Annual Report 2013–14 Common Law Section, Faculty of Law retrospective This is our report to the community. In it, we tell you who we are and what we did in the academic year 2013–14.

Annual Report 2013–14 Common Law Section, Faculty of Law

University of CONTENTS

Who We Are 2 Awards and Honours 5 Activities at Law School Centres 5

What We Do In the Classroom 9 Provide Opportunity… 9 In the General and the Specialized… 9 With New Approaches to Legal Pedagogy 10 Faculty Interest Groups 10 Students Continued to Learn through Doing in New Initiatives… 12 By Blending Doctrine with Skill Acquisition… 13 On Subjects Ripped from the Headlines… 14 In Order to Change the World… 14 Across Disciplines… 14 And Across Borders… 15 Mooting Excellence 15 Breaking Up the Silos 17

What We Do Outside the Classroom 20 Our Research Attracts Financial Support from External Agencies and from the University 20 And that Financial Support Benefits our Students… 22 We Publish… 22 And We Contribute More Generally to Academic Scholarship… 22 But More than Write, We Act… 23 We Serve on Commissions and Appear before Courts… 23 We Join Boards and Consultative Bodies and Participate in Policy Colloquia… 24 We Participate in Policy Deliberations… 26 And Contribute to Discussions in both the Conventional and Social Media… 26 Supporting Student Scholarship 27 Student Public Interest Advocacy 28

Looking Forward to 2014–15 31

Annual Report Bibliography 33 Faculty Academic Publications Printed or Forthcoming During 2013–14 33 Presentations in 2013–14 40 Op-eds and Commentary in 2013–14 44 Who We Are

The Faculty of Law, Common Law Section, of the graduated its first class in 1960. Our origins and our history from the 1950s to the late 2000s are recounted in Reunion, the story of our first half-century.

We admit and graduate more JD students than any other Canadian faculty of law. At the end of 2013–14, 1,176 students were in our JD degree programs. These students come from a wide array of backgrounds – the class of 2015 earned prior academic credentials from more than 55 degree granting institutions from across the country and beyond.

This past academic year, we registered 308 first year JD students October 2013 survey of recent English and French three-year in the English language JD programs, of whom 26 were mature program JD graduates, 93.4% of those for whom we had data students, 27 were admitted in the access category and ten were had either secured articles or, in a small number of cases, were Aboriginal. These students were selected from among a pool of not actively seeking articles for this past academic year. The 3,595 applicants – put another way, there was one spot in our vast majority of these students articled in , with the first year class for slightly more than every ten applicants to single largest concentration in Ottawa and Toronto. the English JD program. The first year class was 44% male and 56% female, and included representatives from every province Jointly administered by the Common Law and Civil Law Sections, except Newfoundland. our Graduate Program had 147 students at the end of 2013–14, 60 of whom were pursuing doctoral degrees. 89 of these students In the several French language degree programs, we registered were studying in English and 58 in French. 33 of these graduate 83 first year students, of whom seven were mature students, two students were from outside of . were admitted in the access category and two were aboriginal. These students were selected from among a pool of 388 applicants. A sizable teaching staff instructed these JD and graduate students. The first year class was 35% male and 65% female, and included We had 68 full-time tenured and tenure-track faculty in 2013–14. students from , , , , These individuals taught alongside 13 full-time sessional or adjunct Nunavut, Ontario, PEI and . professors, and 134 part-time or visiting professors. Four of our full-time professors hold Canada Research Chairs, one holds a The average undergraduate percentile grade of students admitted University Research Chair, and three hold Endowed/Sponsored in the regular admissions pool to the first year class in 2013–14 Research Chairs. In 2013–14, the law school welcomed to its was 81.1%. faculty Dean Nathalie Des Rosiers, and announced the appointments of Professors Yan Campagnolo, Colleen Flood, John Packer, Our students go on to a variety of careers. Data from Fall 2013 Michael Pal and Amy Salyzyn. on the prior year’s graduating class suggests that more than two-thirds pursued articling opportunities in private practice or An administrative staff consisting of 38 full-time, regular employees, business while others work in government, with boards or 24 contractual full-time employees and 69 part-time employees, commissions or public interest bodies or in clerkships. In our support students and professors. Collectively, these staff members

2 The University of Ottawa Faculty of Law, Common Law Section commonlaw.uOttawa.ca 3 Who We Are

worked in the law school’s various centres of excellence; and international contexts, thereby enhancing the capacity organized the law school’s financing and secretariat services of future lawyers to pursue social justice goals, including the (under the supervision of Chief Administrative Officer Nicole protection of human rights. Desnoyers); conducted its academic programming and counseling services (under the leadership of Assistant Dean Many of our staff have been with the law school for decades – and Amanda Turnbull); and oversaw financial aid and professional Ginette Chatelain and Fran Russo both celebrated their 25th and development and managed a number of special programs 30th years respectively with the University of Ottawa. In this (under the guidance of Assistant Dean Stacy Keehn). The latter report, we wish to acknowledge the contributions of the many projects included: staff members who took on extra duties and worked long hours to make the law school function. • The Academic Success Program, an equity-based tutorial program that provides access to a just and fair law school All of these activities take place in and around Fauteux Hall, a experience for students who come from equity seeking building containing 2,739 usable square meters located on the groups and who may face particular challenges when main campus of the University of Ottawa. Fauteux Hall houses adjusting to the demands of legal academic studies. the Brian Dickson Law Library, a component of the University of Ottawa Library. With a staff of twelve full-time employees • The Peer Advisor Program, matching first-year students with acting under the leadership of Director Margo Jeske, the library upper-year students for the purpose of providing peer support holds more than 216,000 volumes, enhanced by online access during the first year of law school. to several specialized legal databases, as well as a virtual law • Career and Professional Development, supporting all law students library. Fauteux Hall and its accompanying buildings are also in their professional development and job search. home to eight “centres of excellence”: the Canadian Internet Policy and Public Interest Clinic (CIPPIC), the Centre for Law, • Legal Links and Bridges Mentoring Program and Women’s Legal Technology and Society (CLTS), the Secretariat of the IUCN Mentorship Program, providing the opportunity for students Academy of Environmental Law (IUCN), the Ecojustice Environ­ to be matched with mentors from the local legal community. mental Law Clinic, the Human Rights Research and Education Centre (HRREC), the University of Ottawa Community Legal • Public Interest and Social Justice Fellowships, assisting students Clinic and the CGA Ontario Tax & International Business in gaining exposure to social justice advocacy in both domestic Research Centre.

4 The University of Ottawa Faculty of Law, Common Law Section commonlaw.uOttawa.ca In 2013, the law school inaugurated the Ian G. Scott Courtroom, Elizabeth II Diamond Jubilee Medal. The Canadian Bar Association a functioning court used by the Ontario Court of Appeal, the awarded Professor Elizabeth Sheehy the 2013 Ramon John Hnatyshyn Superior Court of Ontario and the of Canada. Award for Law. The CBA also awarded Professor Amy Salyzyn a Housed in the recently acquired Brooks Building, the courtroom 2013–14 OBA Foundation Chief Justice of Ontario Fellowship includes a classroom observatory for use by students and their in Legal Ethics and Professionalism Research. Professor François professors. During the first official use of the Faculty of Law’s Larocque won the 2014 Ontario Bar Association Award for new courtroom by the Federal Court, Professor Jamie Liew hosted Excellence in International Law. The Canadian Association of a workshop with 20 students in the courtroom’s adjoining Black Lawyers honoured Professor Joanne St. Lewis with the classroom to watch the judicial review and discuss the case “Trailblazer” Award. Professor Ellen Zweibel won the Desire2Learn after the hearing. Innovation Award in Teaching and Learning, awarded at the 2013 Society for Teaching and Learning in Higher Education Also in 2013, the law school opened 600 King Edward Avenue, (STLHE) annual conference and again at the 2013 Fusion a sizeable building that abuts Fauteux Hall, and is dedicated Conference (Boston). The Lambda Foundation renamed its exclusively to student space. award at the University of Ottawa the Nicole LaViolette Friends of Lambda Prize, in recognition of Professor Nicole LaViolette.

Awards and Honours Canadian Lawyer named Professors Michael Geist and Joseph Magnet among Canada’s 25 Most Influential Lawyers. Ottawa In 2013–14, a number of institutions recognized our professors Life Magazine named Professor Elizabeth Sanderson, Common for their teaching and research excellence and contributions to Law’s Public-Servant-in-Residence, one of the “Top 25 People the profession. The Governor General invested Dean Nathalie in the Capital 2013.” Des Rosiers in the Order of Canada. He also awarded Professor Constance Backhouse the 2013 Person’s Award in commemoration Professor Teresa Scassa won the Walter Owen Book prize for her of the Person’s Day case. Lexpert honoured Dean Des Rosiers with co-authored book (with Michael Deturbide) on Electronic Commerce a 2013 Lexpert Zenith Award, celebrating women leaders of the and Internet Law (CCH 2012). The Hill Times named Professor legal profession. The Dean also received the Solidarity Award, Adam Dodek’s book, The Canadian Constitution (Dundurn) and given by the National Union of Public and General Employees Professor Michael Geist’s book, The Copyright Pentalogy on the and recognizing an advocate “who has been working on issues list of the Best 100 Books in Politics, Public Policy and History of importance to our union and our members.” in 2013.

The Governing Body of St Catherine’s College, Oxford, elected In April 2014, Professor Craig Forcese received two teaching Professor Peter Oliver to a Christensen Fellowship for Hilary Term awards: the Association of Professors of the University of 2015. This fellowship is “awarded to distinguished academic Ottawa Excellence in Teaching Award and a University of visitors who are members of their national academy – equivalent Ottawa Excellence in Education Prize. to the Royal Society and the British Academy in the UK – or likely to attain that standard if at an earlier stage in their The University formally recognized Professors Constance Backhouse, academic career.” Nathalie Des Rosiers, Michael Geist, Vanessa MacDonnell, Joseph Magnet, Errol Mendes, Elizabeth Sanderson, Elizabeth Sheehy, Harvard Law School awarded Professor Errol Mendes a Visiting Joanne St. Lewis, and Ellen Zweibel at its 2013 Reception in Fellowship to continue research on a book published in 2014 under Celebration of Excellence in Research and Education. the title Global Governance, Human Rights and International Law. The Fellowship also included presenting lectures on the subject of the book at the law school and other centres at Activities at Law School Centres Harvard. Professor Vanessa MacDonnell conducted research on the executive’s role in implementing constitutional rights as a The Human Rights Research and Education Centre is a multi- fellow at the Max Planck Institute for Comparative Public Law disciplinary centre of excellence located on the top floor of and International Law. Professor Debra Steger was a Visiting Fauteux Hall, providing facilities for a group of researchers Scholar at the Centre for Trade and Economic Integration, and initiatives on human rights. In autumn 2013, the HRREC Graduate Institute of International Law and Development welcomed its second Gordon F. Henderson Post-Doctoral Fellow, Studies, Geneva. Dr. Arelí Valencia, whose research focuses on the context of extractive activities and its strategic role in the current politics The Law Society of Upper Canada recognized long-time part-time of economic development in Peru and Ecuador. The Centre Professor Kim Pate with an Honorary Doctorate (LLD). The also hosted visual artist Professor Richard Lubben from South Lieutenant Governor of Ontario awarded adjunct Professor Penny Texas College as a visiting Fulbright Chair in Human Rights Collenette the Order of Ontario. Professor Joseph Magnet and and Social Justice. This coincided with and catalyzed a series Adjunct Professor John Mark Keyes each received the Queen of events including an art exhibit and related conference

