 the outgoing associate dean, phy from the University of Toronto. to 2006, he helped shape the early poli- Professor Arthur Cockfield, for his With a fellowship from the Social cies and strategies of the new Interna- outstanding service during his Sciences and Humanities Research tional Criminal Court as an advisor term in the role. Council, Miller recently completed to the court's chief prosecutor. Most his doctoral thesis, “Essays Toward a recently, he was a fellow, adjunct Theory of Fiduciary Law.” His thesis professor and acting director of the provides a philosophical explanation International Human Rights Clinic at NEW STAFF APPOINTMENTS of, and justification for, fiduciary liabil- the University of Toronto Faculty of ity, a neglected topic in the philosophy Law. He has published many book Leeann Beggs, a former practitioner of private law. chapters and articles on topics in and career services director at the Miller's research interests include international criminal law. University of Windsor Faculty of Law, fiduciary law, trusts, corporate law, A Gold Medallist and President's joined Queen's Law as Co-Director of legal theory, and health law and bio- Scholar at the University of Western Career Services in July 2008. ethics. He has published several arti- Ontario Faculty of Law, he went on to cles and two book chapters, and his become a Hauser Scholar at New York Karen Gordon, who has held senior development positions with the work has been cited in prominent University School of Law. At NYU, he United Way and two universities, journals in law and medicine. also received the award for highest joined Queen's Law as Associate Q ' standing in the International Legal “I was drawn to ueen s Law for Director, Development in August 2008. several reasons,” said Miller. “At the Studies LL.M. Program. top of my list: the opportunity to work “I was drawn to the energetic and with talented colleagues and vibrant forward-looking faculty at Queen's, students, and to gain membership in which is making exciting contributions a law school community that is justly both in theoretical work and in current reputed as warm and welcoming, policy discussions,” Robinson said. with confidence in its identity and “In addition, I am very enthusiastic direction.” about further strengthening the inter- Darryl Robinson brings a wealth of national offerings and opportunities experience in international law to the for Queen's students.”
24 Queen’s Law Reports SCHOOL NEWS
Professor Emeritus Irene Bessette and Dean Bill Flanagan in the law library Mayor Harvey Rosen, Law ‘75, presents certi"cates from the City of Kingston to professors computer lab, where a plaque to emeriti Hugh Lawford (left photo) and Dan Soberman (right photo) at Kingston City Hall commemorate her service was unveiled on August 15, 2007 on October 20, 2007 Suzy Lamont Bernard Clark
THREE PROFESSORS EMERITI HONOURED
In 2007, three of the school’s first contributions, which have improved teacher at Queen's Law. Bessette, faculty members received special the quality of life in the Faculty of a courageous survivor of terrible recognition for their service. Law, Queen's University and the City persecutions during World War II, At the Queen's Law at 50 event held of Kingston. became a renowned legal scholar in at Kingston City Hall on August 15, At Queen's Law's 50th anniversary Europe, Africa and North America. 2007, host Mayor Harvey Rosen, Law Homecoming Gala Reception in the Bessette, who joined Queen's Law ’75, presented professors emeriti Hugh Lederman Law Library on October 20, in 1968, taught French and civil law Lawford and Dan Soberman with 2007, a plaque was unveiled in honour during her distinguished 20-year certificates from the City of Kingston. of Professor Emeritus Irene Bessette, career at Queen's. The certificates recognized their the first law librarian and female
put together by Ontario's Ministry of Racing Commission and standardbred Government Services to look at horse horse judge William McDonnell. “We racing – the second largest industry will be creating a blueprint for the gov- in rural Ontario – and to make recom- ernment to consider and follow which mendations for its future direction. will take the industry forward in a very “There have been some very important productive way,” Sadinsky said. developments and changes within Sadinsky, who has served on a the industry over the past 10 years,” number of tribunals, committees and Sadinsky said, “and I think the gov- review panels, including the Canadian ernment wants to get a perspective Human Rights Tribunal and the Cana- on where the horse-racing industry sits dian Judicial Council, was a member Professor Emeritus Stanley Sadinsky out- in the broader entertainment-gambling of the Ontario Racing Commission, side Macdonald Hall in September 2007 Daniel Chodos environment.” and in 1994 was named its Chair. The panel is tracing the develop- As a professor at Queen's Law, STANLEY SADINSKY APPOINTED ment of horse racing over the past Sadinsky drew on his experience as CHAIR OF PANEL TO REVIEW decade and identifying future chal- Chair of the Racing Commission and HORSE RACING INDUSTRY lenges and opportunities by consulting the Ontario Lottery and Gaming with industry stakeholders, govern- Corporation to create and co-teach In July 2007, the Government of ment officials and members of the Canada's first Gaming Law course Ontario appointed Professor Emeritus public. in 1998. Stanley “Sonny” Sadinsky, Q.C., Artsci Sadinsky is honoured to be part Sadinsky, who retired from ‘60, Law ‘63, chair of a panel to develop of such an influential panel, which Queen's Law in 2002 after a a new strategic plan for the province's includes former Federal Cabinet 31-year academic career, horse-racing industry. Member Jane Stewart and the former returned to teach Remedies The three-member review panel was Executive Director of the Ontario in the 2007 fall term.
Queen’s Law Reports 25 CONVOCATION 2008
NEWEST GRADUATES CELEBRATED
This year’s convocation ceremony, held at Grant Hall on June 6, 2008, was an historic occasion: for the "rst time, Queen’s Law awarded the degree of Juris Doctor (J.D.) to graduates. Family, friends, faculty and sta! were present to witness the momentous event.
Dean Bill Flanagan and medallists Shannon Nelson (Medal in Law – Third Highest Standing), Vanessa Lam (Medal in Law), and The Class of 2008 in the procession to Grant Hall. Megan Williams (Medal in Law – Second Highest Standing). The medals, for the three graduates with the highest cumulative averages, were presented at the ceremony in Grant Hall. Bernard Clark Bernard Clark
Dean Bill Flanagan and the recipients of the Dean’s Scholar Dean Bill Flanagan and Dean’s Key recipients Je! Fung and awards: Kyle Magee (Dean’s Bronze Scholar), Shannon Nelson Lauren Wihak. The awards for the two graduates who best (Dean’s Gold Scholar) and Christopher Slade (Dean’s Silver embodied community, collegiality, professionalism, service Scholar). The awards for the three graduates who received the and academic excellence were presented at the reception in highest third-year averages were presented at the reception in Ban Righ Hall. Ban Righ Hall. Bernard Clark Bernard Clark
26 Queen’s Law Reports CONVOCATION 2008
Dean Bill Flanagan introduces Professor Emeritus Daniel Soberman as he stands before Queen’s Vice-Principal (Academic) Patrick Deane for the conferral of the honorary doctor of laws degree. Bernard Clark
SCHOOL PIONEER AWARDED HONORARY DEGREE
Daniel Soberman says he’s proud An expert in constitutional and and he conducted important studies to finally have a degree from Queen's corporate law, the school’s second examining issues of academic freedom. Law—more than 50 years after he dean is renowned as a pioneer in legal He published reports on university joined the Faculty. The founding mem- education. “With uncommon vision promotion and tenure which influ- ber of Queen's Law and professor and wisdom, Soberman guided enced the far-sighted and humane emeritus received an honorary degree Queen's into the front ranks among policies at many Canadian universities this year in recognition of his long and progressive law faculties—embracing today. Faculty and former students outstanding service to the school. new technology and novel techniques view Soberman as an extraordinary “As the last survivor of the three in teaching and research,” Flanagan colleague and mentor. original members of the law faculty said. At the convocation, Soberman in 1957, I am happy to share this Soberman led a distinguished spoke of his good fortune to work with moment,” he told an enthusiastic career at Queen's Law, beginning as his co-founders: the late Dr. J.A. Corry crowd at the spring convocation. a founding member 51 years ago. and the late Professor Stuart Ryan, as A graduate of Dalhousie and Harvard, An outstanding scholar and teacher, well as the late Professor Bill Leder- Soberman pointed out that he used to he co-authored 11 editions of one of man, who joined Queen's in 1958 to be the exception in his family, because the most influential Canadian texts become the first dean of law. “Those his wife, Pat, and their three children on law and business administration. early years were truly remarkable, (including Law ’89 alumna Julia) are He wrote about the constitutional because, along with other early all graduates of Queen's. “Until evolution of Canada, and experts members of the faculty, we all became today!” he added. “Now I’m happy sought his opinions on constitutional good friends and concentrated on to join you all—including my family— change and constituency boundary building a law school of the highest in becoming part of Queen's in a new for use in royal commissions and quality.” way.” tribunals. Flanagan was moved by Sober- During the ceremony, Dean Bill A respected analyst of the state of man’s address. “As we look back, Flanagan said he was proud to intro- legal education in Canada, Soberman I know that we continue to value duce Soberman as an important figure served as president of the Canadian our long-standing strengths—a in the history of Queen's Law. “We are Association of Law Teachers and the wonderful sense of community delighted and honoured to pay tribute Social Sciences Research Council of and a rich academic and re- to his service with our highest award,” Canada. He chaired boards of inquiry search environment in said Flanagan, as Soberman stood into human-rights issues and served as which our students and before Queen's Vice-Principal a special reporter on the relocation of faculty thrive.” (Academic) Patrick Deane for the the Inuit in the High Arctic. Soberman conferral of the degree. was a skilled arbitrator and mediator,
Queen’s Law Reports 27 FACULTY FOCUS
“We will examine this conflict empiri- cally, theoretically and doctrinally,” Kahana said, “and we will explore and suggest new perspectives which would be useful for labour tribunals, judges and other law and policy-makers.”
In addition to the grant for his team’s work with respect to child witnesses in criminal courts (see page 10), Professor Nicholas Bala is also a co-applicant in an interdisciplinary research project awarded $135,000 to study high-conflict divorces. With faculty members from two other Ontario universities specializ- ing in social work, psychology and Professors Art Cock"eld, Nick Bala, Mark Walters, Tsvi Kahana and Sharryn Aiken nursing, Bala will develop screening
Bernard Clark tools to improve the legal system’s ability to deal with high-conflict separations, and will explore issues such as the effects 2008: A RECORD YEAR FOR RESEARCH FUNDING FOR QUEEN’S LAW of domestic violence on custody decisions. Queen’s Law faculty members received a record amount of grant funding from the “A central part of this project is trying to understand better the dynamics of Social Sciences and Humanities Research Council (SSHRC) in 2008 to conduct legal high-conflict separations, better differen- research projects. In addition to the interdisciplinary and multidisciplinary group tiate between kinds of high-conflict sepa- projects with which Professors Aiken, Bala and Cockfield are involved (described rations including the level of conflict and on pages 7 to 15), the following projects received SSHRC funding this year. the potential for future violence, and un- derstand how these cases are handled by Associate Dean (Graduate Studies place of indigenous peoples and tradi- the court system,” Bala said. and Research) Mark Walters, Law ‘89, tions within the Canadian constitutional The team will use the grant funds to was awarded $110,750 as the sole re- structure.” conduct primary research and co-author searcher for the project “The Jurispru- With his funding, Walters plans to articles and books. dence of Reconciliation: Towards an hire graduate students to conduct empir- ‘Intersocietal’ Conception of the Rule of ical research in several First Nations Professor Art Cockfield, Law ‘93, Law in Canada.” In this project, Walters communities; he will use the research to received $77,750 in funding for his sole seeks to determine whether a theory of assess how Aboriginal attitudes toward interdisciplinary project, “Protecting Tax- the rule of law synthesizing both indige- the rule of law have evolved over time payer Privacy under Enhanced Cross- nous and non-indigenous traditions can and whether uniquely indigenous legal border Tax Information Exchanges: A be articulated in Canada. perspectives have helped to shape those Law and Technology Perspective.” Weaving together two distinct lines attitudes. “I have three different research of inquiry, he will evaluate the legal strands – tax law, privacy law and cross- theories that underlie the frequent Professor Tsvi Kahana, a co-applicant border transfers of information, and law and technology theory,” Cockfield said. Supreme Court of Canada assertion with Professor Sara Slinn of Osgoode “For the first time, I’m trying to bring that the rule of law is a “fundamental Hall Law School, received a $57,977 them together in this project.” postulate of our constitutional structure,” grant for the project “Employer Speech: Through an analysis of existing and and investigate evolving approaches to Effects and Limits of Employer Anti- proposed Canadian laws and policies legality within Canadian Aboriginal Union Campaigns During Union Organ- involving the sharing of tax information communities that underlie statements izing.” The project addresses employees’ across borders, Cockfield aims to deter- such as that made by one Aboriginal rights to choose whether to have collec- mine whether reform efforts are required chief that “ours is a nation of law.” tive representation by a union and the in order to promote optimal economic, “There is confusion about what this constitutional right of employers to social and political outcomes. By using most basic tenet of the Canadian consti- freedom of expression. Focussing on the grant funding to conduct the first tutional order means when it comes to employer speech during the unionization comprehensive and critical examination resolving outstanding Aboriginal process, when many employers try to of cross-border tax sharing, he hopes to claims,” Walters said. “This confusion discourage their employees from joining advance international tax law knowl- has implications at the barricades that a union, the project will shed light on edge. He hopes that his work will result divide opposing communities, but it also the conflict that often arises between in recommended changes to some Cana- reaches into constitutional interpretation employers and workers with respect dian tax laws and policies, as well as and affects how judges think about the to their rights and interests. changes at the international level.