5 Who We Are

entitled “Respect, Equality, Dignity,” the launch of the inaugural Hackathon, and co-organized with the eGirls project the University of Ottawa Human Rights Film Festival in partnership eGirls-eCitizens conference. with the Canadian Film Institute, and an inter-active art exhibition by Drew Ann Wake about the Mackenzie Valley Pipeline Inquiry The CLTS also ran another successful 1L internship program. (aka the Berger Enquiry, 1974–77). The HRREC has also developed The First-Year Intern Program was developed to provide University an active area focus on human rights in Latin America, and in of Ottawa law students with financial assistance to cultivate March 2014 hosted a major trilingual conference on “Current mentoring relationships and to offer an early opportunity to Views on the Rule of Law, Transitional and Alternative Justice work with faculty from the Centre for Law, Technology and in Latin America: Shared Experiences.” The HRREC held two Society on current initiatives. 30 law students were hired in book launches: one for Professor Ravi Malhotra’s monograph 2013–2014. Exploring Disability Identity and Disability Rights through Narratives: Finding A Voice of Their Own, co-authored with The Canadian Internet Policy and Public Interest Clinic (CIPPIC) had Morgan Rowe (Routledge 2013); and the other for Professor another hugely successful year. CIPPIC undertook cutting-edge Penelope Simons’ monograph, The Governance Gap: Extractive research and advocacy involving issues arising from the use of Industries, Human Rights and the Home State Advantage, new technologies, contributed to policy and law reform from a co-authored with Audrey Macklin (Routledge 2014). Professor public interest perspective, and furthered public education on John Packer took up his responsibilities as the new Director in important emerging issues. February 2014 together with the newly appointed Assistant Director, Viviana Fernandez. It intervened in a number of court cases, including the Voltage v Doe (2014 FC 161), a case about the intersection of privacy Under the co-directorship of Professors Jamie Benidickson and and copyright. Much of CIPPIC’s arguments were adopted in Yves Le Bouthillier, the IUCN Academy of Environmental Law the judgment, ensuring that the test for disclosing identities increased its membership to 180 law schools in nearly 60 associated with anonymous internet activity remain sufficiently countries. Housed at the law school, the Academy was involved robust to protect high-value speech, and also ensuring that in numerous meetings and workshops, including the annual copyright trolls do not set up shop in Canada. conference at Waikato, New Zealand, where former colleague Brad Morse is completing his term as Dean. Students are actively involved in CIPPIC’s work: during the summer of 2013, CIPPIC ran a summer Internship Program The Centre for Law, Technology and Society (CLTS) a centre for which hired six outstanding law students; and during the 2013–14 research, student training and knowledge dissemination, brings academic year, many students took the clinic course. Each of together independent scholars interested in a wide variety of these students were offered an unequalled opportunity to learn subjects relating to law and technology in its broadest sense and how to be effective researchers, policy analysts, and advocates. from multiple perspectives. In 2013–14, the CLTS held an exciting lunchtime speaker series, including Dr. Nagla Rizk (The American The Ecojustice Environmental Law Clinic, Canada’s first interdis­ University in Cairo) who spoke about “ICTs for Development: ciplinary public interest environmental law clinic, enjoyed its Regulatory Frameworks and Enabling Environments”; Alex Smith 7th year of operation, under the directorship of Will Amos. A (Torys LLP), whose talk was entitled, “Anonymity in Our Age of partnership between Ecojustice, Canada’s leading environmental Internet Defamation”; and Dr. Jacquelyn Burkell (University of law charity, and the Common Law Section, the clinic provides Western Ontario), who spoke about “Social Media and Personal legal services to community groups and citizens who seek to Privacy: Towards a Typology of Privacy Orientations.” The CLTS protect the environment. Each semester, 15 students earned also held a panel on Canadian privacy and surveillance entitled course credits as they assist Ecojustice lawyers and scientists “Who Is Watching the Watchers?” featuring University of Ottawa in providing strategic advice and free legal counsel to groups faculty members Michael Geist, Craig Forcese, Ian Kerr, Valerie across the country. In this setting, practical education makes a Steeves and Wesley Wark. genuine impact on the environment, as students hold governments and other organizations accountable to environmental laws. In The CLTS held two book launches, for books edited by its members, 2013–14, Clinic students worked on issues ranging from genetically one for The Copyright Pentalogy: How the Supreme Court of modified salmon, Arctic offshore drilling, Gatineau Park protection, Canada Shook the Foundations of Canadian Copyright Law bees and neonicotinoids, and groundwater protection. (Michael Geist ed), and a second for Intellectual Property for the 21st Century: Interdisciplinary Approaches (B. Courtney Doagoo, Additionally, with the support of the Community Foundation of Mistrale Goudreau, Madelaine Saginur and Teresa Scassa, eds). Ottawa and the Canyon Foundation Fund, the Clinic worked The Centre’s annual Deirdre G. Martin Memorial Lecture on with law students to maintain the unique Environmental Hansard Privacy Law was given by Dr. Ronald Deibert and was entitled website (www.envirohansard.ca). The Environmental Hansard “After Snowden: The Prospects for Internet Freedom.” The CLTS is an easy-to-use, non-partisan collection of all House of also co-organized with CanLII (the Canadian Legal Information Commons discussions and debates about Canada’s environ­ Institute) a “Law, Government and Open Data” Conference and ment. Its purpose is to make Parliamentary debate accessible

6 The University of Ottawa Faculty of Law, Common Law Section commonlaw.uOttawa.ca and transparent to the Canadian public, researchers and schools and sexual assault centers. Topics include human environmental community. rights, employment law, housing, criminal law and consumer law. In 2013, the Clinic delivered over 100 presentations. The University of Ottawa Community Legal Clinic is partially funded by Legal Aid Ontario and as such, represents low income Besides the collaboration with community agencies, the Clinic individuals in Ottawa. The majority of the clients have mental has partnerships with other legal aid service providers in Ottawa. or physical disabilities and many do not speak French or English. Students receive training from the Clinic and provide client The Clinic also represents women who are victims of domestic services at four Ottawa community clinics and various legal aid violence, sexual assaults and/or historical abuse. Students offices. These partnerships provide students with the opportunity receive training on interviewing, oral advocacy, file management, to work in immigration and refugee law, disability law and the Rules of Professional Conduct, legal drafting and substantive family law. law. Given the clientele, students also receive training on mental health, domestic violence and self-care. As well, issues such as homelessness and mental health are integrated into the traditional lawyering-skills sessions.

Under the supervision of the staff lawyers, students represent clients, from initial interview to the trial or resolution of the case. The Clinic represents clients in criminal matters, housing issues and applications at the Criminal Injuries Compensation Board. As well, the Clinic delivers public legal education to many community partners such as shelters for the homeless, second language

7 8 The University of Ottawa Faculty of Law, Common Law Section commonlaw.uOttawa.ca What We Do In the Classroom

 Provide Opportunity…

In 2013–14, our students pursued studies in seven different JD degree programs and two different graduate degrees. Among other things, we are unique in that we offer the common law JD program in English and French. We also offer joint JD programs with two US law schools, and joint JD/graduate degrees in international affairs and business administration. Students with national ambitions can pursue a National Program, allowing them to earn a Civil Law degree (or, for students who have completed a Civil Law degree, to study for a JD). Others enroll in a fused Civil and Common Law “programme du droit canadien.”

Our graduate program, meanwhile, offered doctoral and LLM programs. LLM specializations were offered in global sustainability and environmental law, international trade and foreign investment, international humanitarian and security law, law and social justice, law and technology and notary law.

In the General and the Specialized…

In 2013–14, we offered 212 classroom-based courses in English (including multiple sections of the same course), in subject matter areas that included advocacy and lawyering skills, business and private law, dispute resolution and professionalism, environmental law, criminal law and evidence, family law, health law, international law, law and technology, public law, social justice law, and tax law. On top of this, students enrolled in 17 competitive moots, 41 school-sponsored internships, 39 school-organized directed research projects, and 9 law clinic courses.

In French, we offered 64 courses (including multiple sections of the same course), three competitive moots, 21 school-organized directed research projects, and six clinical courses.

In total, we offered 421 for-credit opportunities to our students – a total of 9,778 “seats.” On top of this, students conducted a total of 304 internships in 2013–14 that they themselves initiated with organizations, institutions and firms.

Put another way, students chose from a staggering array of different subject matters and learning opportunities.

9 What We Do In the Classroom

More that this, our law school has designated areas of academic as research partners for the work undertaken by Sustainable specialty in Public Law, International Law, Law and Technology, Prosperity. Environmental law students have been involved in a Aboriginal Law, Environmental Law, Social Justice, Dispute range of research projects led by Sustainable Prosperity, focusing Resolution and Professionalism. on the intersection between law, policy and economics. Several significant events took place over the year including conferences on biodiversity offsets and on endangered species. With New Approaches to Legal Pedagogy Graduate students in law hosted a mid-Winter forum on “Law In 2013–14, 168 of our courses were evaluated, in whole or in and our Diverse Nature(s)” while the Canadian Association of part, by exams administered during the regular examination Environmental Law societies, a national network established at periods. The balance incorporated evaluation of students on the University of Ottawa, brought students from across Canada the strength of term papers, essays and other written work, together with academic faculty and professionals for a second oral advocacy exercises and a wide variety of other exercises national conference. The “Making Waves” conference focused on and projects. Likewise, many exam courses included forms of water law and public participation in environmental decision evaluation above and beyond examination. Our law school is making. Gord Miller, the Environmental Commissioner of Ontario, invested in new and innovative means of educating tomorrow’s delivered the opening keynote. lawyers and policy makers. In 2013–14, Professors Debra Steger, Yves Le Bouthillier and new In data released in 2013–14, our professors earned strong teaching Civil Law Section Dean Céline Lévesque chaired the International evaluations from their students, with 86.6% of students on Law Group, with support provided by the Group’s part-time average ranking their professors in the two best categories in the coordinator, Barbara Wallace. The International Law Speaker three questions that are used to assess teaching performance series was a major success. Speakers included the former on the University’s standard teaching evaluation form. Vice-President of the International Court of Justice and the former Prime Minister of Jordan, Awn Al-Khasawneh; Furthermore, at a faculty retreat in April 2013, law school Adama Dieng, Special Adviser to the UN Secretary-General on professors discussed active and experiential learning and the Prevention of Genocide; Professor Joanna Harrington from innovation in legal pedagogy. Faculty members shared their the University of Alberta; and a number of uOttawa colleagues. experiences in the classrooms and compared notes on new Professors Tony VanDuzer, Penelope Simons and Graham Mayeda forms of instruction and new tools and technology for teaching. launched their new book, Integrating Sustainable Development into International Investment Agreements: A Guide for Developing What follows is a small sampling of things our students then did Country Negotiators at the Annual Hyman Soloway Lecture in in their classes in 2013–14, building on new courses or initiatives: October 2013. With the CCIL conference in Ottawa in November, other distinguished speakers came to speak to students enriching our international law experience. Faculty Interest Groups In September 2013, uOttawa became an Academic Partner of In addition to offering course options, the law school organizes the American Society of International Law (ASIL), a small group itself in part around clusters of research and teaching interests of prestigious law schools known for their international law known as interest “groups.” prowess. Two socials were held, in the fall and winter terms, that brought together international law private lawyers, government Faculty and students in Environmental Law Group participated counsel, diplomats, students and professors. Both events were in a wide range of activity in 2013–14. The curriculum benefitted a success and in particular the March event drew excellent from the involvement of part-time Professor Stephen Hazell, who attendance from the downtown firms, government agencies brought his extensive practical experience to our introductory and embassies, as well as students. It was a true collaborative survey course in the fall, and from January Term IUCN Academy effort, sponsored by the International Commercial and visitors Klaus Bosselmann (International Environmental Governance) Trade Law Student Association (ICTLSA), the CCIL and the and Eve Truilhé-Morengo (Preuve juridique et preuve scientifique). ILG. The CCIL and the ILG plan to hold regular socials The Ecojustice Environmental Law Clinic, under the guidance twice a year to bring the international law community of Director Will Amos continued to provide valuable opportunities together in Ottawa. for student research and advocacy. The Clinic focuses on experiential learning, providing students with opportunities to In 2013–14, the Social Justice Caucus with Professors Suzanne deal with real clients and address some of the most pressing Bouclin and David Wiseman organized the 3rd annual Social environmental issues in Canada today. Justice Career Roundtables as part of the Faculty’s Careers Fair. The Roundtables combine small groups of students with a Environmental law faculty also contribute expertise to the diverse array of social justice and public interest practitioners University’s Institute of the Environment, both in teaching and for discussion of career options and pathways. The SJC also

10 The University of Ottawa Faculty of Law, Common Law Section commonlaw.uOttawa.ca organized another successful edition of the annual Social Justice lawyer Selwyn Pieters, and an inspiring talk by Leila Banijamli Soccer Cup and was an organizing partner and fund-raising (JD 2004), “Why Entrepreneurial Thinking is for Everyone.” beneficiary of the annual ‘Law Folks Telling Jokes’ Comedy Night. The Social Justice Committee sponsored faculty and guest The Aboriginal Law Group was also very active. Professor Larry speakers on a range of issues throughout the year, including Chartrand helped organize two formal internships with the Professor Jamie Liew on gender and refugee protection, and a Specific Claims Tribunal and with the Odawa Aboriginal discussion on “Recent Developments and New Initiatives on Justice Diversion Program. Additionally, an internship with Access to Justice in Family and Civil Matters” with a panel the Algonquins on Ontario Consultancy Office is now pending. comprised of Patricia Hughes (Executive Director of the Law Commission of Ontario), John Sims (Chair of the Canadian Bar A particular highlight in Aboriginal law was the lecture by Justice Association committee on Access to Justice) and Natalie Drolet Harry Laforme of the Court of Appeal for Ontario in February, (Lawyer, Connecting Ottawa). which resulted in continued discussion both outside and inside the university, eventually leading to a nationally televised news In July 2013 Professor Elizabeth Sheehy was named the Shirley segment with Professor Chartrand and two students from his Greenberg Chair for Women and the Legal Profession for a two-year class being interviewed on In Focus (APTN news). appointment. The Greenberg lectures series hosted talks by Dean Nathalie Des Rosiers and Professor Vanessa Gruben; Fiona The Public Law Group had another productive year. Following Sampson on her organization’s ground-breaking legal work in the great success of its inaugural “boot camp” for journalists in the “160 Girls” case; Professor Vrinda Narain from McGill Faculty February 2013, the group organized a second media-exclusive of Law on Quebec’s proposed Charter; Sharon McIvor on her event in October. Professors Angela Cameron, Adam Dodek, work as an Indigenous litigator and scholar on behalf of missing Vanessa MacDonnell, Carissima Mathen, Errol Mendes and and murdered Indigenous women; and a multi-participant Elizabeth Sheehy previewed upcoming Supreme Court hearings panel on Professor Sheehy’s new book, Defending Battered for a group of national journalists. The Group also hosted a Women on Trial. The Greenberg Chair has also supported panel discussion on the Senate Reference, moderated by many other initiatives at the faculty, including the Women’s Dean Nathalie Des Rosiers, that included former Civil Law Dean Legal Mentorship Program, a racial profiling panel organized Sébastien Grammond, Adam Dodek, Carissima Mathen and by the Black Law Students Association featuring Toronto Elizabeth Sanderson. Professors Peter Oliver, Carissima Mathen,

11 What We Do In the Classroom

Vanessa MacDonnell and Angela Cameron organized the Public Law reviewing and analyzing the provisions of dozens of international Group’s annual conference “Emerging Issues in Public Law” In investment treaties as part of a global treaty-mapping project for May 2013, focusing on Aboriginal Peoples and the Law, and the United Nations Centre for Trade and Development (UNCTAD). Energy and the Environment, and featuring keynote speaker Dr. Cindy Blackstock. May 2014 witnessed an equally successful Professor Ian Kerr replaced traditional evaluation requirements “Emerging Issues” event featuring Prof. Jennifer Nedelsky, and with a thought-provoking series of blogging and podcasting focusing on stare decisis, and fundamental freedoms. assignments in his forward-looking seminar, The Law of Robotics. In the spirit of “learning through doing” students made their thinking available to the entire world and garnered some Students Continued to Learn through Doing in international attention as they examined the ethical and legal New Initiatives… significance of robots in the workplace, the battlefield, the market and at home.