28 Queen’s Law Reports FACULTY FOCUS
FACULTY PROFILES
Professor George the Future?: Legal and Ethical Challenges lication in 2007. She teaches public law, Alexandrowicz of New Predictive Genetic Testing and constitutional law, law and public pol- teaches courses published the article, “Patents, the icy, and equality rights and the Char- in international Charter, and a Healthy Dose of Rights ter. Professor Baines’ research subjects law, international in Wrongs: The Poison Is the Elixir include women’s equality rights, law of the sea, for Life, Liberty, and Security of the polygamy, Professor Beverley wills and trusts Person,” in the University of New sharia family Baines contributed and land transac- Brunswick Law Journal. Her book, law arbitrations “Long- term Care- tions. Alexandrowicz is also involved State Agency and the Patenting of Life and Section 28 Homes Legislation: in the mooting program at Queen's. in International Law: Merchants and of the Canadian Lessons from Ontario” This year, he supervised and coached Missionaries in a Global Society, will Charter of Rights to the 10th volume of students in the Niagara and Fasken be published this year by Ashgate and Freedoms. the Canadian Women’s competitive international law moots. Publishing in its Globalization and In addition to Health Network publi- Law Series. her appoint- cation in 2007. Professor Bita ment in the Fac- Amani travelled Along with Asso- ulty of Law, Professor Baines is extensively this ciate Dean Cor- currently serving as the Head of the year to attend bett, Professor Women’s Studies department. conferences Martha Bailey is related to her actively involved Kevin Banks research in intel- with the ISC pro- joined the faculty lectual property, gram. She is de- in October 2007. biotechnology, genetics and health veloping a new His research in- regulation, international and domestic Comparative Law module, which will terests include governance, regulatory diversity and be launched at the ISC in spring 2009. linkages between public policy, and legal theory and Professor Bailey international Professor Martha feminism. She presented papers at the attended the labour law and Bailey attended the 2nd International Medical Ethics Con- British Institute international trade law, the effective- British Institute of gress in Tehran, Iran, and as a visiting of International ness of international governance, and International and scholar at the Centre for International and Compara- the implications of Canada’s interna- Comparative Law in Governance at the School of Law at tive Law in tional obligations for domestic labour London during the Leeds University and the Oxford London during and employment law. In November summer of 2008 as Intellectual Property Research Centre. the summer of 2007, Professor Banks gave the keynote a Visiting Fellow. Professor Amani also spent five weeks 2008 as a Visit- address at Global Strategies: Improv- as a visiting research fellow at the ing Fellow. She continues her research ing the Labour Conditions of the Brocher Foun- in the areas of family law, private in- Working Poor, a conference hosted by Professor Amani spent dation in ternational law and comparative law, the McGill University Institute for "ve weeks as a visiting Geneva, culmi- and her teaching subjects include fam- Health and Social Policy. He teaches research fellow at the nating in an in- ily law, conflict of law, comparative labour and employment law, interna- Brocher Foundation terdisciplinary law and contracts. tional labour law and property law. in Geneva, culminating workshop she in an interdisciplinary organized on Professor Bever- Professor Stan workshop she organ- Regulating ley Baines con- Corbett began his ized on Regulating Biopatenting: tributed “Long- term as Associate Biopatenting: A case A case for term Care Homes Dean (Academic) for Contrast or Contrast or Legislation: Les- in July 2008. His Convergence. Convergence. sons from On- current research She co-authored the chapter, “Patents tario” to the 10th examines the use on Genes: Indentifying Issues and Re- volume of the of international sponse,” with Lisa Austin in Reading Canadian Women’s Health Network pub- human rights instruments in the
Queen’s Law Reports 29 FACULTY FOCUS
Canadian legal system. He teaches Lynne Hanson’s ed., Looking Forward: The Contributions constitutional law, human rights, teaching subjects of Bertha Wilson (UBC Press 2008). Pro- public law, include torts, con- fessor Katz presented “Governing Professor Stan Corbett administrative tracts, mental Through Owners,” explaining the con- began his term as law and inter- health law, health cept and the Associate Dean Professor Larissa Katz’s national law. law, gender, and function of for- (Academic) in July 2008. article, “Exclusion and Associate equality. Her re- malized prop- Exclusivity in Property Dean Corbett also teaches public inter- search interests erty rights, at Law,” was published in national law at the Queen's International include mental health funding issues the Interdisci- Spring 2008 in the Uni- Study Centre in England as part of the and capacity and addictions. plinary Centre, versity of Toronto Law Faculty of Law’s ISC International Law Herzliya, Israel Journal. Spring Program. Professor Tsvi in May 2008 Kahana counts and at a property theory workshop at Professor Lisa constitutional NYU in July 2008, which she also co- Dufraimont’s law, law and poli- organized. Professor Katz is presenting paper, “Evidence tics, constitu- her paper, “De Soto for a Market Econ- Law and the Jury: tional theory and omy,” as part of a special panel at the A Reassessment”, comparative con- American Association of Law Schools will be published stitutionalism annual meeting in San Diego this win- in 2008 in the among his research interests. In addi- ter (to be published in a book from McGill Law Jour- tion to his SSHRC-funded work with Ashgate Publishing, January 2009). nal. The paper elaborates on ideas ini- Professor Sara Slinn of Osgoode Hall Professor Katz teaches property law tially developed in Dufraimont’s Law School on the project, “Employer and theory. In the fall of 2008, she will doctoral dissertation, which analyzed Speech: Effects and Limits of Employer be a visiting research fellow at the John the theoretical underpinnings of evi- Anti-Union Fleming Centre for the Advancement Professor Kahana is co- dence law. She presented her paper, Campaigns of Legal Research at the Australian Na- organizing a confer- “The Common Law Confession Rule During Union tional University. ence on “Feminist in the Charter Era: Current Law and Organizing”, Constitutionalism” Future Directions,” to The National Professor Ka- Professor Rose- with Professor Bev Conference on Charter and Criminal hana is co- mary King con- Baines and Professor Justice in Canada in September 2007, organizing a tinues to serve as Daphne Barak-Erez of and has made several other presenta- conference on Director of Edu- Tel Aviv University, tions to professional audiences over “Feminist cation Equity at scheduled for early the last year. Her teaching and re- Constitution- the Faculty of 2009. search interests focus on criminal law alism” with Law. She teaches and evidence. Professor Bev Baines and Professor courses in health Daphne Barak Erez of Tel Aviv Univer- law, contracts, animal law, advanced Professor David sity, scheduled for early 2009. Profes- torts and torts. Professor King is the Freedman sor Kahana teaches public law, Academic Administrator and Commit- continues to con- constitutional law, legislatures and tee Chair for the Moot Court Program. duct research into legislation, and social and economic the emerging area rights. Torts, insurance of elder law, and and civil proce- he is working on Professor Larissa dure Professor a project on the Katz’s article, Erik S. Knutsen law of dependants’ relief. His article, “Exclusion and made an impres- “The Presumption of Advancement Exclusivity in sion on his stu- Retreats, Rebuttal Evidence Expands, Property Law,” dents this past and Estate Litigation Lawyers Re- was published in year, winning the joice,” was published in Estates, Trusts Spring 2008 in the Law Students’ Society Teaching Award and Pensions Journal in December 2007. University of for winter 2007. In May 2008, he was In addition to his research, Professor Toronto Law Journal. Her article, awarded a grant from the Foundation Freedman teaches trusts, wills and es- “Bertha Wilson’s Property Jurispru- for Legal Research for his project, tates, elder law and criminal law. dence,” is forthcoming in Kim Brooks, “Clarifying Causation in Canada.”
30 Queen’s Law Reports FACULTY FOCUS
His article, “Causation in Medical Budget: Gender-based Analysis of A recipient of Malpractice at the Court of Appeal Revenues and Expenditures" to the the Canadian of Ontario,” will be published in the Standing Committee on the Status of Association of Law Ontario Trial Lawyers’ Association Women, House of Commons. She also Libraries Medical Malpractice News, and “Courts contributed "Tax Policy and the 'Tradi- Research Award in wrestle with complexities of losses tional Family' Model" to the National 2008, Head Law with concurrent causation” was Association of Woman and the Law’s Librarian Nancy published in the Lawyers Weekly in conference, Mothering in Law: De- McCormack pub- March 2008. fending Woman’s Rights in 2007. She lished articles in Canadian Legal Educa- teaches courses in taxation, tax policy, tion Annual Review, Feliciter, the Professor Hoi property, and law and sexuality. Manitoba Bar Association’s Headnotes and Kong, who joined Footnotes, and Canadian Law Library Re- the Faculty in Professor Char- view, Academic Matters. She was a 2006, is cross-ap- lene Mandell speaker at the Canadian Association of pointed with the continues her Law Libraries Conference in Saskatoon Queen’s School of work with the in May, and served as Features Editor Urban and Re- Faculty’s Clinical for the Canadian Law Library Review and gional Planning. Correctional Law as the Contributing Editor for Professor Kong’s research and teach- program. Her Access OLA, a publication of the ing subjects include local government research subjects Ontario LibraryAssociation. law, constitutional law and compara- include inmate discipline, conditional tive constitutional law. Professor Kong release and detention. She is a mem- Recipient of the was involved in two conferences in ber of Legal Aid Ontario’s Prison Law 2008 Borden January. He co- Advisory Committee. This past year, Ladner Gervais Professor Kong co- organized and Professor Mandell produced the in- LLP Research organized and pre- presented at house publication, “Clinical Correc- Fellowship, sented at the McGill- the McGill- tional Law: Cases and Materials” Professor Cherie Queen's Junior Queen's Junior with Kathryn Ferreira. Metcalf conducts Scholars’ Conference Scholars’ Con- research in the in Montreal and the ference in Mon- Professor Allan areas of law and economics, public and Open Federalism and treal and the Manson trav- constitutional law, indigenous rights, Spending Power Open Federal- elled to the Bar- and environment and resources. Her Conference at Queen's. ism and Spend- Ilan Sentencing paper, “Compensation as Discipline in ing Power Conference at Queen's. Symposium in the Justified Limitation of Aboriginal His article, “The Forms and Limits of Israel this past Rights,” was published in the Queen's Federalism Doctrine,” is forthcoming February to Law Journal. She presented “Corporate in Review of Constitutional Studies. present his Social Responsibility as Global Public Another article, “The Spending Power paper, “Migration and Aggravation: Law: Third Professor Cherie and Constitutional Decision Rules,” Theory, Mercy and the Role of Legiti- Party Rankings Metcalf was the will be published by the Queen's Law mate Sympathy.” He also presented as Regulation recipient of the Journal. this paper at by Information” Professor Allan Man- 2008 Borden Ladner the Worcester at the Univer- son travelled to the Gervais LLP Professor Kathy College Sen- sity of Toronto, Bar-Ilan Sentencing Research Fellowship. Lahey’s research tencing Semi- Law and Eco- Symposium in Israel focuses on civil nar at Oxford nomics Workshop in November 2007, this past February to and human University. and made a presentation at the Junior present his paper, rights; fiscal jus- Additionally, Scholars’ Conference at McGill “Migration and Aggra- tice; discrimina- the second University in January 2008 on vation: Theory, Mercy tion on the basis edition of “The (Ir)relevance of Constitutional and the Role of Legiti- of gender, sexual- Professor Protection for Property Rights: Com- mate Sympathy.” ity, race, ability; Aboriginal identities; Manson’s pensation for Takings in Canada and and reproduction. She regularly com- book, Sentencing and Penal Policy in the U.S.” ments and presents on these topics. Canada, will be published by Emond She recently delivered "The Gender Montgomery in August 2008.
Queen’s Law Reports 31 FACULTY FOCUS
This year, the Health law and paper, “Contract: Not Promise,” for its Queen's Law Jour- torts Professor Distinguished Scholars issue. Professor nal featured the Patricia Peppin’s Pratt was one of only two authors article, “A Real research focuses chosen to contribute to this annual and Substantial on the pharma- special edition. Professor Pratt is Mess: The Law ceutical industry commissioned to write two chapters of Jurisdiction and women’s for the eighth edition of the leading in Canada,” by health issues. Canadian contract law casebook, Professor Tanya Monestier, who She wrote the chapter, “Informed Contracts: Cases & Commentaries, joined Queen's Law in 2006. In addi- Consent” in the third edition of the edited by David Percy and Stephanie tion to her research into the areas of book Canadian Ben-Ishai. He will also write Professor Peppin conflict of laws, class action and civil Health Law and “Voluntary Obligations” for the contributed the procedure, Professor Monestier Policy, edited forthcoming Promises and Agreements, chapter, “Litigating teaches commercial law, conflict of by Jocelyn published by Oxford University Press. Antidepressants: laws and civil procedure. Downie, Timo- Professor Pratt has been commissioned Challenging Constructs thy Caulfield by Professors Joseph Raz (NYU and of Health in Pharma- Professor Bruce and Colleen Oxford) and Liam Murphy (NYU) ceutical Promotion,” Pardy's presenta- Flood. She has to contribute articles to the Stanford to the forthcoming tion, “Climate co-authored, Encyclopedia of Philosophy. In addition book, Brave New Change Cha- with Professor to his research and writing, Professor Worlds of Health. rades: False Roxanne Myk- Pratt teaches contracts, remedies and Environmental itiuk, a paper entitled, “Gender Equity contract law theory. Pretences of in Clinical Trials in Canada: Aspiration Statist Energy or Achievement?”, to be published in Professor Don Governance,” was part of the 14th the fall in the International Journal of Stuart continues Annual Queen's Business Law Sympo- Feminist Approaches to Bioethics. Profes- to teach and con- sium held in sor Peppin also contributed the chap- duct research in Professor Pardy’s work October 2007. ter, “Litigating Antidepressants: the area of crimi- as a member of the He spoke at Challenging Constructs of Health in nal justice. In Ontario Environmental many other Pharmaceutical Promotion,” to the April 2008 he Review Tribunal conferences in forthcoming book, Brave New Worlds appeared before included several sig- 2007, including of Health, edited by Belinda Bennett, the Supreme Court of Canada as inter- ni"cant decisions under The Future of Terry Carnet and Isabel Karpin. She venor for the Canadian Civil Liberties the Environmental Bill Freedom: Law has written a revised version of the Association in the appeal of R. v. Grant. of Rights. and Liberty in chapter, "Vaccines and Emerging He spoke at the In July 2008 Professor Canadian Jurisprudence, the first Challenges for Public Health Law", Vancouver Don Stuart presented annual conference of the Canadian for the forthcoming second edition of Crown Attor- a paper on criminal Constitution Foundation held in the book, Public Health Law and Policy neys’ Confer- codi"cation, “A Case Toronto in October, 2007. His article in Canada, edited by Tracey Bailey, ence in May for a General Part Les- on environmental libertarianism was Timothy Caultield and Nola Ries. 2007 about On- sons from Canada”, to published in the journal Environments, tario Court of a plenary session at the and he also contributed articles to Professor Appeal Justice International Society Policy Dialogue, published by the Michael Pratt Michael Mol- for the Reform of Crimi- Saskatchewan Institute of Public contributed daver’s com- nal Law’s conference, Policy, The Globe and Mail and The “Damages for ments that Codifying Criminal Lawyers Weekly, and he was featured Breach of Con- frivolous Char- Law: Modern Initia- on CBC's “The Current” for his views tracts with Alter- ter motions are tives, held at Dublin on climate change policy. His work as native Perfor- clogging crimi- Castle in Ireland. a member of the Ontario Environmen- mances” to the nal courts. In tal Review Tribunal included several forthcoming book Remedies: Praxis and July 2008 he presented a paper on significant decisions under the Pedagogy, edited by J. Berryman. The criminal codification, “A Case for a Environmental Bill of Rights. Florida State Law Review selected his General Part Lessons from Canada,”
32 Queen’s Law Reports FACULTY FOCUS
to a plenary session at the International he will be a visiting research fellow courses in legal imagination, legal Society for the Reform of Criminal at the John Fleming Centre for the ethics, images of doctors and lawyers, Law’s conference, Codifying Criminal Advancement of Legal Research at the law and philosophy, and teaching and Law: Modern Initiatives, held at Australian National University. learning in higher education. Professor Dublin Castle in Ireland. He and his Weisberg’s article, “Experiments in co-authors recently completed new In addition to Listening,” co-written with Jean Koh editions of leading casebooks: Delisle, teaching and re- Peters, was published in the Journal of Stuart and Tanovich’s Evidence: Princi- search, Professor Legal Education. He also contributed ples and Problems (8th ed.), published in Mark Walters his article, “Silence in the Classroom,” August 2007, and Delisle, Stuart and was appointed to the forthcoming book, Silences. Quigley’s Learning Canadian Criminal Associate Dean Procedure (9th ed.), published in July (Graduate Studies 2008. Professor Stuart continues his and Research) in work as editor of the Criminal Reports January 2008. Professor Walters, who and the National Judicial Institute’s teaches administrative law, European Criminal Essentials Newsletter. Union law, jurisprudence and aborigi- nal law, was awarded a Standard Professor Mal- Research Grant by the Social Science colm Thorburn’s and Humani- Professor Mark Walter’s article, “Justifica- ties Research article, “Legal Human- tions, Powers and Council for ism and Law-as-In- Authority,” was research on tegrity,” was published published in liberal and in the Cambridge Law April 2008 in the indigenous Journal. Yale Law Journal. approaches Professor Thorburn presented earlier to the rule of law. His article, “Legal versions of the paper at law and legal Humanism and Law-as-Integrity,” philosophy was published in the Cambridge Law Professor Malcolm conferences in Journal. He contributed “The Jurispru- Thorburn’s article, Vancouver, dence of Reconciliation: Aboriginal “Justi"cations, Powers Toronto and Rights in Canada” to The Politics of and Authority,” was Krakow, Reconciliation in Multicultural Societies, published in April 2008 Poland. He edited by Will Kymlicka and Bashir in the Yale Law Journal. presented a Bashir, published by Oxford Univer- related article, “The Constitution of sity Press. He also wrote “Written Criminal Law,” explaining how the Constitutions and Unwritten fiduciary concept of authority con- Constitutionalism,” which was pub- strains the state’s power in times of lished in Expounding the Constitution: emergency, at a conference at Hebrew Essays in Constitutional Theory, by University in Jerusalem and at Oxford Cambridge University Press, and University in spring 2008. The paper “Histories of Colonialism, Legality is forthcoming in Criminal Law and and Aboriginality,” published in the Philosophy. Professor Thorburn has an University of Toronto Law Journal. article on policing forthcoming in the University of Toronto Law Journal and Professor Mark To "nd out more about Queen’s a chapter on criminal law defences Weisberg’s Law faculty members, forthcoming in Philosophical Founda- research interests see the faculty web pages at tions of Criminal Law, a new book from include learning http://law.queensu.ca/ Oxford University Press. Professor and teaching, facultyAndSta!/ Thorburn teaches criminal law, ethics and profes- facultyAndSta!Directory.html jurisprudence and a seminar in sionalism and criminal law theory. In the fall of 2008, writing. He teaches
Queen’s Law Reports 33 FACULTY FOCUS
Paul Paton Bernard Clark
Professors Hoi Kong, Cherie Metcalf, Kevin Banks, Tanya Monestier and Lisa Dufraimont attended the 2008 Young Scholars Conference. PROFESSOR PAUL PATON DEPARTS Bernard Clark Professor Paul Paton has left JUNIOR SCHOLARS’ CONFERENCE BUILDS LEGAL COMMUNITY OF THE FUTURE Queen's to become an Associate Professor at McGeorge School of Law, From January 18 to 20, 2008, the “We wanted to draw together assis- University of the Pacific in Sacramento, newest generation of law professors tant professors, to give them a chance California. met at McGill University to present to talk to one another,” Kong said. “It’s Paton will become the Director of their research on a variety of topics at a good chance for us to start building a its Ethics Across the Professions initia- the 2nd annual Junior Scholars’ Con- community that’s going to be around tive, and he looks forward to con- ference. Co-sponsored by Queen's Law for the next 20 or 30 years.” tributing to McGeorge’s work as a and co-founded by Professor Hoi In 2008-09, Queen’s Law will host centre of global legal learning through Kong, the conference attracted 35 par- the event, which will be co-organized both its Institute of Global Business ticipants from nearly every law school by Professors Larissa Katz and Cherie and its Centre for Government Law in Canada. Metcalf. and Policy.