Professor Debra Steger partnered with TradeLab, which advises developing countries, NGOs, international organizations and At the end of 2013–14, Professor Michael Marin launched the small businesses, adding capacity in poorer countries that lack Business Law Clinic (BLC). This will be the first bilingual and specialized expertise in these fields. Professor Steger created a bijuridical clinic of its kind in Ontario. The BLC will focus on new International Trade and Investment Law Practicum in the following areas of law: corporate/commercial, intellectual support of TradeLab. Students worked in small groups on property, basic tax, employment, charity/non-profit, and specific legal questions related to trade and investment law arbitration. The BLC’s clients will include entrepreneurs, coming from real clients, such as governments, NGOs, start-ups, small businesses, non-profit organizations, and international organizations and business organizations. cooperatives that cannot afford a lawyer.

integrated the practice of two lawyers In a similar vein, Professor Tony VanDuzer and incoming Civil Professor Errol Mendes from Labarge Weinstein, James Smith and Michael Sami, into Law Dean Céline Lévesque supervised four graduate students

12 The University of Ottawa Faculty of Law, Common Law Section commonlaw.uOttawa.ca his Business Organization course. They offered insights into also from some of Canada’s most renowned lawyers and how business law is practiced in the small- and medium-sized judges working in the field. Regular teaching sessions held in business worlds, especially in the high-tech sector. the Ian G. Scott Courtroom contributed to major successes for both teams. uOttawa’s Harold G. Fox moot team won 4 of 5 Also in 2013–14, students under the supervision of Professor possible awards, including first place team overall, best appellant’s David Wiseman worked on the Housing Justice Project, a factum, best oral advocate, and best second-year student. The partnership between the law school and Ottawa ACORN, a Oxford International moot team went undefeated into the membership-based community organization of people living on semi-finals, and took home the prize for the competition’s best low-income. Through the Housing Justice Project, volunteer law written submissions. students assisted low-income tenants with rental housing problems other than eviction. The law students were involved at a number Professor Martha Jackman introduced a new bilingual Feminist of stages of problem-solving. The Housing Justice Project has Law Reform seminar, co-taught by Common Law alumna, provided assistance to over 100 tenants, many of whom have Julie Shugarman (’08), and designed to provide an opportunity been successful in obtaining repair and rent abatement orders. for students to develop the knowledge and skills necessary for effective law reform efforts at the federal level. Guests included journalists, political insiders, feminist lawyers and activists from By Blending Doctrine with Skill Acquisition… national women’s organizations. Students attended Question Period in the House of Commons and met with feminist MPs; Professor Vanessa MacDonnell abandoned a final examination as wrote an op-ed under the tutelage of Informed Opinion’s Shari the principal tool of evaluation in her Evidence course, instead Graydon; and provided assistance to NGOs on ongoing law integrating a moot into the class. Her approach emphasized how reform projects. The online materials and pod casts from the the law of evidence operates in a real-world setting. Students course will be posted on the National Association of Women prepared facta and made oral submissions on the admissibility and the Law web-site, to make them widely available and to of two pieces of evidence as their final evaluation. The Legal encourage similar initiatives in other law schools across Canada. Writing Academy provided writing training, as did an experienced criminal lawyer. Professor Jena McGill emphasized collaboration in her Sexuality, Gender & the Law seminar. There, students working in groups Professor Gabrielle St-Hilaire offered a litigation-oriented tax law assumed responsibility for developing and facilitating a full course, designed to develop legal writing and advocacy skills. 3-hour class session on one of the topics covered. Students Students reviewed a file containing components of a typical were responsible for choosing readings, assigning discussion tax dispute. They prepared pleadings, and then argued the case questions, engaging the class and delivering the legal content before a guest judge. The course appealed particularly to students in an effective manner. hoping to do articles at the Canadian Tax Court. In fact, at least ten students have obtained clerkship positions at the Canadian Professor Daphne Gilbert worked with a local lawyer from the Tax Court over the life of this course, including one in 2014. Criminal Defence Bar, involving her first year Criminal Law students in a bail hearing case. Students relied on a complete Professor Constance Backhouse offered “a new twist on mentoring” transcript of the initial hearing to prepare appeal documents. in her legal history seminar. There, students were required to conduct an oral history interview with a lawyer or judge, and Professor Larry Chartrand explored different learning strategies then write a biographical essay about their lives. Students in his Aboriginal Legal Traditions class. Here, he used Indigenous picked a remarkable range of subjects, from faculty members methodology such as the talking circle according to traditional to retired Supreme Court judges; prisoners’ rights advocates to Indigenous protocols. In addition, students were evaluated lawyers with disabilities; young lawyers just setting up their according to how well they could animate an issue within own practices to Nobel Peace Prize winning lawyers on the group projects that are interactive and multi-media oriented. international stage. The essays were fascinating, and revealed just how much learning can be had from asking others about Professor Craig Forcese included training in two new skills in their lives and career tracks. his national security course: testimony before parliamentary committees and op-ed writing. Students dedicated class time to Professor Jeremy de Beer launched the Intellectual Property discussing effective op-ed writing and prepared simulated op-eds Advocacy Practicum, an innovative experiential learning on topics in national security law. They also listened to a podcast opportunity that gave a group of students access to some of interview with an experienced lawyer on parliamentary brief the best litigation training in the country. The course centred writing, discussed techniques and tactics associated with on two competitive intellectual property law moots that took parliamentary appearances and then prepared a simulated place in Toronto, Ontario and Oxford, England. Students parliamentary brief and participated in six mock parliamentary received practical experience and in-depth advice, not only hearings, with panels of students presenting their briefs while from their professor and other uOttawa faculty members, but their peers role-played parliamentarians. Professor Forcese

13 What We Do In the Classroom

Part-time Professor Lorne Waldman launched a public interest litigation practicum project, pairing upper-year students with “ripe” litigation projects (often in the immigration and refugee area) raising public interest issues.

Across Disciplines…

Professor Chidi Oguamanam’s students in Food Security and Sustainability engaged in simulated group panel discussions on cutting-edge law and policy issues at the intersection of Food Security and Sustainability. Students were assigned specific subject areas and charged to represent the interests of specific stakeholder organizations, including corporations, regional bodies, indigenous communities, etc. Panel discussions were conducted in lieu of traditional paper presentations and were designed to develop both student research and advocacy skills. video recorded each of these presentations via iPad, and then narrated comments shared with each student online. Professor Jamie Benidickson began work with international colleagues on a generic curriculum dealing with environmentally protected areas law, to be made available on-line in 2015. With On Subjects Ripped from the Headlines… Scott Findlay of the Department of Biology, he introduced a new course on Science and Law aimed at the needs of Students in Professor Adam Dodek’s Supreme Court Seminar undergraduate BSc students. studied the operation of the Supreme Court and the controversy over the appointment of Justice Marc Nadon in real time. They Professor Vanessa Gruben’s Access to Health Care introduced attended the Supreme Court five times over the course of the students to an interdisciplinary approach to problem solving. semester: for a briefing by General Counsel Barbara Kincaid on Drawing on readings from various legal and non-legal sources the leave to appeal process; by Executive Legal Officer Owen Rees as well as guest speakers (e.g. health care professionals, patient for a media briefing; for a private meeting with Justice Rosalie advocates), she promoted critical thinking among students. Silverman Abella; to watch the Senate Reference being argued; Students were asked to write a critical comment and present and to watch another hearing in October 2013. Additionally, their work on one of the topics in the syllabus. At that time, students heard from Supreme Court litigator Guy Pratte and the comment was circulated to the class so that students could from former law clerks of the . reflect on the readings and comment and prepare questions for the presenter. In addition to responding to the student questions, presenters were asked to prepare discussion questions and In Order to Change the World… problem-based learning exercises for the class.

Professor Rakhi Ruparelia’s social justice students worked in small Mind-Brain-Law was Professor Jennifer Chandler’s bi-monthly groups to create a social justice project using community- “extra-curricular” journal club for a small group of students organizing principles learned in class. The objective was to who had a deep interest in the legal and ethical issues raised give students an opportunity to practice social justice work by by our evolving understanding of the brain and the mind. This identifying a discrete issue and strategizing how to address it in understanding­ is central to important legal concepts such as collaboration with affected community members. The approach capacity and responsibility. It is also at the heart of the focused on developing students’ critical thinking skills and vulnerability and discrimination felt by many within our capacities for working responsibly with marginalized communities. community. The club was enriched by interdisciplinary At the end of the term, each group presented their project to participation by law students as well as students from other the class and received feedback from their classmates. Faculties at the University of Ottawa.

14 The University of Ottawa Faculty of Law, Common Law Section commonlaw.uOttawa.ca And Across Borders… Professor Daphne Gilbert taught a week-long course on “Equality” as part of the Felipe Tena Ramírez Seminar on Comparative Professor Michael Geist (uOttawa) and Professor Tal Zarsky Constitutional Law. This yearly six-week seminar in Mexico (University of Haifa) taught the first Ottawa-Haifa Global City features scholars from around the world and included Technology Law course in May 2013. Comprising ten classes and lectures at Escuela Libre de Derecho and the Legal participants from each school, students each received CDN$2,500 Research Institute of the Universidad Nacional Autónoma de from the Gerald Schwartz and Heather Reisman Foundation to México (UNAM) and ITAM Law School. defray travel and accommodation costs. The course provided an exceptional comparative law experience with the chance to Professor Bruce Feldthusen taught a one-week Advanced Torts experience the similarities and differences between Canada course at the University of Puerto Rico in December, 2013. and Israel.

The Canadian classes included guest lectures from the Chair Mooting Excellence of the Governmental Advisory Committee at ICANN (the government representative body for Internet governance), the Professor Anthony Daimsis continued his successful leadership CEO of the Canadian Internet Registration Authority, the Chair of the law school’s competitive mooting program in the company of the American Registry of Internet Numbers, Assistant Privacy of a large team of coaches that included Robert Brookfield, Commissioner of Canada Chantal Bernier, Google Policy Counsel Jeremy de Beer, Larry Chartrand, Vanessa Gruben, Jackie Jacob Glick, and Professor Ian Kerr. There were several extra- Huston, Celine Levesque, Anne London-Weinstein, Marc curricular activities including a visit to the Supreme Court of MacLaren-Caux, Daniel Poulin, Michael Purcell, John Siewic, Canada featuring an emotional meeting with Justice Rosalie Heather Squires, Anthony VanDuzer and P.M. Vasudev. Abella, a visit to the Parliament of Canada, and an evening watching the Stanley Cup playoffs from a popular venue in the Among this year’s mooting competition results were the following: Byward market. Common Law students Sarah Sullivan and Reem Zaia finished in first place at the National Trial Advocacy Competition to win The Israeli segment of the course was just as strong as the one the coveted Sopinka Cup, Canada’s most prestigious trial advocacy in Canada – good classes, some interesting speakers, and a mooting prize. Sarah Sullivan received an individual award for fantastic cultural exchange. While in Israel, students met with Best Direct Examination and Reem Zaia took home the award the legal head of the Israeli privacy office and the Israeli director for Best Overall Advocate. Tanner Oscapella and Chris Kreutzner of intellectual property within the Ministry of Justice. were victorious at the American Bar Association Regional Negotiation Competition at the New England School of Law in Boston. Nathaniel Piche and Laurel Hogg won The Harold G. Fox Cup in the Harold G. Fox Intellectual Property Moot, while Laurel was also recognized with the Donald F. Sim Award as the best Right: Students take oral advocate at the competition. Giantommaso Colaneri and part in a Legal Writing Veronica Tsou won the Gordon F. Henderson Award for the best Academy workshop written submissions by an appellant team. Along with that prize, Below: Students at Laurel also won the Dimock Stratton LLP award for the best the University of Haifa second-year student. Lisa Danay, Megan Martins, and Laura Morrison won first prize at the Oxford International Intellectual Property Moot Competition for best written submissions, and the team reached the semi-finals for the third straight year, going undefeated through all preliminary rounds and the quarterfinals.Alessandra Toteda, Patrick Connors, Sam Pack and Chris Kreutzner finished second overall in the Canadian Qualifying Round of the 2014 Philip C. Jessup International Law Moot Court Competition, advancing to the World Championship Round in Washington, D.C. in April and finishing in the top 8 in the world. There, Sam Pack won the World’s Best Respondent Team Speaker award, Alessandra Toteda was the World’s 9th Best Speaker and the team earned the World’s fourth best combined written submission. Suzie Bouchard, Alexandra Diebel, Jessica Smith and Melissa VanderHouwen took home three awards at the 2014 Laskin Moot, earning recognition in the individual and pair oralist categories, and ranking as the third best team overall. Melodi Alopaeus, Vanja Ginic, Mark Strychar-Bodnar, and Rishi Dhir

15 What We Do In the Classroom

were the top ranked Canadian team at the 2014 Willem C Vis Hearing before the Honourable Louise Charron and Justices International Commercial Arbitration Moot, earning an Giovanna Toscano Roccamo and James McNamara of the Ontario Honourable Mention in the Respondent’s Written Submission Superior Court of Justice. The arguments by all finalists were category. Philip Holdsworth, Elena Ponte and Erin VanderVeer, and excellent. Mr. John Nelligan, Q.C. and members of the Nelligan National Program student Sébastien Cusson finished in the top firm were present at the hearing and later presented the awards. eight out of 72 schools in the 2013 Foreign Direct Investment Kyle Morrow and Tracey Doyle won the John P. Nelligan Cup as International Arbitration Moot. Natasha Hyppolite, Sarah Mavula, the best two-person team in the moot competition. Tyler Raymond Aruba Mustafa, Randy Schliemann, and Kenji Tokawa participated won the Top Advocate Prize. Devan Schefter and Alex Dezan won the in the National Julius Alexander Isaac Diversity Moot 2013–14 best factum prize given by the County of Carleton Law Association. in Halifax, placing second in both the appellant and respondent categories. French Common Law student Alex Robineau won If past years are any indication, many participants from the the Beaulne-Sirois Prize for best oral presentation in the 2013 Nelligan Moot will go on to serve with distinction on our Ottawa-Moncton Annual Moot. upper-year competitive moot teams.

Common Law students also earned praise from coaches and In the French-language program, Professors Louise Bélanger- colleagues at the non-competitive Kawaskimhon Moot in Hardy, Marel Katsivela and Alain Roussy (with the collaboration of Aboriginal law. Yan Zawisza) organised the Gowlings First-Year French Common Law Program Moot, which took place in March 2014 at the In 2013–14, the law school’s competitive mooting program was Ottawa Court House. Thanks to the collaboration of ten French- honoured with a rare invitation to one of the most selective and speaking members of the Bar, the 80 participants distinguished moot competitions in the world at the American acquired skills in factum preparation and oral advocacy. law firm of Cravath, Swaine & Moore LLP, alongside teams from Harvard, Columbia, and the University of Vienna, among others. In addition to serving as coaches and practice judges for law school teams, our professors also made broader contributions to Meanwhile, in early November and after only 10 weeks in law the mooting community. The European Law Students’ Association school, 180 enthusiastic first-year students participated in the (ELSA) Moot Court Competition on WTO Law appointed Professor 7th annual Nelligan O’Brien Payne First-Year Moot Court Com­ Debra Steger as a Member of the Academic Board (the only Board petition under the direction of Prof. Stephen Blair and Ashley member from North America). She also helped to organize and Deathe from the Nelligan firm. A total of 49 preliminary and playoff participated as a judge in the All Americas Regional Round held round hearings were held. 73 volunteer judges drawn from the at American University, Washington College of Law in March 2014. Nelligan firm, local legal community, Common Law faculty members and upper-year students, judged these competitors. A few days Professor Anthony VanDuzer served as a judge in the Rick Weiler later, about 100 people gathered to watch the Championship Mediation Competition.

16 The University of Ottawa Faculty of Law, Common Law Section commonlaw.uOttawa.ca Opposite page: Charles Rousseau Moot (L–R): Olivier Nguyen, Prof. Yves Le Bouthillier, Geneviève Tremblay-Tardif, Marie-Pier Dupont, Gilbert Guillaume, Véronique Gingras-Gauthier and Jason Mercier. This page: 1 FDI Moot (L–R): Sébastien Cusson, Philip Holdsworth, Erin VanderVeer, Prof. 1 2 Anthony Daimsis, Elena Ponte and Prof. Céline Lévesque

2 Oxford IP Moot (L–R): Laura Morrison, the Honourable Colin Birss, Megan Martins and Lisa Danay

3 Harold Fox IP Moot (L–R): Giantommaso Colaneri, Veronica Tsou, Prof. Jeremy de Beer, Laurel Hogg, Nathaniel Piche and Michael Souweha.

4 Champions Sarah Sullivan and Reem Zaia pose with the Sopinka Cup 3 4

Breaking Up the Silos students report that their fellowship work arises in job interviews, allowing them to discuss their leadership skills in reinforcing During the academic year of 2013–14, the law school expanded legal research skills among first-year students. The students efforts to coordinate learning between and among courses. also speak to the largely self-directed and “true-to-life” research Two major projects were the Legal Writing Academy and the projects that they complete in the seminar portion of the Advocacy Bundle. program: these have included an assessment of the legality of drones in international law; Charter applications by prisoners Professors Ellen Zweibel, Adam Dodek, Virginia McRae and Shelley in federal corrections institutions; and interpreting the meaning Appleby-Ostroff spearheaded the Legal Writing Academy, inte­ and implications of MMPs in the Controlled Drugs and grating practical writing instruction throughout all three years Substances Act. of legal study. Experiential learning drives every component of the Academy. It uses real-life writing assignments, combined with Our Academy writing professors collaborated with other skills-based workshops, personalized and frequent feedback, professors to integrate an experiential writing unit into peer-mentoring, as well as presentations by practitioner-experts. upper-year courses. In 2013–14, over 300 students benefited It emphasizes student self-reflection, goal setting, and techniques from a two-class writing unit that teaches both substantive for life-long learning. Our students live the practical experience knowledge and writing skills. Students work on a practical of thinking like a lawyer, writing with purpose, writing to the problem and produce a legal memo, factum, government- audience, and writing precisely and concisely briefing note or policy brief. The unit included a session on self-editing techniques and a self-reflection to self-assess, In the very first days of law school, students wrote their first identify strengths, and set goals. legal memo to a Law Society bencher. Within days, every student received personal feedback on their writing that they The website www.pointfirstwriting.com is the Academy’s most then used to set personal writing goals for the year. Writing recent project. Legal Memos Made Easy is an online module, experts then led workshops on Reading Cases Like an Expert, designed for both law classes and self-learning. The module Writing for the Legal Reader, Predictive versus Persuasive uses text, audio, and video to tackle effective memo writing. Writing, and Editing Your Own Work. In January, the students Exercises engage the learners in memo writing skills. Future returned to their writing goals when they wrote a client modules will cover Editing Your Own Work, Point First Writing, advice letter. Factums, Opinion Letters and Policy Briefs.

The Legal Writing Academy Portfolio and Leaders and Professor Professor Stephen Blair organized the Advocacy Bundle, combining Melanie Mallet’s Dean’s Research and Writing Fellows are four separate upper year courses offered to a single group of specialized courses where students refine their own skills students. The courses were civil procedure, trial advocacy, and then become peer mentors to other students. Past evidence and appellate advocacy. Importantly, these courses

17 What We Do In the Classroom

are taught on an integrated basis. In this way, our students learned the substantive rules of evidence and civil procedure in a traditional class setting. They then immediately applied many of these rules in series of practical exercises designed to develop their oral advocacy skills under the watchful eyes of experienced counsel. Preparing for and doing an oral advocacy exercise then reinforced the student’s understanding of the substantive law topic. Student feedback from 2013–14 was positive. One student wrote: “The advocacy bundle was a well-balanced mix of evidence, procedure, and practical exercises. The classes complemented each other with interrelated assignments and teaching examples. This helped reinforce what I learned. It was a great experience, and I would recommend it to any student interested in advocacy.” Plans are now underway for year two.

18 The University of Ottawa Faculty of Law, Common Law Section commonlaw.uOttawa.ca 19 What We Do Outside the Classroom

We are a research-intensive law school, and our professors are as active outside the classroom as they are in it. Indeed, for many law professors the connection between the classroom and their research and public interest work and interests is a close one.

Our Research Attracts Financial Support from External Agencies and from the University

In sum total, the law school administered over $3 million in research grants in 2013–14, in addition to $360,000 funding from the Law Foundation of Ontario.

Here are some of the highlights from 2013–14:

• The Social Sciences and Humanities Research Council (SSHRC) awarded Professor Michael Geist the very prestigious SSHRC Connection Award, recognizing an outstanding SSHRC- funded initiative to facilitate the flow and exchange of research knowledge within and/or beyond the academic community. This prize is accompanied by a $50,000 research grant to further advance his SSHRC-funded project, The Future of Copyright Law in Canada: Reconciling Creator and User Rights. SSHRC also renewed Professor Geist’s Tier 1 Canada Research Chair in Internet and E-Commerce Law (valued at $1.4 million over 7 years).

• SSHRC, Genome Canada and three collaborating universities (uOttawa, and Simon Fraser) awarded Professor Jeremy de Beer (Principal Investigator) and a team of affiliated researchers a 5-year, $354,000 Insight Grant to support the project, Rethinking Intellectual Property Rights for Open Innovation. Professor de Beer was also the Co-convener of the 3rd Global Congress on Intellectual Property and the Public Interest in Cape Town, South Africa. The conference celebrated the research findings of Professor de Beer and his team’s 3-year, $ 2.75 million Open Africa Innovation Research project (Open AIR). It attracted over 300 participants from 50 countries, representing national government and inter-governmental agencies, private sector businesses, civil society organizations, and academic institutions.

• Professor Martha Jackman concluded her second SSHRC-funded Community-University Research Alliance Project: “Reconceiving Human Rights Practice.” Co-directed by Bruce Porter, the 5-year $1 million www.socialrightscura.ca project brought together academics and community activists from across Canada to promote innovative and strategic forms of social rights practice, in both international and domestic venues.

• Professor Tony VanDuzer joined an international team that received a $150,000 grant from the Canadian Institutes of Health Research to study the effects on health of the Trans-Pacific Partnership Agreement (TPP).

20 The University of Ottawa Faculty of Law, Common Law Section commonlaw.uOttawa.ca 21 What We Do Outside the Classroom

• Professors Teresa Scassa and Elizabeth Judge were part of And that Financial Support Benefits networked 5-year partnership grant awarded by SSHRC in our Students… 2013. The project – entitled GEOTHINK – focuses on Government-Citizen Interactions on the Geoweb. Students are active contributors to professors’ research activities. In 2013–14, there were 219 research assistant contracts, totaling • Professor Jennifer Chandler was part of a 5-year Canadian $662,912. In addition, the law school’s Graduate Studies office National Transplant Research Program, announced by CIHR awarded 31 research assistantship bursaries, totally $79,500. in 2013. This major initiative brings together over one hundred Law school professor research projects contributed another researchers from nine provinces. Professor Chandler will $129,117 to ten doctoral students and $42,750 to ten LLM serve as a Co-Leader of the Core group focusing on ethical, students. Professor grants also provided monies for 46 JD economic, legal and social issues raised by organ donation research related bursaries, totaling $96,970. and transplantation.

• Professors Jane Bailey and Valerie Steeves (Criminology) In addition to regular research assistantships funded by external received a Connections Grant of $24,739 from SSHRC to granting agencies, 14 Common Law students (from English and fund the eGirls, eCitizens: Girls’ Experiences of Gender, French Programs) participated in the Undergraduate Research Privacy and Equality Online conference. Also in 2013–14, Opportunity Program (UROP) a university-wide initiative which Professor Bailey headed Working Group 1 of the 7-year provides students with a unique opportunity to conduct research SSHRC funded research project Towards Cyberjustice on a topic of interest with a full-time professor of their choice. (that is exploring whether and how technology could be For instance, Alysha Pannu, a first-year Common Law student employed to improve access to justice). was granted the UROP for the fall session of 2013 and Mary Kapron, a second-year Common Law student, was granted the • Professor Joseph Magnet and part time Professor Tolga Yalkin UROP Library Award for the winter session of 2014. Successful received $25,000 in 2014 from SSHRC’s Connections Grant, applicants received a one-time $1,000 award to conduct 50 hours with additional funding from the Canadian International of research, while faculty sponsors received $500 in research Council, the Panel and the University, for “Governance and funds. This year, the result of the research projects was presented its Future in the Horn of Africa.” in poster form at the annual UROP Poster Symposium held in late March 2014 at the University of Ottawa. • Professors Jennifer Bond and David Wiseman received $20,000 from the Research Development Program for their work on access to justice and evidence issues arising in Canada’s newly reformed refugee system. We Publish…

• Professors Vanessa Gruben and Jennifer Chandler received a With external financial support or without it, our professors $5,000 grant from the Canadian Society of Transplantation for produced scholarship in significant quantities. A list of 2013–14 an interdisciplinary research project studying the experiences publications authored, co-authored or edited by law school of Canadian families with end-of-life decision-making and professors is found at the end of this report. donations after cardiac death.