2008 MOOTING TEAM ACCOMPLISHMENTS
Queen's Law's 2008 team for Mathews, Dinsdale & Clark Labour Queen’s Law’s 2009 Niagara Moot team: Arbitration Moot: faculty coach Professor Kevin Banks, Ryan Kennedy, Law ’09, Amaan Gangji, Law ’09, Professor George oralists J.B. Peikes, Law '09, and Jonathan Keslassy, Law '09 Alexandrowicz, Warren Ng, Law ’09, Meaghan Thomas, Law ’09, and researcher Daniel Chodos, Law '08 and researcher Laura Fetter, Law ‘08 (sitting)
The Queen’s Law team placed second at the Mathews Dinsdale & Queen’s Law’s Niagara Moot team won the award for the best Clark Labour Arbitration Moot in Toronto. Applicant Argument.
34 Queen’s Law Reports FACULTY BOOKS
Learning Canadian Criminal Procedure (9th edition) Don Stuart, Ron Delisle & Tim Quigley (Thomson Carswell, 2008)* In the 9th edition of this leading casebook, Professors Stuart, Delisle and Quigley examine the tension between the rights of accused and the interests of the State in its law enforcement pursuits. This edition focuses on the post-Charter era, with sections on jurisdiction, investigation, pre-trial procedure, trial process and appellate review. The book has been updated to include recent Supreme Court rulings on issues such as creating a public safety roadblock stop power from Clayton and Farmer; the Turcotte and Singh decisions that examine the right to silence; and abandoning the Shephard test in extradition cases to allow for weighing. The book details the recent divided rulings from the Supreme Court on the constitutionality of police use of dog sni!ers at bus stations and schools. The authors also discuss controversial lower court rulings on stop powers and tertiary bail and recent Ontario Court of Appeal rulings on the exclusion of evidence. In a new section, the authors examine recent decisions "nding wrongful convictions and explore Commission investigations that indicate systemic causes.
Evidence: Principles and Problems (8th edition) Ron Delisle, Don Stuart & David M. Tanovich (Thomson Carswell, 2007)* Professors Stuart, Delisle and Tanovich have updated their leading casebook on evidence law to include extracts from 40 new cases, including civil matters. The casebook continues to combine excerpts from leading cases with commentary and problem scenarios to enhance students’ learning. In the new edition of this comprehensive resource, the authors include key Supreme Court rulings, including those related to judicial notice, evidence following hypnosis and the principled approach to hearsay. The authors also include recent rulings on the common law right to silence, revising the test for extradition and the exclusion of hypnosis-induced evidence. Discussion of important provincial court decisions on racial pro"ling, eye-witness identi"cation and Vetrovec warnings for unsavoury witness are other notable features. Finally, the authors undertake a detailed examination of Parliament’s new scheme addressing competence and issues related to young witnesses.
Business Organizations: Principles, Policies and Practices Robert Yalden, Janis Sarra, Paul D. Paton, Mark Gillen, Ronald Davis, and Mary Condon (Emond Montgomery Publications, 2008) This text, co-edited by Professor Paul D. Paton, uses a comprehensive and up-to-date approach to legal develop- ment and scholarship on the subject of business organization in Canada. The authors examine corporate and securities law using a cross-Canada perspective and have included chapters on business trusts and insolvency. The casebook discusses recent developments in corporate law using various critical and scholarly perspectives to help students understand the role of corporations in the economy and society. The laws governing corporate form, partnerships and business trusts are meticulously detailed. The editors take a problem-based approach to learning, and consider the relationship between business law and practice along with post-Enron trends in corporate governance.
Canadian Contractual Interpretation Law Geo! R. Hall (LexisNexis, 2007) This book, written by Queen’s sessional instructor Geo! R. Hall, who practises commercial litigation at McCarthy Tétrault LLP in Toronto, "lls a signi"cant gap in Canadian legal literature. It is the "rst book focused solely on contractual interpretation in Canada, addressing a topic which is a major source of litigation but has, surprisingly, not received much attention to date from Canadian legal writers. The book describes the process by which courts give meaning to written contracts in Canadian common law provinces. It addresses such matters as the proper scope of the factual matrix of a contract, the relationship between the parol evidence rule and extrinsic evidence, the prohibition on evidence of a party’s subjective intentions in entering into a contract, and why some types of contracts are interpreted di!erently from ordinary commercial agreements. Finally, the book addresses the controversial duty of good faith in contractual performance and addresses confusion the doctrine has created in the case law. Three Queen’s students served as Hall’s research assistants for the book: Jonathan Goode, Law ’05, Lily Ng, Law ’06, and Paulina Tam, Law ’06.
Technology, Privacy and Justice Lisa Austin, Arthur Cock"eld & Patrick Molinari (Canadian Institute for the Administration of Justice, 2007) Professor Arthur Cock"eld and co-editors Lisa Austin and Patrick Molinari have edited the papers presented at the 2005 Canadian Institute for the Administration of Justice conference and compiled them in this comprehensive volume. The "rst section, dealing with the relationship between civil litigation and issues of technology, privacy and security, includes an article about information technology and globalization by the Honourable R. Roy McMurtry. The second section, which explores government investigations of criminal and terrorist organizations, includes an article by Professor Cock"eld. The third section includes papers that examine government information collection practices. Professor Cock"eld and Lisa Austin provide an overview of technological challenges to privacy and security in the book’s introduction.
Queen’s Law Reports 35 SUPPORTING EXCELLENCE
NEW DAVID MULLAN ENTRANCE SCHOLARSHIP
More than 250 alumni, faculty, staff and students attended a reception at the Four Seasons Centre for the Performing Dear friends and fellow alumni of Queen's Law, Arts in Toronto on April 28, 2008, to celebrate the launch of the law school’s As a member of the Dean’s Council since 2006, I have had newest scholarship. Pledges of more than the pleasure of working with the Dean, members of the law $1.1 million have been made to date to school community, and many of you in building support for our law school. support the David Mullan Entrance In this year’s edition of Queen's Law Reports, we Scholarship. “This campaign represents gratefully acknowledge the generosity of our alumni and unprecedented fundraising success at Q ' Law,” Dean Bill Flanagan said. friends who have supported Queen's Law through a gift ueen s “This renewable scholarship will ensure or a pledge over the last two fiscal years. Your gifts are helping us to complete that Q ' Law continues to attract renovations to the Law Library, enhance our clinical programs, build support for ueen s and retain the best students.” our Alberta Scholar Award program and fund a wide range of student enrichment activities and internships. Honouring Professor Emeritus Among our most successful initiatives over the past year is the new David Mullan David Mullan Entrance Scholarship. I am pleased to report that we now have pledges of more than $1.1 million in support of this new endowed scholarship. This fund will provide an annual renewable scholarship to two or three exceptionally talented “Mullan Scholars” in each entering class. The campaign, which began last year during the Queen's Law at 50 celebrations, received many more gifts at much higher levels than any previous fundraising campaign in the history of the law school. Queen's Law has long distinguished itself as a unique learning community with a strong tradition of faculty, staff and student engagement. However, the Canadian law school environment is dynamic and competitive, and maintaining the law school’s position as one of the finest in the country requires the efforts of the entire Queen's Law community. I hope that you will consider your own reasons to give back to the law school this year, again or for the first time. Your philanthropic support will make a difference. On behalf of the students, faculty and other members of the Queen's Law community, thank you for your generosity and support. Professor Emeritus David Mullan, LL.M. ’73, at the donor recognition dinner
Sincerely, Melvin Teddy
David Allgood, Law ‘74 The scholarship is named in honour of Executive VP & General Counsel Professor Emeritus David Mullan, LL.M. Royal Bank of Canada ’73, one of Canada’s foremost scholars in Chair, Dean’s Council administrative law. To members of the Queen's Law community, he is also a much-loved colleague, teacher and friend. Professor Mullan, who joined Queen's Every gift makes a di!erence to the future of Queen’s Law. Law in 1971, has led a distinguished aca- For more information about initiatives at the law school that demic career for more than three decades. need your support, please contact: He has received an award for academic Dianne Butler, Alumni Relations Coordinator excellence from the Canadian Association Faculty of Law, Mackintosh-Corry Building, Rm. C517 of Law Teachers, Queen's University’s Queen's University, Kingston, Ontario K7L 3N6 top awards for excellence in teaching and TEL: 613-533-6000 ext. 78471, FAX: 613-533-6509 in research and an honorary LL.D. from EMAIL: [email protected] the Law Society of Upper Canada. For six years, he held the Osler, Hoskin & Har-
36 Queen’s Law Reports SUPPORTING EXCELLENCE
court Professorship in Constitutional and University of Wellington in New Administrative Law. Professor Mullan’s Zealand, from which he graduated with FIRST MULLAN SCHOLARS NAMED extensive work on administrative law is an LL.B. and an LL.M. before undertak- Awarded annually to two or more often cited by the courts, including the ing further graduate studies at Queen's students of outstanding calibre entering Supreme Court of Canada. in 1970. Queen’s Law, the $5,000 scholarship may In 2006, Professor Mullan was “Intelligence, humility, passion, dedi- be renewed for each recipient’s second awarded the Society of Ontario Adjudi- cation to standards of excellence, uncom- and third years of studies. The inaugural “Mullan Scholars,” cators and Regulators’ Medal for out- promising integrity – these are the Krystin Kempton and Jeremy Fox, were standing contributions to the admini- powerful qualities that are David Mul- introduced at the launch of the scholarship. strative justice community. He was also lan,” said Justice Marshall Rothstein of A native of Thunder Bay, Krystin received a honoured with the publication of a the Supreme Court of Canada, who was B.A. in political science and an Honours B.A. festschrift, a collection of essays address- a guest speaker at the event. “Those of us in psychology from Lakehead University in 2008. Jeremy, from Toronto, graduated ing issues in administrative law, written who have benefited from David’s contri- with distinction from the University of by professors and judges in Canada and butions are indeed fortunate; those of us Western Ontario in 2007 with an Honours abroad. In 2008, Professor Mullan will who know David personally are that B.A. in business administration. receive an honorary LL.D. from Victoria much more enriched.”
(standing l-r) Gerald Sadvari, Law '76, Nicola Krishna, Artsci '04, Vern Krishna, Professor Emeritus David Mullan with Linda Krishna, Patricia Jackson, Arts '72, (sitting) Liz Mullan, Arts '72, The Hon. Justice inaugural Mullan Scholarship recipients Marshall Rothstein, David Mullan, LL.M. '73, The Hon. Chief Justice Annamarie Bonkalo, Krystin Kempton and Jeremy Fox, Law ‘11 Law '76 and Ramsay Derry Teddy Melvin Teddy
We are grateful for the support of all of the donors to the David Mullan Entrance Scholarship, and we extend a special thank you to the following individuals who have made leadership donations and pledges. Your gifts make a difference to the future of the law school.