• Professor Ravi Malhotra, with Dr. Benjamin Isitt, co-organized And We Contribute More Generally to a mini-conference in conjunction with the Canadian Law Academic Scholarship… and Society Association annual meeting, representing the culmination of years of SSHRC funded interdisciplinary Law professors also served as editors of law publications research on double amputee and radical intellectual E.T. in 2013–14. Kingsley (1856–1929).

• Professor Jena McGill received $5,000 from a Foundation for With financial support from the Faculty of Law and the Shirley Legal Research Grant for her work on “Reconciling Competing Greenberg Chair, the Canadian Journal of Women and the Law Human Rights Claims in Canada.” Professor Michelle Flaherty (CJWL) was relocated from the to our also received $5,000 from the Foundation for her work on faculty. Professor Rosemary Cairns Way served as English Language “The role of the Adjudicator: Making Justice Accessible for editor of the CJWL, a post inherited by Professor Natasha Bakht Self-Represented Litigants.” in 2014. Under Professor Cairns Way’s leadership, new junior editorship opportunities have been created for second- and • The Vice Dean, Research, awarded internal grants to Professors third-year law students. Jennifer Bond, Angela Cameron, Vanessa Gruben, Michelle Flaherty, Alain Roussy, Graham Mayeda, Marina Pavlovic, Rakhi Ruparelia, Professor Errol Mendes completed his 24th year as Editor-in- Elizabeth Sheehy, Penelope Simons, Joanne St. Lewis, and David Chief of the National Journal of Constitutional Law, Canada’s Wiseman to pursue research on topics related to access to justice. leading journal of constitutional law.

22 The University of Ottawa Faculty of Law, Common Law Section commonlaw.uOttawa.ca This past academic year marked the third year that Professor Professor Errol Mendes was re-appointed as a Commissioner on the John Currie has served as Editor-in-Chief of The Canadian Ontario Human Rights Commission last year and spearheaded Yearbook of International Law/L’ Annuaire canadien de droit a landmark Commission Policy on making the requirement of international. With Professor Nicole LaViolette acting as Assistant “Canadian Experience” in employment a rebuttable presumption to the Editors, the Yearbook published its 50th volume (2013), of discrimination. This has and will affect hundreds of thousands and also won the 2013 Hugh Lawford Award for Excellence in of immigrants in Ontario and has been applauded by immigrant Legal Publishing. communities across Ontario. Professor Michelle Flaherty, meanwhile, continued sitting as a member of the Ontario Human Rights Tribunal. But More than Write, We Act… Professor Denis Boivin was reappointed to the Ontario Financial We are also a public interest law school and most faculty Services Tribunal. Since 2005, he has been an active member members are involved in one or more public interest activities. of this administrative tribunal, chairing disciplinary hearings involving insurance and mortgage intermediaries. In 2014, Among things of note from 2013-14: his mandate was renewed for another five years by the provincial government.

We Serve on Commissions and Appear before Courts… Professors Louise Bélanger-Hardy, Vanessa Gruben and Gabrielle St-Hilaire sat on the Health Professions Appeal and Review Board and the Health Services Appeal and Review Board. Professor Pacifique Manirakiza was appointed to the Commission of Inquiry charged with investigating human rights violations Professor François Larocque represented Amnesty International committed during the armed conflict that erupted in South in the Kazemi case before the Supreme Court of Canada – a Sudan in mid-December 2013.

23 What We Do Outside the Classroom

matter contesting the Iranian government’s immunity from sustained in the past year by the United Nations Special liability in Canada for torture and murder of a Canadian Rapporteur on the situation of human rights in Eritrea and also photojournalist in Iran. He also acted for the Association sustained by the United Nations Human Rights Council. Second, canadienne-française de l’ Alberta in an intervention in R v he served as lead counsel for 240 Eritrean refugees who were Caron, before the Alberta Court of Appeal. detained on arrival in Yemen. 180 of these refugees have since been released and resettled in third countries. Professor Penelope Simons represented Amnesty International with Paul Champ in the Choc v Hudbay Minerals Inc. case Professor Martha Jackman represented the Charter Committee before the Ontario Superior Court of Justice, a case alleging on Poverty Issues, Justice for Girls and Pivot Legal Society the involvement of a Canadian mining company in gross before the Ontario Superior Court and the Ontario Court of human rights abuses in Guatemala. It is the first case brought Appeal in the ongoing Tanudjaja case, a Charter challenge to against a Canadian extractive company in Canadian courts to the Canadian and Ontario governments’ actions and inaction have moved beyond the pleadings stage to trial. on homelessness.

Professor Joseph Magnet was Lead Counsel for Canada (Parlia­ Professor Jennifer Bond supervised a group of students working mentary Budget Officer) in a Federal Court Reference that on Febles, a refugee case that was heard at the Supreme Court challenged the Government of Canada’s failure to provide of Canada in March 2014. the Parliamentary Budget Officer with information relating to the Government’s Budget. He was also Lead Counsel in two Professor Bruce Feldthusen is currently involved as a litigation aboriginal rights cases. In the first, he acted for the Congress consultant in Janet Merlo v AG Canada and Min of Justice of Aboriginal Peoples in Daniels et. al. v. Canada (A.G.) in the , BC Supreme Court, a class action based on . This case seeks to resolve the dispute systemic sexual harassment by the RCMP; Watkins v Apotex, between Canada and the Provinces about jurisdiction and Ontario Superior Court of Justice, a class action on behalf of responsibility for some 600,000 Non-Status Indians and Métis women who were prescribed defective birth control pills that peoples. The Royal Commission on Aboriginal Peoples may have resulted in unwanted pregnancies; and Papassay v described this issue as “the most basic current form of Ontario, Ontario Superior Court of Justice, a class action against governmental discrimination” against Aboriginal People. Two the Ontario government for failing to advise and assist Crown University of Ottawa law students assisted him with this appeal. Wards to obtain compensation under Criminal Injuries In the second case, he acted for First Nations in Land Claims Compensation legislation or in tort for abuse suffered during exceeding $200 million. Two University of Ottawa law students their childhoods. assisted him in this case work.

Professor Magnet also worked internationally in two matters. We Join Boards and Consultative Bodies and Participate in First, he acted as lead Counsel for the Afar Nation of Eritrea in Policy Colloquia… its claims against the Government of Eritrea for ethnic cleansing, mass murder and confiscation of property. These claims were Professor Ian Kerr actively promoted the international “Campaign to Stop Killer Robots,” a movement involving a coalition of more than 50 non-governmental organizations from around the world, working to ban fully autonomous weapons. The coalition’s principal concern is to oppose the development of robotic weapons that would be able to choose and fire on targets on their own, without any human intervention. In April 2014, Professor Kerr played a key role in the launch of the Canadian campaign, presenting his research at public events, a special meeting with parliamentarians, and a parliamentary press conference.

Professor Debra Steger participated as an expert in the E15 Initiative sponsored by the International Centre for Trade and Sustainable Development (ICTSD) on The Future of the WTO, and as a Member of the International Scientific Review Committee appointed by the Swiss National Science Foundation. She made her annual visit to the University of Bern to review the National Centres for Competence in Research and Trade projects and proposals of the World Trade Institute.

24 The University of Ottawa Faculty of Law, Common Law Section commonlaw.uOttawa.ca Professors Tony VanDuzer and Penelope Simons led a half-day Professor Nicole LaViolette conducted professional development workshop on international investment agreements and sustain­ training for the Immigration and Refugee Board of Canada on able development for members of the Canadian Council for refugee claims based on sexual orientation and gender identity. International Co-operation. She also travelled to Amman, Jordan, where she was involved in a training program for staff of the United Nations High With the support of the President’s Office and the Human Rights Commission on Refugees and the United Nations Relief and Research and Education Centre, Professor Penelope Simons Works Agency for Palestine Refugees in the Near East on organized and moderated a panel discussion and public debate in how best to work with LGBT refugees. November 2013 on the relationship between mining investment and development, the potential for NGOs as agents of corporate Professor Amy Salyzyn acted as Research Director for the change and the impacts of the Department of Foreign Affairs, Canadian Bar Association Ethical Infrastructure Project and Trade and Development’s (formerly CIDA’s) CSR programming. became Co-Chair of the National Steering Committee of NAWL (National Association of Women and the Law). Professor Jennifer Chandler joined the Research Ethics Board, Royal Ottawa Health Care Group, which provides research ethics oversight Professor Larry Chartrand provided a significant contribution as in the area of mental health research, and the Ethics Working presenter and organizing committee member to a successful Group, Trillium Gift of Life Network, relating to ethics in organ National Judicial Institute training program on Aboriginal law transplantation policy. She also served on the planning committee, for the Manitoba Queen’s Bench and other judiciary from and participated as an ethico-legal expert at the Canadian Blood across Canada in early March 2014. Services’ Workshop on “Leading Practices for Effective Requesting in Deceased Organ and Tissue Donation.” Professor Jennifer Bond acted as research director in the prepa­ ration of the 2013 Michigan Guidelines on the Exclusion of Professor Bruce Feldthusen represented Canada as part of the International Criminals. The Michigan Guidelines are North American delegation at the Inaugural Meeting and the unanimously agreed to by a panel of international experts and 1st Academic Conference of the World Tort Law Society (WTLS) deal with cutting-edge concerns related to asylum and refugee in Harbin, China in September 2013. He also gave a lecture on law. The Guidelines, which are published in English, French, Civil Liability for Sexual Assault at UNAM in Mexico City in Russian, and Arabic, are frequently cited by courts around the January 2013. world and help shape the way judges, lawyers, and other decision- makers look at refugee issues. Professor Bond’s supporting Adjunct Professor John Mark Keyes was elected as the Treasurer background paper was published alongside the Guidelines. of the Commonwealth Association of Legislative Counsel. Professor Bond also accepted an invitation to serve as an expert Professor Martha Jackman continued her work as a member of stakeholder in the Refugee Law Initiative (School of Advanced Board of Directors of the Canadian Health Coalition, the Board Study, University of London, UK) and the Center for International of Directors of the Social Rights Advocacy Centre, the National Criminal Justice (CICJ – Vrije Universiteit Amsterdam, Steering Committee of the National Association of Women and Netherlands). The project will establish an international network the Law, and a Trustee of the NAWL Charitable Trust for to study, analyze and debate the complex topic of asylum-seekers Research and Education. who have been excluded from refugee status and other migrants suspected or convicted of serious criminality. Professor Chidi Oguamanam served as a Member of the African Union Expert Consultative Group on Coordinated African Regional Professors Vanessa Gruben and Angela Cameron were invited to Response to the Implementation of the Nagoya Protocol on Access attend an international, multi-stakeholder workshop organized to Genetic Resources and the Fair and Equitable Sharing of by the University of Montreal on conception through egg and Benefits Arising from their Utilization to the Convention on sperm donation. Professor Cameron was a featured participant in Biological Diversity. the magazine International Innovation, discussing the conference proceedings. Professor Cameron also organized a May 2013 event Professor Rosemary Cairns Way continued projects on judicial at the law school: “Emerging Issues in Reproductive Justice.” It education through the National Judicial Institute. She was senior was well attended by over 50 delegates and presenters from advisor for three educational programs delivered to the Ontario the community, NGOs and academia. Court of Justice on criminal law and was senior advisor for an intensive sentencing and prison program. The Philippe Kirsch Institute named Professors François Larocque and Errol Mendes as faculty members. The Institute offers CLE Likewise, Professor Anthony Daimsis advised recently-appointed in international human rights law, international criminal law judges on how to deliver oral judgments and ran seminars and humanitarian law with Professor Errol Mendes for retired judges and senior law firm partners on international arbitration.

25 What We Do Outside the Classroom

Professor Gabrielle St-Hilaire served as a Trustee of the National conventional and social media, focused on government surveil­ Association of Women and the Law Charitable Trust for lance, lawful access, the Trans-Pacific Partnership, Digital Research and Education. policy, Anti-Spam Law implementation, Privacy Reform and Wireless policy and competition. Professor Pierre Foucher served as an analyst for the Language Rights Support Program, a federally funded program managed Professor Jeremy de Beer appeared in front on the Commons at the University of Ottawa and providing some financial Standing Committee on Industry, Science and Technology. assistance to litigants in constitutional language rights matters. He also attended the first annual conference of the International Professor Ian Kerr made submissions to the Standing Committee Association of Language Commissioners in Barcelona. on Access to Information, Privacy and Ethics, contributing to their study on “Privacy and Social Media in the Age of Big Data.” Professor Jennie Abell acted as the Treasurer of an international NGO: ACPD (Action Canada for Population and Development). Professor Jane Bailey made submissions to the Senate Standing Committee on Human Rights on June 25, 2013, advocating Professor Daphne Gilbert sat on the Media Action Média Board against the passage of Bill C-304, which repealed the internet hate and collaborated with a new international organization on propagation provisions in the Canadian Human Rights Act. Reproductive Justice. Professors Carissima Mathen, Adam Dodek and Errol Mendes were Professor Angela Cameron sat on the Board of Canadians for extremely active on issues surrounding the appointment of Justice Choice, a national organization dedicated to women’s Marc Nadon to the Supreme Court of Canada. Professor Mathen reproductive autonomy. & Michael Plaxton (University of Saskatchewan) authored an article analyzing the issue on SSRN within 10 days of the challenge, Professor Anthony Daimsis served as the Ontario representative ultimately cited by the majority judgment. Professors Mathen on two international arbitration taskforces. and Dodek appeared before the Standing Committee on Justice and Human Rights on November 19, 2013 (amendments to Professor Teresa Scassa served on the Canadian Geomatics Round Supreme Court Act) and Professor Mathen appeared before the Table Legal and Policy Dimension Task Team. She was also a Standing Senate Committee on Legal and Constitutional Affairs member of the Canadian Government Advisory Panel on on November 21 (amendments to Supreme Court Act). Open Government. Law school professors were also deeply involved in the question Dean Nathalie Des Rosiers taught a 2014 Introduction to Law in of accreditation by Trinity Western University’s law school. The the Aboriginal Self Governance Program in the Innu Territory. law school as a whole passed a resolution expressing concern over accreditation of a law school that discriminates against Professor Carissima Mathen joined the Board for the Committee gays and . Professors Angela Cameron and Jena McGill for the Study of Parliament Group. joined others in publishing editorials criticizing that institution’s accreditation, and with recent graduate Angela Chaisson, Professor Penelope Simons acted as the Law School Liaison submitted a 40-plus page brief to the LSUC outlining the legal and member of the Executive Committee of the International reasons to deny TWU accreditation under the Law Society Act. Commission of Jurists Canada. Professors Errol Mendes and Anthony Daimsis worked in Myanmar, advising its government on accession to the New York Convention We Participate in Policy Deliberations… on international arbitration and investment.

Professor Amir Attaran appeared before two Senates – in Canada, Adjunct Professor John Mark Keyes authored a legal analysis for the and in the United States – in briefings explaining the dangers International Labour Organization of a proposed employment that transnational criminals pose to the global supply of insurance system for Malaysia. medicines, as reports mount of substandard or even fake medicines becoming more common. And Contribute to Discussions in both the Conventional Professor Michael Geist appeared before the House of Commons and Social Media… Standing Committee on Industry, Science and Technology on Bill C-8 (Counterfeiting) in November 2013; the Standing Our law school and its law professors figure in the media often. Committee on International Trade on Trans-Pacific Partnership From April 2013 to April 2014, University of Ottawa “Faculty in June 2013; and the Standing Committee on Industry, Science of Law” or “Common Law Section” or “law school” appeared and Technology on SME adoption of digital technologies in in Canada’s major English language print dailies 123 times and May 2013. His public policy work in these venues, and in the “University of Ottawa law professor” 84 times. Colleagues also

26 The University of Ottawa Faculty of Law, Common Law Section commonlaw.uOttawa.ca participated in dozens of interviews in the electronic media. Meanwhile, a number of colleagues penned op-eds on the major issues of the day. A full list is appended to this report. By way of example, Professor Rakhi Ruparelia published an op-ed in the Ottawa Citizen (“The Privilege of Colour-Blindness”) in response to the backlash against a student anti-racism initiative on campus. The piece became one of the most read and most shared on the website that day (from the website alone, it attracted over 2,000 Facebook “recommends”).

Professors Jena McGill and Angela Cameron, along with a group of LGBTQ academics and lawyers published an op-ed in the National Post (“Why TWU Should Not Have a Law School”) in January 2013.

Professor Angela Cameron, in April 2013, also appeared on Radio-Canada television, in French, and in English CBC print media discussing the bid by Trinity Western University to establish a law school.

Other professors appeared in both conventional and social Lars Brusven was awarded a Torys Fellowship by the University media. Professor Carissima Mathen become a media go-to of Toronto Faculty of Law Review (UTFLR) for his paper “The person during the Nadon Supreme Court appointment dispute Safest Secrets: A Jurisdictional and Policy Critique of Section and was trending on Twitter on March 21, 2014, the day the 38 of the Canada Evidence Act Applied in Civil Proceedings.” Supreme Court released its ruling in the Nadon reference. Professor Michael Geist maintained his influential blog on The American Society of International Law selected Nicholas technology law issues, and saw his Twitter following grow to Hersh for a 2013 Arthur C. Helton Fellowship, allowing him to over 33,000. work with the UN High Commissioner for Refugees for six months and further research and write a publishable paper on the Professors Jena McGill, Vanessa MacDonnell and Angela Cameron adjudication of refugee claims based on sexual orientation. co-edited/curated the faculty’s collective feminist blog, www.bloggingforequality.ca. Following a Directed Research Course in Public and Constitutional Law run by Professor Errol Mendes, Michelle Bloodworth published Professor Errol Mendes appeared on several occasions on CTV her peer-reviewed paper in the National Journal of Constitutional to address the international law issues concerning Russia’s Law. Another student is revising his paper, after being reviewed annexation of Crimea and the ongoing threats to intervene in by the editors of the journal for future publication. other parts of Ukraine. He was also a panelist on the issue organized by the University’s Centre for International Policy Alexandra Mogyoros published “Deconstructing directness in Studies, which was broadcast by CPAC, the Public Affairs Canada: A critical evaluation of the role of directness in the Channel. He wrote on op-ed on the issue and others relating to tort of battery” (2013) 21 Tort L Rev 24. B. Stewart authored the international law issues involving China’s claim to the “Just What the Doctor Ordered: A Canadian Approach to South and East China Seas in the Huffington Post. Medical Monitoring and Toxic Risk” (2013) 8(2) Cdn Class Action Rev 271. Claire Seaborn wrote “How Smith v. Inco Failed: Recognizing the Category of ‘Chemical Interference’ Supporting Student Scholarship in Private Nuisance Cases” (2013) 26 J. Env. L. & Prac. 59. Amna M Qureshi published “Relying on Demeanour Evidence Professors are not alone in publishing legal scholarship. Our to Assess Credibility during Trial - A Critical Examination” in students too published or participated in notable scholarly Criminal Law Quarterly, forthcoming. activities in 2013–14. Among the highlights are the following: Jessica Earle co-authored an article with Professor Ian Kerr on Michele Krech won the American University Washington College privacy in the age of big data, published in the Stanford Law of Law 2014 International Humanitarian Law Student Writing Review. Katie Szylagyi likewise co-authored a forthcoming book Competition, with her paper, “Technological Asymmetry and chapter with Professor Ian Kerr. Under the supervision of the Law of Armed Conflict: The Intersection of Law and Professor Kerr, Sinzi Gutiu and Kristen Thomasen also authored Politics in the Creation of Differentiated State Obligations.” book chapters that have been accepted for publication, each subject to international competition and peer review.

27 What We Do Outside the Classroom

the Ottawa region,” in Conference Proceedings of the Spatial Knowledge and Information Canada Conference, Banff, Alberta (6–8 February 2014). Cheryl D. Power presented “Copyright Licensing of Large-scale Geospatial datasets,” in Conference Proceedings of the Spatial Knowledge and Information Canada conference, Banff, Alberta (6–8 February 2014). Saleh Al-Sharieh with Anne-Laure Mention published “Open Innovation and Intellectual Property: The Relationship and Its Challenges” in The Dark Side of Technological Innovation (Information Age Pub, 2013) 111. Saleh Al-Sharieh also co-authored an article with Professor Elizabeth Judge, noted in the bibliography below.

Student Public Interest Advocacy

The law school is full of people championing worthy causes, and receiving recognition for it. For instance, Claire Seaborn founded the Canadian Intern Association and has, among other things, testified at a Parliamentary committee on the issue of unpaid internships. Jocelyn Formsma attends the United Nations Permanent Forum on Indigenous Issues Meanwhile, Laura Konkel was among 40 Canadians honoured with the Governor General’s Caring Alexandra Mogyoros co-authored an article with Professor Chandler, Canadian Award, which is bestowed upon Canadians who volunteer noted in the bibliography below. Alexandra Mogyoros, Sean their time to help build a smarter and more caring nation. Stidwill, Kristen Holman, and Izabella Sowa co-authored articles with Professor Jeremy de Beer, also noted in the bibliography. Jocelyn Formsma attended the United Nations Permanent Forum And two students travelled with Professor de Beer for the book on Indigenous Issues as a representative of the National Indian launch stemming from the Open Africa Innovation Research Child Welfare Association (NICWA). Also last year she was a Project. Likewise, Marie-Andrée Denis-Boileau and Joëlle Pastora representative from the Global Indigenous Women’s Caucus as part Sala co-authored articles with Professor Suzanne Bouclin. of the North American delegation attending the International Indigenous Preparatory Meeting in Alta, Norway. She continues Eleven first year students inProfessor Adam Dodek’s first year to participate in advocating for the rights of Indigenous thematic Legal Ethics and Professional Responsibility course children in national and international fora. published papers on SLAW, the online legal newspaper. Iman Amin was awarded a $30,000 grant from the PFF Leadership Graduate student Thomas Burelli was named one of five winners Program, through the Centre of Global and Community of the 2013 “Concours de Vulgarisation” (Popularization Contest) Engagement at the University of Ottawa. Her project will assist from the Association francophone pour le savoir (ACFAS) for his the Kataujaq Society, a small non-governmental organization in text “Les chercheurs : incorrigibles filibustiers de la connaissance?” Rankin Inlet, Nunavut, which governs the operations of the only A number of other graduate students also authored papers. domestic violence shelter in the entire Kivilliq region of Nunavut. Amy Conroy wrote “Patient Autonomy and the Realities of The project will support the shelter in building appropriate and Substitute Decision-Making: Reassessing Advance Directives sustainable policies and processes to enhance the shelter’s Legislation in Common Law Canada” (2013) 34 The Windsor services to women of the region. Review of Legal and Social Issues. B. Courtney Doagoo authored “Feminist Anthropology: Gauging the Applications and Limitation Additionally, two second-year Common Law students, Crystal to Copyright Law” in Intellectual Property for the 21st Century: Head and Neegann Aaswaakshin, were awarded Law Student Multidisciplinary Perspectives on Intellectual Property Law Scholarships in 2013 by the Indigenous Bar Association, (Toronto: Irwin Law, 2014). Tenille E. Brown published “Geo- highlighting the work they have done, and continue to do, in Spatial Data, GIS and Mapping as a Legal Tool: a case study of service of Indigenous communities.

28 The University of Ottawa Faculty of Law, Common Law Section commonlaw.uOttawa.ca As a case study focusing on a particularly active area, a number faculty members, told the story of three refugees as they of faculty and students worked actively in 2013–14 to weave moved through the Canadian refugee process. Throughout together many of the refugee law related initiatives underway the story, guest speakers interjected to discuss pressing in the law school through the creation of uOttawa’s Refugee issues in refugee law today, including human smuggling, Hub. The following presents a snapshot of the sorts of major refugee health care, and LGBT refugee claims. The event initiatives underway in this area, complementing a wide variety culminated with the presentation of the Roberto Miranda of student-organized special events, panels, and movie nights: award to a refugee in Canada who has made an outstanding contribution to social justice. Refugee Night 2014 attracted over 150 members of the university and the broader • The University of Ottawa Refugee Assistance Project spearheaded community. This annual event has quickly become a yearly by Professors Peter Showler, Jennifer Bond, and David Wiseman highlight for this community. is a $1 million access to justice project, generously funded with a core grant from the Law Foundation of Ontario and operating under the direction of four professors at the Faculty of Law. UORAP’s mandate is to deliver legal information resources to the refugee support sector in order to mitigate access to justice barriers, and to monitor the new refugee system to identify such barriers. In 2013–14, the UORAP secured a unique information sharing agreement with the IRB to facilitate our research on access to justice issues.

• Refugee Law Research Team: Under the direction of Professor Jennifer Bond, this group of students and alumni provide pro bono legal support for important refugee cases. In both the 2012–13 and the 2013–14 academic years, the group wrote a number of legal memos and facta in support of interventions at the Supreme Court of Canada. Work for the UNHCR and legal aid cases before the IRB has also been supported.

• CARL uOttawa: Comprising over 100 students, the University of Ottawa has the most active chapter of the Canadian Association of Refugee Lawyers (CARL) of any law school in Canada. CARL students gain research and practical experience in refugee law, including through working groups that support CARL National’s high-profile litigation efforts. CARL uOttawa also provides many opportunities for its students to connect with the local refugee bar and leading refugee law experts across Canada, and, for example, recently hosted a reception following a Supreme Court of Canada hearing and a panel on careers in immigration and refugee law.

• Capital Rainbow Refuge Resettlement Project: This group was founded by Professor Nicole LaViolette and has successfully completed the resettlement to Canada of a couple from South Asia who fled gender and sexual orientation persecution. Through legal research, resettlement support, and fundraising efforts, students alongside community members have gained experience with resettlement under Canada’s refugee system. The group has now embarked on a second resettlement project.