GOLD ($50,000) SILVER ($25,000) BRONZE ($10,000) David Allgood, Law ‘74 Firoz Ahmed, Law ‘84 Gary Batasar, Law ‘96 Victoria Russell, Law ‘75 Donald Bayne, Law ‘69 & Steven Bookman, Law ‘70 & Tom Bogart, Law ‘78 & Stephen & Leslie Sigurdson, Law ‘84 Sheila Bayne, Law ‘69 Gillian Bookman, Law ‘10 Kathy Tamaki, Law ‘78 Justice Julie Thorburn, Law ‘88 & Jack King, QC, Law ‘60 Ron Dimock, Law ‘74 Robert Coates, Law ’79 Rod Winsor John McWilliams, QC, Law ‘72 Alan Gold, Law ‘70 Colleen Dempsey, Law ’98 & Justice Gary Trotter Jim Parks, Law ‘71 Peter Gri$n, Law ‘77 Geo! Hall Steven Trumper, Law ‘80 Greg Richards, Law ‘79 James Grout, Law ‘81 Janne Duncan, Law ‘88 Frank Walwyn, Law ‘93 & Brian Rose, Law ‘74 Peter Lukasiewicz, Law ‘79 & Wayne Egan, Law ‘88 Tania Maciver, BSC ‘94 Gerald Sadvari, Law ‘76 & Kathy MacDonald, Law ‘80 Bryan Finlay, Q.C. & Michael Wilson, Law ’84 & Annemarie Bonkalo, Law ’76 Greg Piasetzki, Law ‘80 & Reverend Dr. Carol Finlay Judy Wilson, Law ’83 David Stratas, Law ‘84 Laura Piasetzki Dean Bill Flanagan David R. Wing"eld, Law ‘86 Robb C. Heintzman, Law ‘77 & W. Iain Scott, Law ‘77 Justice Alison Harvison Young Three anonymous donors Thomas A. Houston, Law ‘78 & David Smye, Q.C., Law ‘70 & Patricia D.S. Jackson, Arts ‘72 Ronald J. Matheson, Law ‘78 & Pamela Smye Sanjay M. Joshi, Law ‘99 Peter E. Murphy, Law ‘78 & Two anonymous donors Claire Kennedy, Law ‘94 Senator David P. Smith, Law ‘70 (jointly) Jim Kofman, Law ‘82 Fraser Milner Casgrain LLP Justice John I. Laskin One anonymous donor Chris Peirce, Law ‘82
Queen’s Law Reports 37 SUPPORTING EXCELLENCE
Honour Roll Of Donors May 1, 2006 to April 30, 2008
The following individuals have made a gift to Queen’s Law during the last two Fiscals Years 2006-2008 in Brief "scal years, including the Queen’s Law at 50 celebration year. We also thank 2006-07 2008-08 donors to Queen’s Law who have asked Alumni Participation 8.0% 7.3% to remain anonymous. We have already received a number of Total Contributed to Queen’s Law $567,347 $701,890 gifts since April 30, 2008, and these gifts will be gratefully acknowledged in the Total Contributed by Corporations / Firms $194,845 $133,804 next Queen’s Law Reports. Every e!ort has been made to ensure Amount of needs-based the accuracy of this honour roll. If an bursary assistance distributed $1,487,681 $1,763,747 error or omission is noted, please accept our apologies and notify Dianne Butler Amount of merit-based scholarship at 613.533.6000 ext. 78471, or by email at and prizes distributed $224,000 $220,409 [email protected]
HONOUR ROLL BY GIVING LEVEL
Queen’s Law Annual Giving Society: Peter Lukasiewicz '79 & Kathleen MacDonald '80 Susan Cavan '76 John MacLatchy '67 & Virginia MacLatchy Israel Chafetz '81 Sir John A Macdonald Circle - $10,000 + Hon. Helen MacLeod-Beliveau '75 Steven Chaplin '85 & Ann Chaplin '85 William R Lederman Circle - $5,000 - $9,999 Lorne W McDougall '81 Susan Clarke '81 & Dr. Donald Miller Dean’s Counsellor - $1,000 - $4,999 Miller Thomson LLP Prof. Arthur Cock"eld '93 Partner - $500 - $999 Gary Ostoich '85 & Katherine Berendt Justin Connidis '79 & Julia McArthur Denise Reaume '80 & Dr. Leslie Green Hon. Alan Cooper '71 Member - $100 -$499 Senator David Smith '70 & Hon. Heather J Smith '71 Hon. Paul Cosgrove '60 & Frances Cosgrove David Smye '70 & Pamela Smye Hon. Peter Coulson '65 & Janet Coulson Sir John A Macdonald Circle ($10,000 +) David Stratas '84 Gerald Courage '77 David Allgood '74 Geraldine Tepper '60 & Louis Tepper * Kathleen Cowick '01 Donald Bayne '69 & Sheila Bayne '69 Gerald Tuskey '85 Criminal Lawyers’ Association Blake, Cassels & Graydon LLP Hon. Thomas Cromwell '76 & Della Cromwell Trudie Easson Dean's Counsellor ($1,000 to $4,999) Mary Beth Currie '83 Jackie Flanagan Aird & Berlis LLP Neil Davis '81 Edward Kafka '81 Hon. Catherine Aitken '73 & Dr. Nicholas Busing Hon. Fletcher Dawson '75 Jack A King '60 Robert Anderson '77 Senator Joseph Day '71 Estate of Reuben Wells Leonard Philip Anisman Hon. Guy DiTomaso '75 Allan Markin Quinto Annibale '85 Hon. Antonio Di Zio '75 McCarthy Tétrault Foundation Walter Aronovitch '80 Janice Draper McMillan LLP Prof. Beverley Baines '73 June Draper John McWilliams '72 Prof. Nick Bala '77 & Dr. Martha Bala Hon. Sean Dunnigan '79 Ogilvy Renault LLP Craig Bater '80 Paul Emerson '00 Osler, Hoskin & Harcourt LLP Timothy Bates '74 & Mary Jane Bates Michael Emery '80 James Parks '71 Bayne Sellar Boxall Ernst & Young LLP Gregory Piasetzki '80 & Laura Piasetzki Hon. Douglas Belch '67 & Joan Belch Scott Fairley '77 & Melanie Eden Oliver J Gregory Richards '79 & Gabrielle Richards Jilean Bell '81 & Mark Rotharmel Fasken Martineau DuMoulin LLP Brian Rose '74 & Ellen Rose Bereskin & Parr Bryan Finlay & Carol Finlay Gerald Sadvari '76 & Hon. Annemarie Bonkalo '76 Hon. Douglas Bernstein '63 Dean William Flanagan Britton Smith '83 & Dianna Bristol Andrew Best '81 George Frank '80 & Lynne Frank '80 Katherine Tew Darras '94 Hon. Peter Bishop '80 Fraser Milner Casgrain LLP WeirFoulds LLP Pamela-Jay Bond '81 Mark Friedland '87 & Leslie Newman '87 ZSA Legal Recruitment Hon. Michael Bonner '60 Janet Fuhrer '85 Borden Ladner Gervais LLP Michie Garland '78 & Hon. Janet M Wilson '78 William R Lederman Circle ($5,000 to Thomas Brady '81 Hon. John L Getli!e '62 $9,999) Hon. Dietrich Brand '67 David Glicksman '80 Firoz Ahmed '84 Allan Brown '67 Steven Goldman '80 Steven Bookman '70 & Gillian Bookman Hon. Michael F Brown '79 Sidney Goldstein '71 Robert Coates '79 Hon. Harvey Brownstone '80 Vanessa Grant '95 & Philip Street John Connolly '71 & Nancy Connolly Robert Bruce '73 Hon. Robert Graydon '72 Davies Ward Phillips & Vineberg LLP Hon. R Lloyd Budgell '63 The Hon. Peter Grossi '63 Hon. Bruce Glass '69 & Carole Glass Michael Campbell '74 & Ann Campbell Harold G Fox Education Fund Alan D Gold '70 Hon. Frederic Campling '74 & Cynthia Campling '73 Samantha Horn '91 & Fraser Horn James Grout '81 Prof. Donald Carter '66 & Catherine Carter Paul Howard '74 & Donna Howard Colin Jackson '80 Michael F Casey '72 Edward Johnson '76 Patricia Jackson Deni Cashin '81 Peter Johnson '89 Alfred Kwinter Cassels Brock & Blackwell LLP Eric Kay '81
38 Queen’s Law Reports SUPPORTING EXCELLENCE
Michael Kealy '98 Claire M C Kennedy '94 Gerald Kerr-Wilson '97 Bruce Ketcheson '81 & Margaret Ketcheson Paul King '80 Larry Koo '76 Vern & Linda Krishna Hon. Myrna L Lack '75 Hon. Paul F Lalonde '64 & Ena Lalonde Robert Land '73 & Jean Land Hon. William Lane '60 Arthur Lefebvre '77 Legal Aid Ontario Danny Legault '80 Brian Levett '81 LexisNexis Canada Inc Prof. Jinyan Li, LL.M. '87 Hon. Heino Lilles '71 & Sheila Lilles Denis Magnusson '68 Stanley Maj '80 & Mary Pigott '81 Hon. Wendy Malcolm '80 & Dr. P Bruce Malcolm Mary Manocchio '85 & David Manocchio Hon. Stephen March '74 & Lana March Deborah Matz '77 Stephen McArthur '85 Kathleen S McCorkell Daniel McDonald '75 Kevin McElcheran '80 Douglas McFadden '75 & Nancy McFadden Michael McFadden '89 Ross McKee '81 & Wilma Alexander Andrew McLachlin '03 McLean McCuaig Foundation Hon. Thomas McMeekin '63 & Alexandra McMeekin John McMunagle '85 & Anne Clark-McMunagle '85 Marianne Miller '80 Kaori Miyake '95 Robert Morrison '86 Dean Bill Flanagan Prof. Mary Jane Mossman '70 Patrick Murphy '87 Queen’s Law Cumulative Donor Wall Roger Nainby '68 A stunning new donor recognition wall was created to honour and thank supporters whose Graham Nichols '81 contributions were directed to Faculty of Law funds. The wall recognizes cumulative lifetime Karen Ruth Nixon '82 Hon. Ian V B Nordheimer '76 giving of $25,000 or more by alumni, corporations, family and friends and will be updated Hon. David Orr '80 annually. Margaret O'Sullivan '81 & Donald Trench Carman Overholt '84 The Donor Wall, which is located in the atrium of Macdonald Hall, was unveiled at Walter Palmer '73 & Kathryn Palmer Homecoming 2007.
Dr. David Pattenden '71 & Ruth Pattenden Bernard Clark Hon. Mark G Peacock '74 John Phillips '78* Philip G Ponting '72 Elizabeth Symes '76 John Woon '81 & Lynda Woon Queen's Law Students' Society Glenn Tait '82 Donald Wright '83 & Hon. Leslie Pringle '83 Je!rey Read '85 & Christine Read Pamela Taylor '80 & Frank Perrin Alexander Reid '81 Thomson Carswell Partner ($500 to $999) Peter Rekai '80 & Eleanor Somerleigh '80 George Thomson '65 & Hon. Judith Beaman '75 Michael Adams '74 David Rendeiro '80 Mary Thomson '81 Gerald Aggus '72 Katharine Renison '76 & Charles Kosa Hon. Julie Thorburn '88 & Roderick S W Winsor Catherine Allgood John Richardson '80 Paul Tompkins '85 Thomas Barber '73 & Hon. Jennifer A Blishen '77 Geo!rey Ritchie '03 Torkin Manes Cohen & Arbus LLP Hon. Paul Bellefontaine '79 Bo Rothstein '04 & Reut Rothstein '05 Donald Travers '72 Stephen Bernardo '70 & Gemma Bernardo Joseph Samuels '66 & Pamela Samuels Hon. Gary Trotter Hon. Robert Bigelow '80 W Iain Scott '77 Peter Trousdale '74 & Hon. Anne C Trousdale '76 Paul Blanchard '75 & Janet Bradley '75 John Scriver '85 & Shelley Scriver Steven Trumper '80 & Sandra Curtis Gordon Bobesich '74 & Catherine Bobesich Hon. Gordon Sedgwick '61 Hon. Katherine van Rensburg '81 & Hon. Rose Boyko '80 Daina Selvig '94 Prof. Esaias Janse van Rensburg Prof. Kim Brooks Hon. J Bryan Shaughnessy '74 V-CC Systems Inc Hon. John Brownlee '60 & Ann Brownlee Sherrard Kuzz LLP James Vigmond '81 & Sharon Vigmond Thomas Bryson '76 Shibley Righton LLP Konrad W von Finckenstein '71 Hon. Richard Byers '68 & Carol Byers Stephen Sibold '74 Daniel Vukovich '85 James Cameron '71 Brahm D Siegel '93 Richard Wagner '81 John Cooper '72 Hon. Robert J Smith '77 Hon. J David Wake '72 Dino DeLuca '87 William Softley '77 Thomas Wakeling '74 John R Dow Hon. Alexander Sosna '74 & Arlene L Sosna James Walker '81 Suzanne Duncan '85 Kenneth Staroszik '75 Frank Walwyn '93 & Tania MacIver Margaret Einarson Hon. Brian C. Stevenson '65 Waterloo Law Association Joan Emmans '81 Stikeman Elliott LLP Reginald Watson '81 Paul Findlay '77 Mark Strang '85 Hon. Alan C R Whitten '72 Frank Flanagan Ronald Strike '81 & Allison Strike Henry Wiercinski '73 Kathleen Flynn '81 Stringer Brisbin Humphrey Eric Williams '72 & Fay Brunning '87 Jeremy Freedman '82 John & Nancy Sullivan J Chris Woods '80 Hon. George Gage '77
Queen’s Law Reports 39 SUPPORTING EXCELLENCE
Hon. Nola E Garton '73 Queen's Law 2008 Daniel Chiasson '88 Lisa Gilvesy '94 Queen's Law '81 Jin Choi '93 Cynthia Goodwin '85 John Riley '84 & Jane Riley Erika Chozik '95 Gowling La'eur Henderson LLP Meghan Robertson '87 Gary Clarke '93 Hon. Geo!rey Gri$n '82 Cameron Rusaw '88 & Janice Hill Class of Law 2010 Ruth Guzner '80 Paul Ryan '79 Eric Cohen '97 Elise Hallewick '04 Hon. Brian Scully '71 Sarah Colman '97 Peter F Hamilton '87 Trevor Shaw '05 & Denise Sayer '05 Allan Colquhoun '05 Peter K Hamilton '85 Frederick Skeggs '74 Robert Cook '76 Hon. Alison Harvison Young D Brad Sloan, Law ‘73 Barbara Cowle Gregory Hatt '74 Hon. Jo'Anne Strekaf '80 Bruce Cowle '88 Hon. Kathryn Hawke '81 Gordon Thompson '67 Carol Crawford '84 Leslie Holland '71 Bruce Treichel '92 Kip Daechsel '81 Christine Howard '90 Karen Waisglass '80 Frank De Angelis '91 Hon. Mary Humphries '77 William Walker '76 & Heather Hill Richard G J Desrocher '85 James Ion '74 & Trudy Ion William Walker '77 Aloysius Dhaniarto LL.M. '96 Hon. Michael A Kelen '72 Estate of J D B Walton Henry Dinsdale '87 & Dr. Diane Wherrett John Koopman '80 Brian Wilson '74 & Maralynne Monteith Jack & Virginia Diskin Dr. David Kostiuk & Jill de Villafranca Steven Zakem '89 Dale Doan '79 Lang Michener LLP Lawrence Dolecki '72 David Lang '85 & Jacqueline Lang Member ($100 to $499) Hon. Norman S Douglas '71 & Dr. Sue Rodgers F Albert Lavergne '90 & Ingrid Johnson '89 Miles Alperstein '85 Hon. Donald Downie '66 & Geraldine Downie Law Society Foundation Frank Arnone '00 Phillip Drew '00 & Christa Bracci '00 Claire Le Riche '85 Roy Atamanuk '63 & Ann Atamanuk Roberto Durante '95 John Lloyd '81 & Sharon Addison '84 Douglas Baggs '68 William Elkin '83 & Nancy Elkin David Lucas '79 Prof. Gordon Bale '62 & Jean M Bale Faber Bickman Leon Scott MacKendrick '85 Christopher Bardsley '80 Margaret Flanagan Calum MacLeod '80 Wayne Barnes '73 Thomas Fleming '72 & Betty Fleming Anthony Manastersky '80 Roger Beaman '71 & Dana Beaman Kathryn J Ford '74 Mary-Jo Maur '85, LL.M. '93 Michellene Beauchamp '03 Kevin Foster '79 William McCallum '74 & Barbara McCallum James Blain '07 Ruth Foster '85 Neil McCrank '69 & Susan McCrank Norman Boxall '78 Michael Fridhandler '79 Barbara McIsaac '73 & Edward McIsaac Robert Boxma '69 Hon. Richard C Gates '66 Hon. Mary Jo McLaren '80 Malcolm Boyle '82 & Diana Ginn '82 Susan Gaudi '97 Hon. Paul Megginson '65 & Mary Megginson David Brander '78 Kevin Gibson '99 & Carolyn Gibson Lynda Milligan-Whyte '81 Gregory Brechin '78 & Judy Brechin Robert Goddard '90 Donald Mitchell '67 Mark Bumstead '06 Lindsay Goldenberg '08 & Joel Goldberg Hon. Nancy Mossip '77 Bernard Burkom L M Gordon Law O$ce Merrilees Muir '84 Douglas Burns '64 & Jane Burns Joyce Gram '77 Gordon Mylks '67 Janne Burton '85 David Halasz '01 John & Sarah Nagel Moira Callahan '93 & Kevin Fahey Shelley Hallett '78 Deidre Newman '81 Morgan Camley '04 Murray Hart '78 & Jill Kamin Christa Nicholson '91 Kenneth Campbell '81 & Mary Campbell John Hartery '93 & Ann Hartery Wendy O'Neill '83 Elspeth Carmichael Stephen Hazell '81 Paul Pakenham '78 Andrea Caskey '89 Paul Henderson '81 & Louanne Henderson Johnny Paladino '85 Joseph Castrilli '84 Neil Hendry '84 Praxair, Inc Susan Charlesworth '81 & David Charlesworth Hon. Paul Hermiston '65 Bernard Clark Ron Murdock Justice Helen MacLeod-Beliveau, Law ‘75, Dean Bill Flanagan and Justice Harvey Brownstone, Law ‘80
Judicial Recognition Wall During Queen’s Law at 50, a Judicial Recognition Wall, displaying photographs of alumni who Justice MacLeod-Beliveau also have been appointed to the Bench, was installed outside the Lederman Law Library on the generously donated to the library an second 'oor of Macdonald Hall. The Honourable Helen MacLeod-Beliveau and The original oil painting of the Frontenac Honourable Harvey Brownstone were instrumental in helping the law school raise more than County Court House by Joanne Gervais. $78,000 from alumni members of the judiciary to support renovations to the Lederman Law Library.