• Refugee Night: Refugee Night is an annual night of drama, humour, and education about refugee issues and the latest trends in Canadian refugee policy. This year, the Human Rights Research and Education Centre, CARL uOttawa, and the Refugee Hub co-sponsored Refugee Journeys: Navigating the Road to Safety. A cast made up of students, lawyers and

29 30 The University of Ottawa Faculty of Law, Common Law Section commonlaw.uOttawa.ca Looking Forward to 2014–15

As this report is being written, we are in the final stages of preparing for the 2014–15 academic year. Professors John Currie and Louise Bélanger-Hardy will assume the offices of Vice Dean, English, and Vice Dean, French, respectively. Professor Elizabeth Sheehy will assume the office of Vice Dean, Research. Professor Lynda Collins will be the Director of the First Year Program and Professor Jamie Benidickson will be the Director of the January Term.

We will continue to offer a remarkable array of courses and for-credit opportunities, continue to innovate in (and out) of the classroom and continue to contribute to legal scholarship and public policy debates. In 2014–15, we will also begin preparing for the periodic review of our JD program. And in 2014–15, the law school will also host the French-language component of the Law Society’s Law Practice Program (LPP). The LPP will provide aspiring lawyers with a new pathway to the Ontario Bar. The mission of the University of Ottawa’s LPP is to promote access to justice for francophones and other marginalized groups by training future lawyers to provide high quality legal services in French.

In sum, our institution and faculty will continue to serve our students, and our community. We look forward to another excellent academic year.

31 32 The University of Ottawa Faculty of Law, Common Law Section commonlaw.uOttawa.ca Annual Report Bibliography

(As reported by faculty responding to the 2013–14 annual report survey. Where articles are co-authored with non-faculty members, the article is ordered under the name of the faculty member, but the full list of multiple authors is then reproduced.)

Faculty Academic Publications Printed or Forthcoming During 2013–14

Abell, Jennie, “Gendering International Human Rights: Promoting Backhouse, Constance, “Sexual Harassment: A Feminist Phrase that Equality and Security for Women and Girls, a View from Canada” in Transformed the Workplace” in Shelagh Day, Lucie Lamarche, and Jaya Sagade, Vedna Jivan, Christine Forster Challenging Laws, Changing Ken Norman 14 Arguments for Human Rights Institutions in Canada Laws: Feminism in the Subcontinent and Beyond (Lucknow, India: (Toronto: Irwin Law, 2014) at 209–236. Revised version, republished Eastern Book House, forthcoming 2014). from Canadian Journal of Women and the Law.

Abell, Jennie, Elizabeth Sheehy, Natasha Bakht, Criminal Law and Backhouse, Constance, “What If? Career Paths Not Taken: Claire Procedure: Proof, Defences and Beyond, 5th Ed (Toronto: Captus L’ Heureux-Dubé and Politics” (2013) Canadian Journal of Law and Press, 2014) Society/Revue Canadienne Droit et Société 1.

Attaran Amir, Benton D., Chauvin J., McKee M., Percival V. (2014) Bailey, Jane and Jacquelyn Burkell. “Implementing Technology in “Webcast the World Health Assembly” The Lancet, 383:125 the Justice Sector: A Canadian Perspective” (2013) 11:2 Canadian Journal of Law & Technology 253. Attaran Amir, Capron A. (2014) “Universal health coverage and health laws” The Lancet, 383:25 Bailey, Jane and Valerie Steeves. “Will the Real Digital Girl Please Stand Up?”, in Hille Koskela and Macgregor Wise New Visualities, new techno­ Attaran, Amir et al (Binagwaho A., Bate R., Gasana M., Karema C., logies: The new ecstasy of communication (Ashgate Publishing: 2013). Mucyo Y., Mwesigye J.P., Biziyaremye F., Nutt C.T., Wagner C.M., Jensen P., Attaran A.) (2013) “Combatting Substandard and Falsified Bailey, Jane. “Sexualized online bullying’ through an equality lens: Medicines: A View from Rwanda” PLoS Medicine, 10(7):1-3 e1001476 Missed opportunity in Ab v. Bragg?” (2013) 59-3 McGill Law Journal [in press]. Attaran, Amir et al (Mackey T.K., Liang B.A., Kohler J.C., Attaran A.) (2014) “Health Domains for Sale: The Need for Global Health Internet Gover­ Bakht, Natasha. “A v B and Attorney General of Quebec (Eric v Lola)—The nance” Journal of Medical Internet Research, Volume 16, Issue 3:e62 Implications for Cohabiting Couples Outside Quebec” Canadian Journal of Family Law (forthcoming). Attaran, Amir et al (MacKey T.K. , Liang B.A., Attaran A., Kohler J.C.) (2013) “Ensuring the future of health information online” The Lancet, Bakht, Natasha. “The Incorporation of Islamic Family Law in North 382:1404 America” in Anver M Emon & Kristen Stilt eds Handbook on Islamic Law, (Toronto: Oxford University Press, forthcoming). Backhouse, Constance, “‘We Don’t Hire A Woman Here’: Claire L’ Heureux-Dubé and the Career Prospects for Early Female Law Bélanger-Hardy, Louise. “Thresholds of Actionable Mental Harm in Graduates from Laval University,” accepted for publication Queen’s Negligence: A Policy-Based Analysis” (2013) 36 Dalhousie LJ 1-33. Law Journal, Spring 2014. Benidickson, Jamie. Environmental Law, 4th ed (Toronto: Irwin Law, 2013)

Boivin, Denis, La réparation en common law et en equity (Montréal : Yvon Blais, 2012), 757 pages

33 Annual Report Bibliography: Faculty Academic Publications Printed or Forthcoming during 2013–14

Boivin, Denis, Insurance Law, 2d ed. (Toronto: Irwin Law, 2014), Chandler, Jennifer and A. Mogyoros, T. Martin Rubio, E. Racine, “A 700 pages second look at the legal and ethical consequences of pharmaco­ logical memory dampening: The case of sexual assault” (2013) 41-4 Bond, Jennifer, “Principled Exclusion: A Revised Approach to Article1(F) Journal of Law Medicine and Ethics 859. (a) of the Refugee Convention”, 35 Michigan Journal of International Law 15-78 (2013). Chandler, Jennifer et al (Eric Racine, Tristana Martin Rubio, Jennifer Chandler, Cynthia Forlini, Jayne Lucke). “The value and pitfalls of Bond, Jennifer, “Failure to Report: The Manifestly Unconstitutional speculation about science and technology in bioethics: The case of Nature of the Human Smugglers Act” Osgoode Hall Law Journal cognitive enhancement,” (2014) Medicine, Health Care and 51:2, (Forthcoming). Philosophy DOI 10.1007/s11019-013-9539-4.

Bond, Jennifer and David Wiseman, “Shortchanging Justice: The Chandler, Jennifer et al (Michael Purcell, Jennifer A. Chandler, J. Paul Arbitrary Relationship Between Refugee System Reform and Fedoroff) “The use of phallometric evidence in Canadian criminal Federal Legal Aid Funding” (2012) 91:3 Canadian Bar Review 583 law” (2014) Journal of the American Association of Psychiatry and Law (forthcoming) Bouclin, Suzanne (with G. Calder & S. Cowan) “Playing Games with Law” in Z. Bankowski, M. Del Mar and P. Maharg (eds.) The Arts and Chandler, Jennifer. “Mind, Brain and Law: Issues at the Intersection the Legal Academy: Beyond Text in Legal Education (Surrey: Ashgate, of Neuroscience, Personal Identity and the Legal System,” Invited 2013) at 69–86. chapter, Handbook of Neuroethics, Springer Publishing, (forthcoming).

Bouclin, Suzanne & Marie-Andrée Denis-Boileau. « La cyberjustice Chandler, Jennifer A., “Legally-coerced consent to treatment in the comme réponse aux besoins juridiques des personnes itinérantes : criminal justice system” in Holmes, D., Perron, A. and Jacob, J.-D. (eds) son potentiel et ses embûches » Recueil Annuel d’ Accès à la Justice de Power and the Psychiatric Apparatus: Repression, Transformation and Windsor (forthcoming 2014) Assistance (Ashgate Publishing, 2014).

Bouclin, Suzanne and J. PastoraSala. “Une analyse de la règlemen­ Collins, Lynda & Heather McLeod-Kilmurray. The Canadian Law of tation des personnes itinérantes selon une perspective pothienne,” Toxic Torts (Toronto: Carswell, 2014) Canadian Journal of Women and the Law/Revue femmes et droit (2013) 25-1 1-30. Collins, Lynda. “The Role of the United Nations in Environmental Human Rights” in Louis Kotze and Anna Grear, eds., Environmental Bouclin, Suzanne. “Méthodologies ambidextres en droit,” sous la dir. Human Rights (London: Edward Elgar, 2014) (forthcoming) Georges Azzaria Les cadres théoriques et le droit Actes de la 2e Journée d’ étude sur la méthodologie et l’ épistémologie juridique, (Éditions Yvon Currie, John, ed-in-chief, (2012) 50 Canadian Yearbook of International Blais, 2013) à 347–350. Law/Annuaire canadien de droit international (UBC Press, published February 2014). Bouclin, Suzanne. “Regulated Out of Existence: A Case Study of Ottawa’s Ticket Defence Program” Journal of Law and Equality Currie, John, ed-in-chief, (2013) 51 Canadian Yearbook of International (forthcoming May 2014) Law/Annuaire canadien de droit international (UBC Press, forthcoming).

Bouclin, Suzanne. “Women’s Suffrage: A Cinematic Study” in Literature, Currie, John and Craig Forcese, Joanna Harrington and Valerie Oosterveld, History of Ideas, Images and Society, Special Issue Equal Rights: Myth or International Law: Doctrine, Practice, and Theory, 2nd ed (Toronto: Irwin Reality in contemporary English-speaking Societies? (forthcoming 2014) Law, 2014).

Bouclin, Suzanne. “Youtube and Muslim Women’s Legal Currie, John, Public International Law, 3rd ed (Toronto: Irwin Law, Subjectivities”, (2013) Oñati Socio-Legal, 3–7 1158 forthcoming).

Cairns-Way, Rosemary. “Deliberate Disregard: Judicial Appointments de Beer, Jeremy & M. Burri, “Transatlantic copyright comparisons: under the Harper Government”, (2014) Supreme Court Law Review making available via hyperlinks in the European Union and Canada,” (forthcoming). (2014) 36(2) European Intellectual Property Review 95.

Cameron, Angela and Paul Daly, “Furthering Substantive Equality de Beer, Jeremy & M. Burri, “Transatlantic Copyright Comparisons: through Administrative Law” (2014) 61 Supreme Court Review 169. Making Available via Hyperlinks in the European Union and Canada” (2013) Working Paper No. 2013/22 World Trade Institute NCCR. Cameron, Angela. “Lesbian Mothers, Family Law and Assisted Human Reproductive Technologies” in Jennifer Kilty ed., Women de Beer, Jeremy & S. Bannerman, “Access to Knowledge as a New and the Law (Toronto: Canadian Scholar’s Press, 2014). Paradigm for Research on ICTs and Intellectual Property Rights,” in H. Emdon, L. Elder, B. Petrazzini and R. Fuchs, eds, Connecting ICTs Chalifour, Nathalie, Adam Dodek and Heather McLeod-Kilmurray et to Development: The IDRC Experience (Ottawa: Anthem Press, 2013) al, Science Manual for Canadian Judges, (Ottawa: National Judicial at 75-90. Institute, 2013). de Beer, Jeremy, “Copyright Royalty Stacking,” in M. Geist, ed, The Copyright Pentalogy: How the Supreme Court of Canada Shook the Foundations of Canadian Copyright Law (Toronto: Irwin Law, 2013) at 335–372.