40 Queen’s Law Reports SUPPORTING EXCELLENCE
Dr. Rena Upitis '81 & Dr. Gary Rasberry William Vanveen '80 WHY SHOULD I DONATE TO QUEEN’S LAW? George Vassos '80 D Verity Each of us has limited funds to donate to the charities of our choice, and we all receive what seem like John C Walker '67 endless requests for donations from a vast array of public and private institutions. I believe strongly that Jessica Watkins '04 as a Queen's Law alumnus, you should consider making Queen's Law a focus for your philanthropy in Julie Watkinson '94 the coming year. WCB Advocates Inc. Stephen Whitehead '78 & Karen Whitehead Of course, Queen’s and the law school are public institutions, supported by governments and partially Kenneth Whiteway '77 funded by student tuition. In today's competitive environment, however, these traditional resources are E Anthony Williams '72 & Nancy J Williams not enough to maintain a "rst class law school of which we can all continue to be proud. Richard Willoughby '85 & Margot Potter David Wilson '70 John Wilson '75 Our law school degrees have given many of us the economic means to support the charities that are John Withrow '77 important to us. In this publication the law school acknowledges the wonderful generosity Bruce Wormald '73 of our alumni in the past year, particularly with gifts to the Mullan Scholarship Fund. The increase in Ronald Woynarski '77 donations by alumni is fantastic, but the law school has continuing and increasing needs. I am therefore Adam Wygodny '06 writing to ask you to consider giving back to Queen's Law in the coming year. Your contribution will Daniel Wyjad '77 make an immense di!erence to the Faculty and its students. Richard Wyruch '94 David Allgood, Law ‘74 Ted Yao '76 & Colleen Parrish '76 *deceased
Claire Hicks '07 Sandra Montanino '98 & Roberto Montanino John Higgins '77 Steve Moutsatsos '87 Patrick Hill '98 Randolph Mueller '67 Ashley Hilliard '77 & Wendy Hilliard '77 William Murphy '75 & Catherine Murphy Kenneth Hood '80 & Janet Sim '80 William Mutch '66 Byron Horner Christopher Norton '81 Karen Illsey '99 & Dr. Adam Kirton Deborah O'Connor Kerr '85 Brand Inlow '74 Sandra Onufryk Fiona Innes '98 Joon Park '99 UNIVERSITY Ian Isbester '07 Yvonne Pelley '91 & Dr. Charles Pelley RECOGNITION LEVELS David Jebb '80 PepsiCo Foundation Dexter John '98 Wilfrid E D Peters '62 Lisa Johnson '94 Robert Pletch '71 In addition to the giving levels Eric Johnston '68 Gary Porter '67 & Freda Porter recognized by the law school, all Brian Jones '64 & Sandra Jones J Guy Potvin '68 donors to Queen’s Law are eligible Meredith Jones '06 Thomas Prowse '85 & Allison Prowse Stephanie Kalinowski '96 Queen's Criminal Law Association for membership in the University’s Peter Kalins '94 David Quick '77 & Mary Quick '79 appreciation societies based on Amy Kaufman '04 Paul Quinlan '90 their annual giving per "scal year. Jacqueline Kelly '73 Hon. Joseph W Quinn '70 Trevor Klotz '65 James Raakman '97 William Knights '75 Kenneth Rae '64 Grant Hall Society annual contributors Johnna Kubik '95 John Raftery '83 & Anna-Marie Raftery are welcomed into one of three levels: Daphne Lahens '00 Leslie Raine '73 David Lampert '77 Sarah Rancier '04 Limestone Level – recognizes support- David Lanthier '84 & Kathryn Lanthier Matthew Rea '02 Bernard LeBlanc '89 Eric Reilly '72 ers whose gifts during a single "scal William Lightfoot '87 Franklin Richmond '70 year total between $1,000 and $4,999. Harold Linscott '80 & Jeannette Linscott D Richard Robbins '79 & Gloria Robbins Grant Lynds '95 William Robertson '69 & Sherri Robertson Sapphire Level – recognizes supporters Stanley Lynk LL.M. '01 Judith Ross '74 whose gifts during a single "scal year Douglas Mackintosh '72 & Anne Mackintosh Martin Russell '97 total between $5,000 and $9,999. Melissa MacKovski '05 Vaibhav Sahay '05 Denis Mahoney '93 Pamela Scarrow '86 Diamond Level – recognizes supporters Michael Mandelcorn '85 Brian Schreiber '84 & Nancy Adams '85 Bruce Mann '74 Shawn Scromeda '89 whose gifts during a single "scal year Stephen Marcus '77 Gary Seymour '81 & Elizabeth Seymour total $10,000 or more. William Martin '73 & Linda Martin David Shapiera '86 & Michele Shapiera Hon. David Mather LL.M. '73 Dr. Bruce Shearer & Dr. Marie-Claude Beaulieu James Mathers '80 John Sims '71 & Ann Sims Summerhill Society recognizes Frederick Matthews '69 Kenneth Singer '78 & Marlie Singer supporters whose gifts during a single Dr. James Maxwell & Dr. Mary Percival Maxwell Grant Smyth '82 "scal year total between $500 and $999. Garth McAlister '81 Hon. Nancy J Spies '78 & Raymond Martin Douglas McCallum '70 Marina Stefanovic '89 Royal Charter Society recognizes Margaret M McGarrable Anne Steger '90 supporters whose gifts during a single Patricia McLean '07 Douglas Stoltz '72 Judith McTavish '77 Robin Tessier '96 & Monica Tessier '96 "scal year total between $250 and $499. Odette Menard Osser Bernard Thomas '98 Erin Metzler '04 Robert Thomson '02 Cha Gheill Society recognizes Prof. Susan Miklas '88 David Tilson '68 supporters whose "rst Queen's degree Brian Miller '70 Paul Timmins '82 was earned within the past "ve years, Hon. Peter Milliken Philip Tinkler '92 and whose gifts received during a Robert Milnes '69 Peter Tobias '85 & Heather Tobias Cameron Mingay '80 & Christina Budweth '86 John Tuck '71 single "scal year total between $100 Michelle Moldofsky '97 Hon. C Anne Tucker '79 and $249. Jane Monaghan '78 Barry Tunney '65 & Teresa Tunney
Queen’s Law Reports 41 SUPPORTING EXCELLENCE
HONOUR ROLL BY CLASS
Law '60 Hon. B C Stevenson Hon. Bruce & Carole Glass Cynthia Campling Participation 60% George Thomson Frederick Matthews Hon. Nola E Garton Total Giving $25,580 Barry & Teresa Tunney Neil & Susan McCrank Jacqueline Kelly Hon. Michael Bonner Robert Milnes Robert & Jean Land Hon. John & Ann Brownlee Law '66 William & Sherri Robertson William & Linda Martin Hon. Paul & Frances Cosgrove Participation 19% Hon. David Mather, LL.M. Jack A. King Total Giving $3,965 Law '70 Barbara & Edward McIsaac Hon. William Lane Donald & Catherine Carter Participation 20% Peter Oliver Geraldine Tepper Hon. Donald & Geraldine Downie Total Giving $22,847 Leslie Raine Hon. Richard C Gates Stephen & Gemma Bernardo D Brad Sloan Law '61 William Mutch Steven & Gillian Bookman Henry Wiercinski Participation 9% Joseph & Pamela Samuels Alan D Gold Bruce Wormald Hon. Gordon Sedgwick Philip Gri$n Law '67 Douglas McCallum Law '74 Law '62 Participation 23% Brian Miller Participation 21% Participation 23% Total Giving $12,724 Prof. Mary Jane Mossman Total Giving $100,256 Total Giving $1,775 Hon. Douglas & Joan Belch Walter & Kathryn Palmer Michael Adams Prof. Gordon & Jean Bale Hon. Dietrich Brand Hon. Joseph W Quinn David Allgood Hon. John L Getli!e Allan Brown Franklin Richmond Timothy & Jane Bates Wilfrid E D Peters John & Virginia MacLatchy Senator David Smith Gordon & Catherine Bobesich Donald Mitchell David & Pamela Smye Michael & Ann Campbell Law '63 Randolph Mueller David Wilson Hon. Frederic Campling Participation 31% Gordon Mylks Kathryn J Ford Total Giving $5,300 Gary & Freda Porter Law '71 Gregory Hatt Roy & Ann Atamanuk Gordon Thompson Participation 21% Paul & Donna Howard Hon. Douglas Bernstein John C Walker Total Giving $46,099 Brand Inlow Hon. R Lloyd Budgell Roger & Dana Beaman James & Trudy Ion Hon. Peter Grossi Law '68 James Cameron Bruce Mann Hon. Thomas & Alexandra McMeekin Participation 17% John & Nancy Connolly Hon. Stephen & Lana March Total Giving $4,725 Hon. Alan Cooper William & Barbara McCallum Law '64 Douglas Baggs Senator Joseph Day Hon. Mark G Peacock Participation 20% Hon. Richard & Carol Byers Hon. Norman Douglas & Brian & Ellen Rose Total Giving $1,840 Eric Johnston Dr Sue Rodgers Judith Ross Douglas & Jane Burns Prof. Denis Magnusson Sidney Goldstein Hon. J Bryan Shaughnessy Brian & Sandra Jones Roger Nainby Hon. Heino & Sheila Lilles Frederick Skeggs Hon. Paul & Ena Lalonde J Guy Potvin Leslie Holland Hon. Alexander & Arlene Sosna Kenneth Rae David Tilson James Parks Peter Trousdale Prof. John Whyte Dr David & Ruth Pattenden Thomas Wakeling Law '65 Robert Pletch Brian Wilson & Maralynne Monteith Participation 23% Law '69 Hon. Brian Scully Total Giving $5,310 Participation 15% John & Ann Sims Law '75 Hon. Peter & Janet Coulson Total Giving $33,300 Hon. Heather J Smith Participation 13% Hon. Paul Hermiston Donald Bayne John Tuck Total Giving $15,048 Trevor Klotz Sheila Bayne Konrad W von Finckenstein Hon. Judith Beaman Hon. Paul & Mary Megginson Robert Boxma Douglas Wyatt Janet Bradley Hon. Fletcher Dawson Law '72 Hon. Antonio Di Zio Participation 20% Hon. Guy DiTomaso Total Giving $65,280 Gerald Hughes Gerald Aggus William Knights Michael F Casey Hon. Myrna L Lack John Cooper Hon. Helen MacLeod-Beliveau Lawrence Dolecki Daniel McDonald Thomas & Betty Fleming Douglas & Nancy McFadden Hon. Robert Graydon William & Catherine Murphy Hon. Michael A Kelen Brian O'Marra Douglas & Anne Mackintosh Kenneth Staroszik John McWilliams John Wilson Philip G Ponting Eric Reilly Law '76 Douglas Stoltz Participation 16% Donald Travers Total Giving $43,820 Hon. J David Wake Peter & Shirley Bishop Hon. Alan C R Whitten Hon. Annemarie Bonkalo Tony & Nancy Williams Thomas Bryson Eric Williams Susan Cavan (Standing l-r) Rick Thomas (deceased), Dave Cooke, Gord Robert Cook Thompson, Don Mitchell, Gord Mylks, John MacLatchy, John Law '73 Hon. Thomas & Della Cromwell Walker, Bob Leck, Justice Doug Belch, and (kneeling) Jim Shearn Participation 14% Edward Johnson Total Giving $7,823 Ian Kelly Hon. Catherine Aitken & Larry Koo Law ‘67: Lederman Law Library Refurbishment Fund – Members Dr Nicholas Busing Hon. Ian V B Nordheimer of Law ‘67 raised more than $10,000 for improvements to the Prof. Beverley Baines Colleen Parrish Reserve Area of the Lederman Law Library in 2007. Wayne Barnes Katharine Renison & Charles Kosa
Bernard Clark Robert Bruce Gerald Sadvari
42 Queen’s Law Reports SUPPORTING EXCELLENCE
Steven Goldman Susan Clarke & Dr. Donald Miller Ruth Guzner Kip Daechsel Kenneth Hood Neil Davis Colin Jackson Joan Emmans David Jebb Kathleen Flynn Paul King James Grout John Koopman Hon. Kathryn Hawke Danny Legault Stephen Hazell Harold & Jeannette Linscott Paul & Louanne Henderson Kathleen MacDonald Edward Kafka Calum MacLeod Eric Kay Stanley Maj Bruce & Margaret Ketcheson Hon. Wendy & Dr. P Bruce Malcolm Brian Levett Anthony Manastersky John Lloyd James Mathers Garth McAlister Kevin McElcheran Lorne W McDougall Hon. Mary Jo McLaren Ross McKee & Wilma Alexander Marianne Miller Lynda Milligan-Whyte Cameron Mingay Deidre Newman George Frank, Law ’80, John Withrow, Law ‘77 and his wife Laurel Hon. David Orr Graham Nichols Murdoch, Lynne Frank, Law ’80, Marianne Miller, Law ’80, Mark Lois Payne Christopher Norton Raymond, Law ’80 and Justice Wendy Malcolm, Law ’80 Gregory & Laura Piasetzki Margaret O'Sullivan & Donald Trench Denise Reaume & Dr. Leslie Green Mary Pigott Peter Rekai Alexander Reid Law ’80: Visiting Lecturer Fund – A group of Law ’80 graduates David Rendeiro Gary & Elizabeth Seymour attended the 50th Anniversary Homecoming reception in the John Richardson Ronald & Allison Strike Lederman Law Library, where George Frank thanked classmates Janet Sim Mary Thomson for contributing $70,000 to the Law ’80 Visiting Lecturer Fund. Eleanor Somerleigh Dr. Rena Upitis & Dr. Gary Rasberry In October 2007, a member of the class gift committee o!ered to Hon. Jo'Anne Strekaf Hon. Katherine & Pamela Taylor & Frank Perrin Prof. Esaias Janse van Rensburg match – dollar for dollar, up to $25,000 in total – all pledges and Steven Trumper & Sandra Curtis James & Sharon Vigmond donations. As a result of that generous o!er, an additional $47,744 William Vanveen Richard Wagner was raised. George Vassos James Walker
Bernard Clark Karen Waisglass Reginald Watson J Chris Woods John & Lynda Woon Margaret Young Queen's Law '81 Stephen Sibold Gregory & Judy Brechin Elizabeth Symes Shelley Hallett Law '81 Law '82 Hon. Anne C Trousdale Murray Hart & Jill Kamin Participation 34% Participation 7% William Walker & Heather Hill Jane Monaghan Total Giving $68,651 Total Giving $5,350 Dragi Zekavica Paul Pakenham Jilean Bell & Mark Rotharmel Malcolm Boyle John Phillips* Andrew Best Jeremy Freedman Law '77 Kenneth & Mary Singer Pamela-Jay Bond Diana Ginn Participation 24% Hon. Nancy J Spies & Raymond Martin Thomas Brady Hon. Geo!rey Gri$n Total Giving $31,378 Stephen & Karen Whitehead Kenneth & Mary Campbell Karen Ruth Nixon Robert Anderson Hon. Janet M Wilson Deni Cashin Grant Smyth Prof. Nick & Dr. Martha Bala Israel Chafetz Glenn Tait Hon. Jennifer A Blishen Law '79 Susan & David Charlesworth Paul Timmins John Clarke Participation 15% Gerald Courage Total Giving $39,000 Scott Fairley & Melanie Eden Oliver Hon. Paul Bellefontaine Paul Findlay Hon. Michael F Brown Hon. George Gage Robert Coates Joyce Gram Justin Connidis & Julia McArthur John Higgins Dale Doan Ashley Hilliard Hon. Sean Dunnigan Wendy Hilliard Kevin Foster Hon. Mary Humphries Michael Fridhandler David Lampert David Lucas Arthur Lefebvre Peter Lukasiewicz John Lukezich Glenna McClelland Stephen Marcus Gregory & Gabrielle Richards Deborah Matz D Richard & Gloria Robbins Judith McTavish Paul Ryan Hon. Nancy Mossip Charles Thompson David Quick Hon. C Anne Tucker W Iain Scott Hon. Robert J Smith Law '80 William Softley Participation 35% William Walker Total Giving $120,188 Kenneth Whiteway Walter Aronovitch John Withrow Christopher Bardsley Ronald Woynarski Craig Bater Deidre Newman, Law’81 Daniel Wyjad Hon. Robert Bigelow Hon. Peter Bishop Law '78 Hon. Rose Boyko Law ‘81: Clinical Programs Fund – Deidre Newman, Law ’81 Class Participation 12% Hon. Harvey Brownstone Gift Chair, announced at Homecoming that $67,800 had been Total Giving $7,425 Michael Emery pledged toward the $81,000 class goal for the Clinical Programs Joan Axelrad George Frank Fund. This fund will enhance programs and support special projects Norman Boxall Lynne Frank David Brander David Glicksman for Queen’s Legal Aid and the Correctional Law Project. Bernard Clark
Queen’s Law Reports 43 SUPPORTING EXCELLENCE
Jin Choi Gary Clarke Prof. Arthur Cock"eld John & Ann Hartery Denis Mahoney Brahm D Siegel Frank Walwyn & Tania MacIver
Law '94 Participation 9% Total Giving $16,450 Cidalia Faria Lisa Gilvesy Lisa Johnson Peter Kalins Claire M C Kennedy Margaret McMullen Reston Daina Selvig Katherine Tew Darras Julie Watkinson Richard Wyruch
Law '95 Participation 7% Total Giving $2,395 Adam Bobker Erika Chozik Roberto Durante Students enjoy the refurbished Reading Room. Vanessa Grant & Philip Street Johnna Kubik Law ‘85: Lederman Law Library Refurbishment Fund – Gifts and pledges of more than $58,000 from Grant Lynds Law ’85 have assisted with improvements to the Reading Room on the upper level of the Lederman Kaori Miyake Law Library. Bernard Clark Law '96 Participation 3% Law '83 Mary-Jo Maur, LL.M.'93 Peter Kissick, LL.M.'98 Total Giving $600 Participation 10% Stephen McArthur Prof. Susan Miklas Aloysius Dhaniarto, LL.M. Total Giving $26,625 John McMunagle Cameron Rusaw & Janice Hill Stephanie Kalinowski Mary Beth Currie Deborah O'Connor Kerr Hon. Julie Thorburn & Roderick Winsor Claudette Pennesi Peter Downs Gary Ostoich & Katherine Berendt Monica Tessier William & Nancy Elkin Johnny Paladino Law '89 Robin Tessier Richard Kotarba Thomas & Allison Prowse Participation 5% Wendy O'Neill Je!rey & Christine Read Total Giving $3,150 Law '97 John & Anna-Marie Raftery John & Shelley Scriver Andrea Caskey Participation 6% Britton Smith & Dianna Bristol Mark Strang Peter Johnson Total Giving $3,160 Donald Wright Peter & Heather Tobias Bernard LeBlanc Kerry Boniface Paul Tompkins Michael McFadden Eric Cohen Law '84 Gerald Tuskey Shawn Scromeda Sarah Colman Participation 8% Daniel Vukovich Marina Stefanovic Susan Gaudi Total Giving $7,750 Richard Willoughby & Margot Potter Steven Zakem Gerald Kerr-Wilson Firoz Ahmed Michelle Moldofsky Joseph Castrilli Law '86 Law '90 James Raakman Carol Crawford Participation 6% Participation 5% Martin Russell Neil Hendry Total Giving $1,450 Total Giving $1,654 David & Kathryn Lanthier Christina Budweth Robert Goddard Law '98 Merrilees Muir Dale Leong Christine Howard Participation 3% Carman Overholt Robert Morrison F Albert Lavergne Total Giving $1,150 John & Jane Riley Pamela Scarrow Paul Quinlan Patrick Hill Brian Schreiber David & Michele Shapiera Anne Steger Fiona Innes David Stratas Dexter John Law '87 Law '91 Roberto & Sandra Montanino Law '85 Participation 10% Participation 4% Bernard Thomas Participation 24% Total Giving $10,329 Total Giving $2,370 Total Giving $38,545 Fay Brunning Frank De Angelis Law '99 Miles Alperstein Dino DeLuca Samantha & Fraser Horn Participation 4% Quinto Annibale Henry Dinsdale & Dr. Diane Wherrett Christa Nicholson Total Giving $375 Janne Burton Mark Friedland Yvonne & Dr. Charles Pelley Kevin & Carolyn Gibson Ann Chaplin Peter Hamilton Sylvia Tint Karen Illsey & Dr. Adam Kirton Steven Chaplin Prof. Jinyan Li, LL.M. Richard & Laila Wex Kanga Kalisa Anne Clark-McMunagle William Lightfoot Joon Park Richard G J Desrocher Je!rey Loudon & Colleen Coman Law '92 Suzanne Duncan Steve Moutsatsos Participation 3% Law '00 Ruth Foster Patrick Murphy Total Giving $963 Participation 3% Janet Fuhrer Leslie Newman Catherine Regier Total Giving $1.755 Cynthia Goodwin Meghan Robertson David Roberts Frank Arnone Peter Hamilton Philip Tinkler Sonia Barrette David & Jacqueline Lang Law '88 Bruce Treichel Christa Bracci Claire Le Riche Participation 14% Phillip Drew Scott MacKendrick Total Giving $5,395 Law '93 Paul Emerson Michael Mandelcorn Daniel Chiasson Participation 7% Daphne Lahens David & Mary Manocchio Bruce Cowle Total Giving $5,725
44 Queen’s Law Reports SUPPORTING EXCELLENCE
Law '01 James Jones Participation 3% Shally Kalra Total Giving $2,500 Kathryn Kellough Kathleen Cowick Nahla Khouri David Halasz Joanna Leong Michael Kealy Je!rey Love Stanley Lynk, LL.M. Peter Maund Gillian Slaughter Patricia McLean Christopher McLeod Law '02 Michael Mumby Participation 2% Ashley Palmer Total Giving $250 Scott Palmer Tanya Padberg & Dr. Sergio Borgia Karen Park Matthew Rea Jonathan Shanks Robert Thomson Ryan Treleaven Erin-Brie Warwick Law '03 Sharon Wilmot Participation 6% Petros Yannakis Total Giving $2,420 Timothy Robbins, Law ‘08 Michellene Beauchamp Law '08 Shane Katz (ThankQ Campaign) “The Class of 2008 is pleased to present the Faculty of Law with a Neil McCartney Participation 6% gift of new student mailboxes and a bookshelf in the student Total Giving $1,059 Andrew McLachlin lounge. The new mailboxes will be custom-made, with a design that Je!rey Merk Michael Blinick Geo!rey Ritchie Samil Chagpar complements the student lounge area. We are pleased to leave the Sheri Thompson Je!rey Fung school with a visible, enduring gift that will be used by students and Norman Wignall Lindsay Goldenberg & Joel Goldberg faculty for years to come.” Timothy Robbins, Law ‘08 ThankQ Fund Heidi Khoe Chair. Law '04 Daniel Kostka Participation 6% Morgan Maguire Ron Murdock Total Giving $2,380 Kimberly Ann Newton Joanne Bruno Timothy Robbins D Verity Lang Michener LLP Morgan Camley Lucy Wells Estate of J D B Walton, BA'45 Law Society Foundation Elise Hallewick Legal Aid Ontario Amy Kaufman Family, Friends, Student Organizations LexisNexis Canada Inc Class of Law 2010 Erin Metzler Faculty and Sta! McCarthy Tétrault Foundation Queen's Criminal Law Assoc Kirsten Musgrove Catherine Allgood McLean McCuaig Foundation Queen's Law Students' Society Sarah Rancier Philip Anisman McMillan LLP Bo Rothstein Lisa Anketell, BA'05 Millard Johnson & Maxwell Jessica Watkins Prof. Kim Brooks Law Firms, Foundations and Miller Thomson LLP Deborah Buck Corporate Donors to Queen's Ogilvy Renault LLP Law '05 Bernard Burkom Law Osler, Hoskin & Harcourt LLP Aird & Berlis LLP Participation 8% Jim Campbell, BED'76 PepsiCo Foundation Bayne Sellar Boxall Total Giving $1,435 Elspeth Carmichael, BA'84 Praxair, Inc Bereskin & Parr Allan Colquhoun Robert Colwell, BCOMM'72 & Sherrard Kuzz LLP Blake, Cassels & Graydon LLP Frederique Delapree Alevia Colwell, BCOMM'72 Shibley Righton LLP Borden Ladner Gervais LLP Rory Dyck Barbara Cowle Stikeman Elliott LLP Cassels Brock & Blackwell LLP Angela Lam Jack & Virginia Diskin Stringer Brisbin & Humphrey Criminal Lawyers' Association Herbert Law John R Dow Thomson Carswell Davies Ward Phillips & Vineberg LLP Eric Loree Janice Draper Torkin Manes Cohen & Arbus LLP Ernst & Young LLP Melissa MacKovski June Draper V-CC Systems Inc Faber Bickman Leon Hasini Palihapitiya Margaret Einarson, BPHE'87 Waterloo Law Association Fasken Martineau DuMoulin LLP Reut Rothstein Kevin Fahey, BCOMM'90 WeirFoulds LLP Harold G Fox Education Fund Vaibhav Sahay Bryan & Carol Finlay ZSA Legal Recruitment Fraser Milner Casgrain LLP Denise Sayer Frank Flanagan Gowling La'eur Henderson LLP Trevor Shaw Jackie Flanagan *deceased Dr. Margaret Flanagan L M Gordon Law O$ce Law '06 Dean William Flanagan Participation 3% Hon. Alison Harvison Young Total Giving $600 Byron Horner THE POWER TO GIVE Patricia Jackson, BA'72 Mark Bumstead It is never too early or too late to consider making a bequest in your Scott England Dr. David Kostiuk & Jill de Villafranca Meredith Jones Vern & Linda Krishna will to Queen’s Law. Your gift, regardless of size, will help Queen’s Ari Katz Estate of Reuben Wells Leonard, LL.D. ‘30 Law to continue providing outstanding legal training to students in Dwight Ta!e Alfred Kwinter the years to come. To learn more about how your bequest, charitable Adam Wygodny Allan Markin trust, charitable annuity or gift of life insurance can assist Queen’s Dr. James Maxwell & Law '07 Dr. Mary Percival Maxwell Law, please contact: Participation 18% Kathleen S McCorkell Total Giving $1,845 Margaret McGarrable Trevor M.Clark, B.Ed, CFRE James Blain Odette Menard Osser Director of Development – Planned Giving Teresa Buchanan Hon. Peter Milliken, BA'68 Amy Chen John & Sarah Nagel O$ce of Advancement Eva Chen Sandra Onufryk Old Medical Building Room 109, Queen's University Jill Daley Edward & Joan Richmond Kingston, ON K7L 3N6 Anthony De Silva Robert J Sharkey Tel 613 533-2060 ext 77196, Toll Free 800 267-7837 Robert Fraser Dr. Bruce Shearer, MA'89, PHD'94 & Fax 613 533-6762 Robin Garnett Dr. Marie-Claude Beaulieu, MA'90, PHD'94 Marianne Guirguis Nancy Sullivan [email protected] Claire Hicks Louis Tepper, BA'51* www.giving.queensu.ca Ian Isbester Hon. Gary Trotter
Queen’s Law Reports 45 SUPPORTING EXCELLENCE
DEAN’S EXCELLENCE FUND SUPPORTS STUDENTS’ EDUCATIONAL ACTIVITIES
Thanks to the Queen’s Law alumni who have made generous donations to the Dean’s Excellence Fund, students have been able to enrich their studies by participating in extracurricular educational activities. In 2007-08, the fund enabled many students to enjoy rewarding academic experiences.
Students join constitutional debate
Six students attended the 2008 Canadian Constitutional Affairs Conference in Quebec City from January 17 to 20, joining students from across the country and prominent Canadians in a debate about constitutional affairs.
“Having the opportunity to hear people use the concepts we've learned to discuss Canada's constitutional issues – and at such a high level – was invaluable.” Aaron Korman, Law ‘0900
Keynote speaker Bernard Lord, former premier of New Brunswick and Prime Minister Stephen Harper’s special advisor on o#cial languages, at the Canadian Constitutional A!airs Conference with students Jared Giesbrecht, Law ‘08, Aaron Korman, Law ‘09, Jessica Burnstein, Law ‘08, Beth Spratt, Law ‘08, Erin Pleet, MPA ’08/Law ‘11 and Alexandra Pietrzak, Law ‘09
Students organize conference on corporate accountability and the law
Five students who organized the conference, “The New Wild West: Multinational Corporations in the Global South,” held on March 15, 2008, gave their peers a chance to learn from academic and industry experts in human rights and environmental law.
“The conference addressed questions of corporate governance and challenged us with wider conceptions of law creation and enforcement. Sharing practical and political ideas is an important part of our legal education. We would like to thank Dean Bill Flanagan with three co-chairs of the conference, “The Wild West: the Dean’s Excellence Fund for all the Multinational Corporations in the Global South”: Jared Giesbrecht (seated), Law ‘08; Beth Spratt (standing), Law ‘08, and Adriana Vaduva, Law ‘10 support.”
Alison Josselyn Jared Giesbrecht, Law ’08
46 Queen’s Law Reports SUPPORTING EXCELLENCE
Student attends black law students’ conference Other students who bene"ted Ike Awgu, Law ’08, attended the 17th from the Dean’s Excellence Fund Annual Black Law Students’ Associa- in the past year include the tion of Canada National Conference in following: Vancouver from February 22 to 23, 2008. Law students, academics and legal Daniel Kostka, Law ’08, interned at professionals from across Canada The Back Door in Calgary, an organi- discussed past achievements and zation that helps local street youth present concerns of black Canadians, integrate with mainstream society. and helped undergraduate and high school students discover why they Fazilah Hussain and Kate Findlay should be interested in a legal career. of Law ‘08 completed international internships (see page 18). “Participating in events like this makes Queen's Law more accessible to members of Lauren Wihak, Law ’08, presented a Ike Awgu, Law ’08, at the 7th Annual racialized communities, many of whom have scholarly article at the interdiscipli- Black Law Students’ Association of little exposure to Queen's. It was nary graduate studies conference, Canada National Conference, with important for us to have a voice at the table “Crime, Law and Regulation,” held at keynote speaker Professor Emeritus Peter Hogg of Osgoode Hall Law School, and I was proud that Queen's Law decided the University of Toronto. The article now the Scholar in Residence at Blake, to sponsor the event.” has now been accepted for publica- Cassels & Graydon LLP Ike Awgu, Law ‘08 tion in the forthcoming issue of the Windsor Yearbook of Access to Justice.
Joining the "ght for humanity Megan Edmiston and Pamela Sidey of Law ’10 participated in the Adam Freedman, Law ’08, attended Women’s Court of Canada the 21st annual Canadian Jewish Law Symposium in Toronto. Students’ Association conference in Montreal from March 7 to 9, 2008. Monica Chohan and Heather Webb Students learned about the importance of Law ’09 attended the Junior of human rights advocacy in a world of Scholars’ Conference in Montreal. hate speech and internet-based cruelty from speakers including Supreme Court Justice Marshall Rothstein and civil libertarian Julius Grey.
“The conference revealed to me that, Queen's Law as lawyers, we must do our utmost to seek justice in a world where justice is often thanks all donors challenged by marginalization and racism. for their generosity I am deeply grateful to Queen's Law for in enhancing students’ sending me to this event, and I hope more Adam Freedman, Law ’08, (middle) with educational experiences students of all backgrounds will attend other student participants at the 21st annual Canadian Jewish Law Students’ next year.” Association conference Adam Freedman, Law ‘08
Queen’s Law Reports 47 ALUMNI FOCUS
FIVE ALUMNI INDUCTED ALUMNUS APPOINTED TO INTO AMERICAN COLLEGE COURT OF APPEAL FOR ONTARIO OF TRIAL LAWYERS Justice John David On March 8, 2008, five Queen's Watt, Law ‘70, a highly Law alumni became Fellows of the respected Ontario American College of Trial Lawyers, Superior Court judge, J. Gregory Richards, one of North America’s premier Law ’79 was appointed a Judge WeirFoulds LLP WeirFoulds legal associations: of the Court of Appeal for Ontario on October J. Gregory Richards, Law ’79, 12, 2007. WeirFoulds LLP, Toronto Since his call to the Gerald P. Sadvari, Law ’76, Bar of Ontario in 1972, McCarthy Tétrault, Toronto Justice Watt has had an Justice John David Watt, exemplary career in the Gerald P. Sadvari, R. Paul Steep, Artsci ’77, Law ’80, Law ’70 province’s justice sys- Law ’76 Star Toronto Ron Bull, McCarthy Tétrault Tétrault McCarthy McCarthy Tétrault, Toronto tem. He was counsel at the Ministry of the Attorney General’s Criminal Appeals David Stratas, Law ’84, and Special Prosecutions Branch from 1972 to 1985 and Heenan Blaikie LLP, Toronto Deputy Director from 1975 to 1977. He then served as Kent E. Thomson, Artsci ’79, Law ’82, Senior Crown Counsel in the Criminal Law Branch until Davies Ward Phillips & Vineberg LLP, his appointment in 1985 as a Judge of the Supreme Court Toronto of Ontario, which became the Superior Court of Justice in R. Paul Steep, 1999. Artsci ’77, Law ’80 Founded in 1950, the College’s Justice Watt has published widely in criminal law McCarthy Tétrault Tétrault McCarthy members are the most distinguished and lectured at Queen's Law, the University of Western trial lawyers in the United States Ontario, Osgoode Hall Law School, the University of and Canada. Fellowship in the Toronto, and for the Law Society of Upper Canada’s Bar College is extended by invitation Admission Course. He has also presented continuing to experienced trial lawyers who education classes to members of the bar and to the judiciary. have mastered the art of advocacy In 1998, Justice Watt received the Harrison Tweed and whose professional careers Award for Special Merit in Continuing Legal Education David Stratas, have been marked by the highest from the American Law Institute/American Bar Associa- Law ’84 Heenan Blaikie LLP standards of ethical conduct, tion. A faculty member of the Federation of Law Societies’ professionalism, civility and National Criminal Law Program since 1972, and Chair collegiality. from 1985 to 2004, he was appointed Honorary Chair in Invitation to join the College is 2004. the most distinguished award that Justice Watt’s contributions to the Ontario justice can be given to litigators in Canada, system and the advancement of jurisprudence in Canada and Queen's Law alumni represent were recognized in 2005 when he was presented with an Kent E. Thomson, one-quarter of the country’s 2008 honorary Doctor of Laws by the Law Society of Upper Artsci ’79, Law ’82 Canada.
Davies Ward Phillips & Vineberg LLP Vineberg & Phillips Ward Davies inductees.
PROVINCIAL JUDICIAL APPOINTMENTS IN 2007
Gary W. Tranmer, Sc '74, Law '77, a partner with Nelson Tranmer LLP in Kingston, was appointed a Judge of the Superior Court of Justice in and for the Province of Ontario on May 11, 2007. Jo’Anne Strekaf, Law '80, a lawyer with Bennett Jones LLP in Calgary, was appointed as a Judge of the Court of Queen’s Bench of Alberta on Gary W. Tranmer, Jo’Anne Strekaf, November 29, 2007. Sc ‘74, Law ‘77 Law ‘80
48 Queen’s Law Reports ALUMNI FOCUS
ALUMNUS MIKE GILLIS Hockey League from 1975 to 1978. He equity issues and human rights, she is APPOINTED GENERAL then played parts of six NHL seasons honoured to serve on the Commission, MANAGER OF with the Colorado Rockies and the which will investigate a broad range of VANCOUVER CANUCKS Boston Bruins. After his retirement law-reform issues in Ontario. from playing in 1985 due to injuries, As a Board member, Gupta works Gillis coached the Queen's Golden with her colleagues to set priorities Gaels varsity hockey team for a year and to review and critique the research and then earned an LL.B. at Queen's submitted to the Commission. “The Law. He practised at Torys LLP in idea is to look at the administration of Toronto, then became a player agent in justice, including access to justice is- 1992, founding M.D. Gillis and Associ- sues, and say, ‘how can we make it bet- ates in Kingston two years later. ter for all Ontarians?’” Gupta said. Gillis returned to Queen's Law In December 2007, the Commission from 1996 to 1999 as a sessional released its mandate. “The Commis- instructor co-teaching Entertainment sion will be focusing on areas as Law, a course he took as a student. diverse as the division of pensions “The students wanted to continue that upon a family breakdown to develop- course,” Gillis said. “I thought it was ing a coherent approach to laws that an opportunity to give back.” may have an impact on an aging Mike Gillis, Law ‘89, speaks at the press How did Queen's Law prepare population,” Gupta said. conference following his introduction as the new general manager of the Gillis for his career? “I think legal Gupta was previously a chair of the Vancouver Canucks. training is good background for a lot Ontario Bar Association's equity group Kim Stallknecht/ Vancouver Canucks KimVancouver Stallknecht/ of professions,” Gillis said. “I really en- and was very active with the Law Soci- Mike Gillis, Law ‘89, was intro- joyed the time I spent at Queen's Law. ety of Upper Canada's equity advisory duced as the new general manager I loved it. I felt it was great prepara- group. She has also volunteered for a of the Vancouver Canucks at a press tion…it worked out really well for the number of charity groups devoted to conference in General Motors Place profession I’m in.” helping new immigrants find opportu- on April 23, 2008. Having enjoyed a nities in Canada. successful career as a player agent In the mid-1990s, Gupta returned to with clients including stars Pavel Bure Queen's Law as a sessional instructor and Bobby Holik, Gillis is ready to NEENA GUPTA BRINGS WEALTH to teach Human Rights. She was im- serve in his new role with the National OF EXPERIENCE TO ONTARIO pressed with the intelligence and life Hockey League team. LAW COMMISSION experience her students brought to the “It feels like a natural progression, classroom. "It was a phenomenal expe- based on the things that I’ve done rience coming back [to Queen's]," she in the past,” Gillis said about his said. "It was a real privilege to teach appointment. “It will be challenging, students of such high calibre." with lots of work to do, but I am fairly The Commission is the second of its well-prepared.” kind in the past two decades. Estab- Charged with turning the team – lished by Ontario Attorney General which missed the playoffs twice in Michael Bryant, it is a joint venture of the last three years – into a Stanley the Law Foundation of Ontario, the Cup contender, Gillis brings a new Ministry of the Attorney General, all approach to the job. six of the province's law schools and "I'm hoping to bring different the Law Society of Upper Canada. ideas to the draft table and to player development,” Gillis said. "I'm also Neena Gupta, Artsci ‘84, Law ‘87 hoping to be able to attract players Gowling La ! eur Hendeson LLP here because, in dealing with them In July 2007, Neena Gupta, Artsci for the last 17 years, I understand the '84, Law '87, was appointed to the message they want to hear and what Board of Governors of the newly is important to them." formed Law Commission of Ontario. Gillis played with the Kingston A partner at Gowling Lafleur Hender- Canadians in the Ontario Major Junior son LLP and a passionate advocate for
Queen’s Law Reports 49 ALUMNI FOCUS
ALUMNUS DAVID JOHNSTON APPOINTED BY PRIME MINISTER TO HEAD MULRONEY REVIEW
University of Waterloo President David Johnston, Law ’66, LL.D. ’91, was a prominent name in Canadian politics this past year. In November 2007, he was appointed by Prime David Allgood, Law ‘74, is presented Minister Stephen Harper to conduct with the 2008 Global Counsel Award by an impartial review of the allegations Rodgin Cohen of Sullivan & Cromwell Betty DelBianco, Law ‘84 Celistica on June 25, in New York. regarding the financial dealings Association of Corporate Counsel of Corporate Association between the Right Honourable Brian Mulroney and Karlheinz Schreiber. ALUMNA NAMED ONE OF DEAN’S COUNCIL CHAIR WINS CANADA’S MOST POWERFUL In his final report, released in Janu- GLOBAL COUNSEL AWARD WOMEN THREE YEARS IN A ROW ary 2008, Johnston found no evidence of criminal activity arising from the David Allgood, Arts ’70, Law ‘74, The Women’s Executive Network large cash payments made by chair of Queen's Law’s Dean’s has named Betty DelBianco, Law ‘84, Schreiber to Mulroney after he left Council, is the only Canadian to win one of the 100 most powerful women office in 1993. Johnston agreed with a 2008 Global Counsel Award. The in Canada in 2007. This is the third the findings of the RCMP and said that award ceremony was held on June 25, year in a row that she has been there was no need for further criminal 2008, in New York. Allgood won his included in the list in the corporate investigations. He recommended a award in the Regulatory (Financial executive category. limited public inquiry to determine Services) category. In 1998, DelBianco joined one of whether Mulroney broke ethical “I view it as a recognition of the Canada’s largest technology compa- guidelines for holders of public office RBC law group, really a team award,” nies, Celestica, which is an $8-billion by accepting cash payments from Allgood said. Allgood leads a team of provider of electronics lifecycle solu- Schreiber in exchange for the promise 150 lawyers in and outside Canada for tions. At that time, Celestica was of lobbying efforts in the future. the Royal Bank of Canada. He and his making the transition to a publicly Johnston has a lengthy history of team were nominated for the award traded company. As the Vice-Presi- involvement in public service. He was by outside law firms they had dealt dent, General Counsel and Corporate the founding chair of the National with during the last year. Secretary, she set up the board and Round Table on the Environment and A former partner of Osler, Hoskin governance procedures after the Economy, and the debate modera- & Harcourt, Allgood joined the Royal Celestica’s record-setting IPO. tor for the 1979 and 1984 elections. Bank of Canada in 1998 as the Senior DelBianco was promoted to Senior He has served on many committees Vice President – Corporate Taxation. Vice-President and Chief Legal Officer and boards including the Board of He was appointed Executive Vice- in 2004. She became the first woman Overseers of Harvard University, the President and General Counsel in to hold one of the company’s top five Neuroscience Network Centre of 2000. executive positions in 2008, when she Excellence, and Canada’s Sustainable “Queen's Law was the first step- was named Executive Vice-President Development Technology Foundation, ping stone in my legal career,” Allgood and Chief Legal and Administrative and he is a founding trustee of the said. “Without the background and Officer. In addition to her responsi- MasterCard Foundation. the foundation that Queen's Law pro- bilities on the legal side, she is now Johnston is a former principal of vided, I wouldn't have been in a posi- responsible for Corporate Communica- McGill University and former dean tion to win the award.” tions and Human Resources, oversee- of the Faculty of Law at the University The Global Counsel Awards are ing programs that affect more than of Western Ontario. He has received presented by the International Law 40,000 employees across the world. honorary doctorates from 12 Office and the Association of Corpo- For her many accomplishments at universities and is a Companion of rate Counsel. The awards recognize Celestica, DelBianco will be entering the Order of Canada. in-house lawyers who excel at their the Women’s Executive Network’s roles. The short-list was based on Hall of Fame in 2008. more than 2,900 nominations from law firm partners and corporate counsel.
50 Queen’s Law Reports ALUMNI FOCUS
FOUR ALUMNI APPOINTED TO BOARD OF ADVOCATES' SOCIETY
The Advocates’ Society has Fellow of the American College of appointed Michael Emery, Law ‘80, Trial Lawyers. Douglas Hunt, Law ‘73, Peter Lukasiewicz, Law ‘79, and Frank Walwyn, Law ‘93, to its board of Lukasiewicz, managing partner and directors. a senior commercial litigator at the Founded in 1963, the Advocates’ Toronto office of Gowling Lafleur Society promotes excellence in advo- Henderson LLP, specializes in complex Michael Emery, Law ‘80 Simpson Wigle LLP Wigle Simpson cacy, ethical professional practices by commercial disputes. From 1985 to lawyers and the independence of the 1986, he was Chief of Staff to the Attor- Bar and the judiciary. The Society has ney General for Ontario, and in his more than 3,600 members across practice he has represented clients in Ontario in almost every field of law, Canada and internationally. He has from sole practitioners, to lawyers in been a member of the Toronto Board the civil service, to members of large of Trade's 2006 Governance Task Force, firms. and the Vice-Chair of Queen's Law's Advisory Council, and he is currently the Chair of Ryerson University's Emery is a partner in the Burlington Board of Governors. In 2008, the office of Simpson Wigle LLP, specializ- Government of Canada awarded ing in civil litigation. He was called to Lukasiewicz a Queen's Golden Jubilee Douglas Hunt, Law ‘73 the Bar in British Columbia in 1981 medal for significant contributions to Hunt Partners LLP Hunt Partners and to the Ontario Bar in 1985, and he the country, community and fellow has argued cases before the Ontario Canadians. Superior Court of Justice and the Court of Appeal for Ontario. He has served as the President of the Halton Walwyn is a partner, management County Law Association and the Chair committee member and civil litigator of the Civil Litigation Section Execu- at WeirFoulds LLP, with a focus on tive of the Ontario Bar Association. complex business litigation. A member of the Bars of both Ontario and St. Kitts and Nevis, Walwyn acts fre- Hunt, the senior partner of Hunt quently on significant commercial Partners in Toronto, specializes in legal matters in the Caribbean in addi- criminal law. He was appointed tion to his work in Canada. As part of Peter Lukasiewicz, Law ‘79 the legal team for WestJet in Air Canada Gowling La ! eur Henderson LLP Queen's Counsel in 1985 and he served as the Assistant Deputy v. WestJet, he helped contribute to the Attorney General and Director of case law respecting discovery of elec- Criminal Law for Ontario. He left tronic documents. Currently president the public service to become a partner of the Canadian Association of Black at a national firm, and in 2001 he Lawyers, Walwyn is an advocate for founded Hunt Partners. equal rights in the legal profession. Hunt was first appointed to the He is a member of the Law Society's Board of the Advocates' Society from Equity Advisory Group, and is a 1988 to 1991. He has also served as frequent speaker on equity and Chairman of the Board of Directors of access issues in the legal the Metropolitan Toronto Forensic profession. Service and Chairman of the Board of Governors of the Toronto East General Frank Walwyn, Law ‘93 WeirFoulds LLP WeirFoulds and Orthopaedic Hospital. He is a
Queen’s Law Reports 51 ALUMNI FOCUS
British Columbia and Ontario Bars. Joshi represents agents and issuers active in the Canadian and U.S. public markets. He advises Canadian invest- ment dealers, limited market dealers and merchant banks, as well as issuers in the natural-resource, new-media and telecommunications sectors. Joshi is listed as a “Lawyer to Watch” in the 2008 edition of The Canadian Legal Lexpert Directory in the category of “Top U.S. Cross-Border Corporate Dean Bill Flanagan, honouree Donald Rasmussen, Law ’65, Laird Rasmussen, Law ’64, and Lawyers in Canada,” and is nominated Peter Thompson, Q.C., Law ’65, at the Advocates’ Society dinner at the National Arts Centre as “Leading Lawyer” in the categories in Ottawa on March 27, 2008
Valberg Imaging Valberg of “Mining Law” and “Mid-Market Corporate Lawyers” for the 2009 DONALD RASMUSSEN, LAW ‘65, the Canadian College of Construction Lexpert Directory. HONOURED Lawyers. The selection of the Lexpert list was “I spent six years at Queen's Uni- based on the responses to question- Donald Rasmussen, Law ‘65, of versity,” Rasmussen said. “It was an naires sent to thousands of legal prac- Rasmussen Starr Ruddy LLP, was environment in which excellence and titioners and corporate counsel in honoured by the Advocates’ Society at several practice areas. The lawyers a dinner on March 27, 2008. The event honour were stressed. It was a time given the highest scores and the best was held at the National Arts Centre when I was able to mature and, possi- in Ottawa, with more than 160 lawyers bly by some form of osmosis, absorb endorsements by their peers were and judges, including several Queen's those principles. I learned to think and included in the list. Law alumni, in attendance. I learned the basics. Queen's Law gave The Advocates’ Society, a profes- me a great start in the practice of law.” sional association for advocates with more than 3,000 members in Ontario, has honoured one lawyer in Eastern Ontario almost every year since 1996. TWO ALUMNI IN LIST OF TOP 40 The award, dedicated to those litiga- LAWYERS UNDER 40 tors who remain trial lawyers, recog- nizes those who exemplify profes- Queen's Law alumni John Ciar- sionalism, integrity and excellence dullo, Law ‘95, and Sanjay Joshi, Law in the practice of law. ‘99, are young and rising stars, accord- “Donald Rasmussen is an outstand- ing to Lexpert. Both were named in ing advocate,” said Fay Brunning, Law Lexpert’s list of the Top 40 Lawyers John Ciardullo, Law ‘95
‘87, a barrister and solicitor at Sack Under 40 for 2007. Stikeman Elliott Goldblatt Mitchell LLP and Chair of Ciardullo is a partner in the the Advocates' Society Dinner. “He has Toronto office of Stikeman Elliott LLP. dedicated his career and his life to the A specialist in corporate and securities Canadian legal justice system. He is law, he focuses on public mergers extremely gifted in his persuasive and acquisitions and has significant manner and in the substance of his experience with proxy contests and presentation in all levels of court.” contested shareholder meetings. Ciar- Rasmussen began his studies at dullo was also recently recognized in Queen's in the Faculty of Medicine, Chambers Global's 2008 Guide to the transferring to the Faculty of Law after World's Leading Lawyers for Business three years. Since his call to the in Corporate/M&A. Ontario Bar in 1967, he has been a Joshi is a partner with WeirFoulds Fellow of the American College of Trial LLP in Toronto. A specialist in securi- Sanjay Joshi, Law ‘99
Lawyers and an original member of ties law, he is a member of both the LLP WeirFoulds
52 Queen’s Law Reports Canada from Jamaica, and why did he not return to Jamaica after finishing his studies?,” Walwyn wonders. “How did he manage to practise law Queen’s University Trailblazer in Upper Canada, when a few short years after his death Delos Rogest Davis was refused articles by Upper Robert Sutherland’s Legacy Canada law firms and required a special act of Parliament to eventually be called to the Bar? What became of by Robert B. Marks his family in Jamaica? These questions arise from a fascinating story of One of the first benefactors of Also a black immigrant to Canada accomplishment and largesse.” Queen's University–the first black from the Caribbean, Walwyn is a part- It’s hardly surprising that such lawyer in Ontario–may well have ner at WeirFoulds LLP and President a ground-breaking figure has been been born a slave. He’s also one of the of the Canadian Association of Black an inspiration for Queen's Law stu- most mysterious figures in Queen's Lawyers. He admits to being intrigued dents, particularly those who come University’s history. by the Sutherland story. “It’s remark- from a visible minority community. Robert Sutherland was born in able that Sutherland accomplished Esi Codjoe, Law ’03, a Jamaican who Jamaica about 1830, when slavery was what he did.” is now an associate with Ryder Wright still legal in the British Empire. A black After graduation from Queen's Blair & Holmes LLP in Toronto, wrote Jamaican, whose parents quite possi- University, Sutherland went on to a piece published by the Ontario Bar bly worked on a plantation, he would study law, becoming in 1855 the first Institute in March 2008 about Suther- have been about three years old when black man to be called to the Bar in land’s influence. slavery was abolished. Ontario. By the time of his death of “As a young black lawyer, I daily Sutherland came to Canada to pneumonia in Walkerton in 1878, his draw from the head and heart in the attend Queen's University in 1849. net worth was $12,000—more than work that I do,” Codjoe wrote. “When He was the very first black university $230,000 today. Sutherland bequeathed I represent vulnerable clients seeking student in Ontario, if not all of Canada. the entire sum to Queen's, remember- justice, I walk in the light that Suther- He quickly became one of Queen's ing the university as the one place he land’s life represents. His star pierced best students, earning 14 academic “had always been treated as a gentle- the darkness and made it easier for all prizes, and taking an active role in man.” Queen's was in financial crisis of us to find our way.” extracurricular activities, such as the in the 1870s, fighting to avoid being “I first heard about Sutherland in university’s debating club. absorbed by another university. my first year of law school at Queen's,” “A black man achieved this when Sutherland’s donation maintained the Codjoe said. “I was impressed by his slavery was very much a reality in school’s independence—and made accomplishments and his capacity to North America, when bigotry and him its saviour. attain his goals in the face of signifi- racism were rampant, and when the Despite Sutherland’s achievements, cant hurdles. His story reminded me Underground Railway was at its his past remains shrouded in mystery. that perseverance is important. As a peak,” said Frank Walwyn, Law ’93. “How and why did he end up in black woman, I am always influenced by black men and women who have successfully gone before me; they stand as a beacon of hope.”
“OBA Trailblazer – Robert Sutherland: Head and the Heart,” by Esi Codjoe, published by the OBA, is copyright 2008 Esi Codjoe, and excerpted Frank Walwyn, Law ‘93 Esi Codjoe, Law ‘03 with permission. WeirFoulds LLP WeirFoulds Ryder Wright Blair & Holmes LLP Wright Ryder
Queen’s Law Reports 53 IN MEMORIAM
THE QUEEN’S LAW COMMUNITY REMEMBERS FRIENDS WHO PASSED AWAY IN THE LAST YEAR
1960 1967 1977 Donald J. Finn, Law’ 60, John Stewart Alexander, Q.C., Arts ’64, Law Reginald Hill Brown, QC, who practised for 42 years at ’67, Crown Attorney for Simcoe County from Law ’77, who had a chal- the law "rm he started in l984 to 2004, passed away on June 9, 2007. He lenging and successful Minden in 1962, passed had recently retired to cottage country, and his litigation practice and was away on June 30, 2007. He passions included skiing, golf, windsur"ng, managing partner of the St. had many passions in life; water skiing, hockey and tennis. Alexander John’s o$ce of the law "rm perhaps his favourite was his horses. He celebrated each day with a zest for life and Cox & Palmer, passed away on January 15, worked breeding and racing thoroughbred devotion to family and friends. His life's work 2007. He was an active member of the com- horses until his illness. He is survived by his was the pursuit of fairness in the criminal jus- munity, particularly with St. John Ambulance. wife Carole (nee McGarrity) and daughters Erin tice system. He is survived by his wife, Elfriede. Brown was appointed Knight of the Order of (Winsor) McDonell, Artsci88 and Eoin (Insiya). St. John by the Governor General of Canada in 1969 2000 and received the Queen’s Golden Jubilee Gordon Douglas Richard Thomas, Law ’69, a Medal in 2002. He balanced a demanding pro- Walmsley, Arts ’57, Law ’60, tax lawyer at the Toronto fessional life with the philosophy that "family who practised in Prince "rm of McMillan LLP, passed always came "rst." He is survived by his wife Edward County for over 40 away on April 2, 2008. Pam, son Daniel and daughter Johanna. years, passed away on July Thomas began his aca- 26, 2007. He is survived demic career at the Univer- 1978 by his sons Ian (Anne) of sity of Western Ontario, graduating with a John Phillips, Q.C., BCom Vancouver and Chris (Ann) of Toronto. Bachelor of Arts in 1964. After studying law at ’75, Law ’78, a senior mem- Queen’s, he became an associate at the "rm of ber of Miller Thomson's Pri- 1961 Robarts Betts McLennan and Flynn in London, vate Client Services and Michael James (Jim) Ontario, in 1969. Charities and Not-for-Pro"t O’Grady, QC, Arts ’57, Law Thomas joined the federal Department of Groups, passed away on ’61, passed away on May 17, Justice in 1970, concentrating on tax law, March 5, 2008, at the age of 54. 2008. eventually heading the Tax Litigation section After graduating from Queen’s Law, the O’Grady was born in in Toronto. In 1981, he joined the "rm of Belleville, Ontario native remained involved Timmins, Ontario and grew McMillan Binch LLP. He became a Tax Partner with the law school and helped develop the up in Rouyn-Noranda, Quebec. After complet- and head of the Tax Group and, unusually for a Alberta Scholar at Queen’s Law Scholarship. ing a degree in economics and an LL.B. at lawyer who does not specialize in advocacy, Phillips was an active member of the Law Queen’s, he was awarded a Viscount Bennett argued a case before the Supreme Court of Society of Alberta, serving as a Bencher from Scholarship to Harvard Law School, from Canada. 2002-2003. As part of his practice, he advised which he received an LL.M. in 1963. Thomas received a Master of Laws degree many charities and foundations in Calgary. After returning to Canada, O’Grady spent from York University in 1988, and was a former He was also an active member of his commu- three years as the Special Assistant to Hon. governor of the Canadian Tax Foundation, an nity. To those who knew him best in life and Larry Pennell, Solicitor General of Canada. editor and frequent contributor to the Current in business, he was a true gentleman, kind, He was appointed Queen’s Counsel in 1982, Cases Feature of the Canada Tax Journal and a and always generous with his time and energy. and elected a Fellow of the American College member of the International Fiscal Association. “John was a proud Queen’s grad and a true of Trial Lawyers in 1998. He also served as Thomas is survived by his children Chris, mentor for lawyers in Calgary,” said Joe the National President of the Consumers Meagan, Artsci ’93, and Hilary Thomas, BFA ’95, Bradford, Law ’94. Association of Canada and as a member of and companion Lydia Li. Phillips is survived by his wife, Lynne the Executive Committee of the International Phillips, BED ‘78, and children Rob and Andrew. Organization of Consumers Unions. Gordon Andrew Wiggins, “Jim was well-respected,” said classmate Arts ’66, Law ’69, a civil liti- 1981 Justice Gordon Sedgwick, Law ‘61, “even held gation lawyer with Sullivan Thomas J. Potter, Law ’81, in awe by his colleagues, for his legendary Mahoney LLP in St. who spent the majority of integrity and skills both in and out of the Catharines, passed away on his career practising law in courtroom, as well as his unfailing courtesy, November 21, 2007. He was Vancouver with Swinton & even to judges!” a member of several organi- Company and then Miller O’Grady was passionate about hockey. zations, including the Advocates' Society and Thomson LLP, passed away He coached minor hockey in his community the Lincoln Law Association. To those he in January 2007. He developed a reputation for more than 15 years. He played Old Timers worked with, he was known as a “great lawyer for his commitment to his clients, for his re- hockey, and he even wrote a poem, “Hockey and co-worker”. To his family, “he meant the sourcefulness, for taking the long view and for After Fifty,” vividly describing his own feelings. world.” Wiggins is survived by his wife Janet, his love of healthy verbal exchanges. He was His other associations with hockey included son Chris, daughters Lyndsey Raymer and Jodi “tough to beat, whether at work or play.” Potter service as general counsel to the Canadian and granddaughter Annika. is survived by his wife Joanne McLeod, Law Hockey Association (now Hockey Canada) for ’81, and son James, BCom ’08. many years, and as a member of the Interna- tional Hockey Federation Board of Arbitration. He is survived by his wife Helen (nee Alexi- ade) MSW, Arts ’58, and son James.
54 Queen’s Law Reports ALUMNI NOTES
THE QUEEN’S LAW COMMUNITY CONGRATULATES ALUMNI
1969 1998 2004/5 Neil McCrank, Q.C., Law ’69, was appointed to Jeremy Robinson, Law ’98, joined the New Reut Ariel, Law ’05, and Robert (Bo) the Board of Directors for AltaGas General York "rm Bernstein Litowitz Berger & Gross- Rothstein, Law ’04, were married on August 5, Partner Inc., an integrated energy infrastruc- mann LLP as an Associate in January 2006 after 2007, in Vancouver, B.C. ture and services organization, on December being called to the state’s Bar. He also recently 10, 2007. He also recently joined Borden completed the Master of Laws program at 2007 Ladner Gervais LLP in the Calgary o$ce as Columbia University. Major Chris Waters, LLM '07, joined the sta! Counsel. of military lawyers at the new Military Law 2004 1970 Jessica Watkins, Law ’04, Centre established in Kingston in November W.A.(Alf) Peneycad, Law Queen’s Law’s Co-Director of 2007. The centre oversees the education of '70, has been appointed Career Services, married Ian troops and o$cers in legal matters, trains a Director of PetroFalcon, Cooper on May 25, 2008, in military lawyers and provides policy and a Canadian public oil and a small ceremony in Toronto. doctrinal advice to the Canadian government. gas company with opera- tions in Venezuela. He is also a Director of Petro Andina Resources (Argentina), Canadian Wireless Trust and R Split III Corp which trade on the TSX. He is Counsel to Macleod Dixon LLP.
1975 Justice Helen MacLeod, Law ’75, married Dr. James Beliveau on December 22, 2007, in Kingston. They spent their honeymoon in February 2008 on a Queen's alumni trip aboard a tall ship cruising through Tahiti and French Polynesia. The couple has a blended family of eight children.
1980 Michael J. Bennett, Law ’80, was appointed Managing Partner of Blaney McMurtry LLP in September 2007. In addition to his new man- agement responsibilities, Ian Clarke, Law ’05, contemplates risking $150,000 of his $175,000 winnings in Michael continues to practise in the areas of pursuit of the $1 million prize on “Are You Smarter than a Canadian Fifth Grader?” securities and corporate "nance law. with host Colin Mochrie on October 25, 2007. Global TVGlobal 1995 Kelly Callon-McLean, Law FORMER LAW STUDENTS’ SOCIETY PRESIDENT ’95, and Patrick McLean, BCom '93, are thrilled to WINS BIG ON POPULAR GAME SHOW announce the very long- awaited arrival of their son, Ian Clarke, Law ’05, was the inaugural contestant on “Are You Smarter than a Michael David McLean, on Canadian Fifth Grader?”, this country’s version of the popular American game October 12, 2007, in Toronto. Kelly is the Direc- show. On the show, adult contestants compete to prove they are smarter than tor of Student and Associate Programs at Aird & Berlis LLP. 10-year-olds by answering a series of elementary school questions from grades one to "ve. With help from a couple of "fth-graders, Clarke won $175,000 on October 25, 2007. In front of a studio audience and 1.5 million viewers, the litigation associate at Ogilvy Renault LLP and former Federal Court of Appeal clerk also gave host Colin Send your news & photos for the Mochrie a mambo lesson. 2009 issue of Queen’s Law Reports “Being part of the show was an amazing and fun experience for which I am by April 30 to very thankful,” Clarke said. Alumni Relations Coordinator How does Clarke plan to spend some of his winnings? “My parents, niece Dianne Butler at and I are heading to Disneyworld in Florida in February 2009,” he said. [email protected].
Queen’s Law Reports 55 ALUMNI NOTES
ALUMNI RECEPTIONS DEAN’S COUNCIL Dean Bill Flanagan would like to thank alumni and friends who Dean Bill Flanagan gratefully attended our alumni receptions in acknowledges the commitment the following cities in 2007-08: and support of all the members of the Dean’s Council: Hong Kong, Peking Garden, Justice Peter Coulson, Law ‘63, Chief November 5, 2007 Justice Annemarie Bonkalo, Law ’76, Jus- David Allgood, Law ’74, tice Charles Anderson, Law ’79 and Jus- Edmonton, Upper Crust Café, Chair tice Tony Di Zio, Law ’75 Reno Video & Photography & Photography Video Reno April 9, 2008 Royal Bank of Canada Calgary, Hotel Arts, J. Gregory Richards, Law ’79, April 10, 2008 Vice-Chair WeirFoulds LLP Vancouver, Vancouver Art Gallery, April 14, 2008 Justice Nola E Garton, Law ‘73 Superior Court of Justice, Toronto, Four Seasons Centre, Toronto Region for the Performing Arts, Victoria Russell, Law ‘75 April 28, 2008 Justice Peter Bishop, Justice Wendy Barrister & Solicitor Malcolm, Justice Harvey Brownstone New York City, hosted by Seema Kalia, and Regional Senior Justice Robert Michael A. Smith, Law ‘90 Law ‘93, Bigelow, all Queen’s Law ’80 grads Patton Boggs LLP Reno Video & Photography Video Reno May 8, 2008 Justice Jo'Anne Strekaf, Law ‘80 Ottawa, Fairmont Chateau Laurier, Court of Queen's Bench, Alberta May 21, 2008 Kent E. Thomson, Artsci ‘79, Law ‘82 London, England, O#ce of Cli!ord Davies Ward Phillips & Vineberg LLP Chance LLP, May 23, 2008 Steven J. Trumper, Law ‘80 Marshall Diel & Myers
A reception for our Kingston and Bonnie Warkentin, Law ‘89 Laura Piasetzki, Greg Piasetzki, Law ‘80 area alumni will be held in September. Cunningham, Swan, Carty, Little & and Steve Trumper, Law ‘80 Invitations will be sent in August. Teddy Melvin Teddy Bonham LLP
THANK YOU TO SESSIONAL INSTRUCTORS AND VOLUNTEERS J.D. CONVERSION Queen's Law thanked sessional instructors and volunteers at a reception at the Q ' Donald Gordon Centre on April 2, 2008. ueen s Law is most grateful to all of our On February 28, 2008, the Queen's alumni and friends who donate their valuable time to the law school. University Senate unanimously approved a motion to change the designation of the Queen's Law degree from LL.B. to J.D. A Queen's Law alumnus may choose to convert his or her LL.B. to a J.D. The University will advise the faculty of the conversion process this fall, and the information will be posted in September 2008 on our website: http://law.queensu.ca/ Philip Osanic, Law ’91, LL.M. ‘02, Gord students/lss/jdProposal.html Mylks, Law ’67, Justice Doug Belch, Law Ted Bergeron, Law ‘91 and Professor ’67 and Mayor Harvey Rosen, Law ‘75 Erik Knutsen Alison Josselyn Alison Josselyn
Queen’s Law Reports 56 HOMECOMING 2007 Queen’s Law Homecoming Weekend 2008 September 26 to 28 Celebrate your class reunion during Homecoming Weekend. For details about the events, contact your class organizer.
1968 1993 Bill Johnson [email protected] Frank Walwyn [email protected] 1973 1998 John Hill [email protected] Daria Strachan [email protected] 1983 2003 Carol Cochrane [email protected] Kirsti Mathers McHenry [email protected] Sarah Atkinson [email protected] 1988 Michael Mercer [email protected] Wendy Oughtred [email protected] Stephen Wojciechowski [email protected]
For more information, please contact Dianne Butler, Alumni Relations Coordinator, at [email protected], or at 613.533.6000 ext. 78471
Queen’s Law at 50 Homecoming 2007
Dean Bill Flanagan welcomed recognition to Irene Bessette, Profes- alumni from 17 reunion classes to sor Emeritus, "rst Chief Librarian and celebrate a special Homecoming "rst woman faculty member from Weekend and the culminating event 1968 until her retirement in Novem- of Queen’s Law at 50 celebrations in ber 1988. A plaque to honour Irene Kingston on October 19th and 20th, Bessette is displayed in the computer 2007. A reception was held at Grant room of the library. The Honourable Hall on Friday evening to kick o!the Heather Smith, Law ’71, Chief Justice festivities. of the Superior Court of Justice and Saturday morning began with a The Honourable Annemarie Bonkalo, brunch reception at Agnes Ether- Law ’76, Chief Justice of the Ontario ington Art Centre and the opportu- Court of Justice, provided remarks on nity to tour the gallery and view the behalf of the judiciary at the unveiling newly acquired Rembrandt. of the new recognition wall. The Law Students’Society invited The weekend wrapped up with alumni to learn more about the moot a gala celebratory homecoming program at a moot demonstration in dinner at Ban Righ on Saturday Macdonald Hall on Saturday after- evening, hosted by David Pattenden, noon. This was a great opportunity Law ’71, Chair of the Queen’s Law to see students demonstrate their at 50 Steering Committee. Geraldine oral advocacy skills. A gala reception Tepper, Law ’60, one of only two and the unveiling of the Judicial women in the "rst graduating class, Recognition Wall took place in the provided keynote remarks to a full Lederman Law Library later that after- room of more than 300 alumni, faculty noon and Dean Flanagan gave special and friends. 08-0091
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