34 The University of Ottawa Faculty of Law, Common Law Section commonlaw.uOttawa.ca de Beer, Jeremy, A. Mogyoros & S. Stidwill, “Present Thinking on the Flaherty, Michelle, “Private Law and its Normative Influence on Future of Intellectual Property,” (2014) 11:1 SCRIPTed – A Journal of Human Rights”, in K. Barker and D. Jensen eds., Private Law: Key Law, Technology & Society 69. Encounters with Public Law (Cambridge University Press, 2013). de Beer, Jeremy, C. Armstrong, C. Oguamanam & T. Schonwetter, Forcese, Craig. “A Tale of Two Citizenships: Citizenship Revocation for “Current Realities of Collaborative Intellectual Property in Africa” in ‘Traitors and Terrorists’,” (2014) 39(2) Queens Law Journal. J. de Beer et al, eds, The Collaborative Dynamics of Innovation and Intellectual Property in Africa (Cape Town: UCT Press, 2013) at Forcese, Craig. “Accountability with a Dash of Context and a Pinch of 373–394. Fire and Brimstone,” (2014) 91 Canadian Bar Review (forthcoming). de Beer, Jeremy, C. Armstrong, C. Oguamanam, & T. Schonwetter, Forcese, Craig. “Judicial Supervision of Antiterrorism Law in Comparative Innovation & Intellectual Property: Collaborative Dynamics in Africa Democracies,” Ben Saul (ed), Research Handbook on International (Cape Town: UCT Press, 2013). Law and Terrorism (Edward Elgar Publishing, 2014) (forthcoming). de Beer, Jeremy, C. Oguamanam & T. Schonwetter, “Innovation, Forcese, Craig. “Touching Torture with a Ten Foot Pole: The Legality Intellectual Property and Development Narratives in Africa” in of Canada’s Approach to National Security Information Sharing with J. de Beer et al, eds, The Collaborative Dynamics of Innovation and Human Rights-Abusing States,” (2014) 52(1) Osgoode Hall Law Intellectual Property in Africa (Cape Town: UCT Press, 2013) at 1–31. Journal (forthcoming). de Beer, Jeremy, I. Sowa & K. Holman, “Frameworks for Analysing African Foucher, Pierre, Introduction à l’ étude du droit administratif dans Innovation: Entrepreneurship, the Informal Economy and Intellectual JurisClasseur Québec, collection droit public, vol. 14 – Droit Property” in J. de Beer et al, eds, The Collaborative Dynamics of Innovation administratif, Toronto, LexisNexis, 2014, fascicule 1. and Intellectual Property in Africa (Cape Town: UCT Press, 2013) at 32–58. Foucher, Pierre, Langue Territoire et droit, dans Langue et Territoire, Sudbury, Prise de Parole, 2014, p 4-34 de Beer, Jeremy, K. Fu & S. Wunch-Vincent, “The Informal Economy, Innovation and Intellectual Property – Concepts, Metrics and Policy Foucher, Pierre, Les droits linguistiques dans le secteur privé Dans e considerations,” (2013) 10 WIPO Economics Working Paper. Bastarache et Doucet, dir., « Droits linguistiques au Canada, 3 édition » Montréal, Yvon Blais inc, décembre 2013, p. 787-891 de Beer, Jeremy. “Mapping the Outcomes of Multidisciplinary Intellectual Property Research: Lessons from the African Copyright Foucher, Pierre, Les articles 16 à 22 de la Charte, dans Mendes et e Experience,” in T. Scassa et al, eds, Intellectual Property for the 21st Beaulac, dir. Charte canadienne des droits et libertés, 5 édition, Century: Multidisciplinary Perspectives on Intellectual Property Law Toronto, LexisNexis, décembre 2013, p. 1029-1071 (Toronto: Irwin Law, 2014). Geist, Michael (ed.) The Copyright Pentalogy: How the Supreme Court de Beer, Jeremy & C. Oguamanam, “Open Minds: Lessons on Intellectual of Canada Shook the Foundations of Canadian Copyright Law Property, Innovation and Development from Nigeria,” in M. Smith (University of Ottawa Press, 2013) and K. Reilly, eds, Open Development: Networked Innovations in Inter­ Geist, Michael. Fairness Found: How Canada Quietly Shifted from Fair national Development (Cambridge, MA: MIT Press, 2013) at 249-272. Dealing to Fair Use, in M. Geist, ed. The Copyright Pentalogy: How the de Beer, Jeremy et al (Elahi, S. and J. de Beer, with D. Kawooya, C. Supreme Court of Canada Shook the Foundations of Canadian Copyright Oguamanam, N. Rizk) Knowledge & Innovation in Africa: Scenarios for Law (Ottawa: University of Ottawa Press, 2013) at 157–186. the Future, (Cape Town: Open AIR, 2013). Gruben, Vanessa, Allison McGeer and Reed Siemieniuk, “Healthcare Des Rosiers, Nathalie, “Democratic governance – Empowering workers, mandatory influenza vaccination policies, and the law” Paticipatory Citizenship,” in Matthew Behrer, Unions Matter – Advancing (2014) Canadian Medical Association Journal (forthcoming). Democracy, Economic Equality and Social Justice (Toronto, Between Gruben, Vanessa. “Chapitre 5 : Le bilinguisme judiciaire” in Les droits the Lines, 2014) at 95–102. linguistiques au Canada, 3e édition (Yvon Blais, 2014). Des Rosiers, Nathalie, “La liberté d’ expression,” (2013) 7/1-7/25 Gruben, Vanessa. “Women as Patients, Not Spare Parts: Examining Encyclopédie juridique JurisClasseur. the Relationship between the Physician and Women Egg Providers” Des Rosiers, Nathalie, “Le droit de dire et le devoir d’ écouter – L’ espace (2013) 25 Canadian Journal of Women and the Law 249. démocratique, la vulnérabilité et le rôle de la société civile,” (2013) Jackman, Martha & Bruce Porter. “Introduction: Advancing Social 73 Annales de Droit de Louvain 21. Rights in Canada”, in Martha Jackman & Bruce Porter, eds., Advancing Dodek, Adam, Solicitor-Client Privilege (LexisNexis, 2014). (forthcoming) Social Rights in Canada (Toronto: Irwin Law, forthcoming, 2014) (with Bruce Porter). Feldthusen, Bruce, Linden, Allen, and Klar, Lewis, Canadian Tort Law, Cases, Notes & Materials 14th ed (LexisNexis, 2014). Jackman, Martha & Bruce Porter. “Rights Based Strategies to Address Homelessness and Poverty in Canada: the Charter Framework” in Flaherty, Michelle, “Ontario’s Direct Access Model to Human Rights”, Martha Jackman & Bruce Porter, eds., Advancing Social Rights in in S. Day, L. Lamarche and K. Norman eds 14 Arguments in Favour of Canada (Toronto: Irwin Law, forthcoming, 2014). Human Rights Institutions, (Irwin Law Inc., 2014).

35 Annual Report Bibliography: Faculty Academic Publications Printed or Forthcoming during 2013–14

Jackman, Martha. “Law as a Tool for Addressing Social Determinants Larocque, François et al (Mark Power, Darius. Bossé). « Constitutional of Health” in Nola Ries, Tracey Bailey &Timothy Caulfield, eds., Public Litigation, the Adversarial System and Some of its Adverse Effects » Health Law and Policy in Canada, 3rd ed. (Markham: LexisNexis (2012) 17:2 Review of Constitutional Studies 1 Canada, 2013) 91–130. Larocque, François, “Jurisdiction and Immunities” in A. Orekhlashivili, Jackman, Martha & Bruce Porter. Rights-Based Strategies to Address dir., Research Handbook on the Theory and History of International Law Homelessness and Poverty in Canada: The Constitutional Framework (Northampton (Mass): Edward Elgar Publishing, to be published 2015). (2013) University of Ottawa Faculty of Law Legal Studies Working Paper Series 2013-10 (SSRN). Larocque, François, Mark Power, « Let (Language) Right(s) Prevail : Le statut du français au Barreau du Haut-Canada » (2012–2013) 44:1 Jackman, Martha & Bruce Porter. International Human Rights and Ottawa Law Review 105 Strategies to Address Homelessness and Poverty in Canada: Making the Connection (2013) University of Ottawa Faculty of Law Legal Studies Larocque, François, Mark Power, Michel Doucet, « Archéologie d’ un Working Paper Series 2013-09 (SSRN). pacte constitutionnel oublié : la proclamation royale de 1869 » in L’ affaire Caron et le statut du français dans l’ ouest canadien, (Cowansville : Judge, Elizabeth, “Righting a Right: Entertainment Software Éditions Yvon Blais, to be published in 2014). Association v SOCAN and the Exclusive Rights of Copyright for Works,” in Michael Geist, ed., The Copyright Pentalogy: How the LaViolette, Nicole. “Overcoming Problems with Sexual Minority Refugee Supreme Court of Canada Shook the Foundations of Canadian Claims: is LGBT Cultural Competency Training the Solution?” in Thomas Copyright Law (University of Ottawa Press, 2013), 403–429 Spijkerboer, ed., Fleeing Homophobia. Sexual Orientation, Gender Identity and Asylum (Oxon, United Kingdom: Taylor & Francis Books, Judge, Elizabeth et al (Daniel J. Gervais and Elizabeth F. Judge), 2013) at 189–216. “Physionomie et problématiques modernes du monopole octroyé par le droit des brevets,” Fascicule 21 in Propriété intellectuelle in LaViolette, Nicole. Sexual Orientation, Gender Identity and the Refugee JurisClasseur Québec (LexisNexis, 2013) Determination Process. (2013) Immigration and Refugee Board of Canada.

Judge, Elizabeth, “Curious Judge: Judicial Notice of Facts, Independent LaViolette, Nicole. L’ orientation sexuelle, l’ identité sexuelle et le processus Judicial Research, and the Impact of the Internet,” (2013) Annual de détermination du statut de réfugié, (2013) online Immigration and Review of Civil Litigation 325-350 Refugee Board of Canada.

Judge, Elizabeth & Saleh Al-Sharieh, “Join the Club: The Implications MacDonnell, Vanessa, “Internet Surveillance and Popular of the Anti-Counterfeiting Trade Agreement’s Enforcement Measures Constitutionalism” in George Williams, Fergal Davis and Nicola for Canadian Copyright Law” (2012) 49:3 Alberta Law Review 677, McGarrity, eds, Surveillance, Counter-Terrorism and Comparative republished in Lynn Campbell, ed, Legal Issues In Electronic Commerce, Constitutionalism (Oxford: Routledge, 2014) at 313. 4th ed (Captus Press, 2013). MacDonnell, Vanessa & Hughes, Jula, “Social Science Evidence in Kerr, Ian et al (Mitchell McInnes, Ian Kerr and J. Anthony VanDuzer) German and Canadian Constitutional Law: Some Comparative 4th Ed. Managing the Law: The Legal Aspects of Doing Business Observations” (2013) 32:1 National Journal of Constitutional Law 23. (Pearson Education: Toronto, 2013), MacDonnell, Vanessa, “The Constitution as Framework for Kerr, Ian et al (Ryan Calo, Michael Froomkin and Ian Kerr) Robot Law Governance” (2013) 63:4 Law Journal 624. (Cheltenham: Edward Elgar, 2014) MacDonnell, Vanessa & Hughes, Jula, “The German Abortion Kerr, Ian & Jason Millar, “Delegation, Relinquishment and Responsibility: Decisions and the Protective Function in German and Canadian The Prospect of Robot Experts” in Robot Law, ed. Calo, Froomkin, and Constitutional Law” (2013) 50:4 Osgoode Hall Law Journal 999. Kerr (Cheltenham: Edward Elgar, 2014) MacDonnell, Vanessa, “The Jury Vetting Cases: New Insights on Jury Trials Kerr, Ian & Katie Szylagyi, “Asleep at the Switch? How Lethal Autonomous in Criminal Cases?” (2013) 63 Supreme Court Law Review (2d) 419. Robots Become a Force Multiplier of Military Necessity” in Robot Law, ed. Calo, Froomkin, and Kerr (Cheltenham: Edward Elgar, 2014) Marin, Michael, “Disembedding Corporate Governance: The Crisis of Shareholder Primacy in the UK and Canada” (2013) 39:1 Queen’s Law Kerr, Ian & Katie Szilagyi, “Evitable Conflicts, Inevitable Technologies? Journal 223. The Science and Fiction of Robotic Warfare and International Humanitarian Law” forthcoming in Law, Culture and Humanities Mathen, Carissima, “‘A Precarious, Chancy Situation’: Aboriginal available online: http://lch.sagepub.com/content/early/2014/01/01 Gaming Rights in Canada“ (2013) 46:2 UBC Law Review 349–395. /1743872113509443.full.pdf+html Mathen, Carissima and Michael Plaxton, “Purposive Interpretation, Kerr, Ian and Jessica Earle, “Prediction, Preemption, Presumption Quebec and the Supreme Court Act” (2013) 22:3 Constitutional How Big Data Threatens Big Picture Privacy.” 66 Stanford Law Review Forum 15. Online 65. Mathen, Carissima, “Rational Connections: Oakes, Section 1 and the Larocque, François « Les recours en matière de droits linguistiques » Charter’s Legal Rights” 43:3 (2013) Ottawa Law Review 491. in , dir., Les droits linguistiques au Canada, 3e édition Mathen, Carissima, “The Upside of Dissent in Equality Jurisprudence” (Cowansville : Éditions Yvon Blais, 2014). (2013) 63 Supreme Court Law Review 111.

36 The University of Ottawa Faculty of Law, Common Law Section commonlaw.uOttawa.ca Mayeda, Graham & Peter Oliver, “Principles and Pragmatism: An Oliver, Peter, “Canadian Legal Federalism Since 1982” (Spring 2013) Introduction” in G. Mayeda & P. Oliver, eds, Principles and Pragma­ Canadian Issues/Thèmes canadiens 7. tism: Essays in Honour of Louise Charron (Toronto: LexisNexis, 2014). Oliver, Peter, “Reform of the Supreme Court of Canada from Within: Mayeda, Graham & Peter Oliver, “Principles and Pragmatism: An To What Extent Should the Court Weigh in regarding Constitutional Introduction”, (2014), 65 Supreme Court Law Review 1. Conventions” in Nadia Varelli, ed. The Democratic Dilemma: Reforming Canada’s Supreme Court (Montreal/Kingston: McGill- Mayeda, Graham & Peter Oliver, eds, Principles and Pragmatism: Queen’s Press, 2013. Essays in Honour of Louise Charron (Toronto: LexisNexis, 2014). Oliver, Peter and Graham Mayeda, “Principles and Pragmatism: McGill, Jena, “Section 15(2), Ameliorative Programs and Propor­ An Introduction”, (2014) 61 Supreme Court Law Review 1. tionality Review,” (2013) 61 Supreme Court Law Review 521. Oliver, Peter and Graham Mayeda, “Principles and Pragmatism: McGill, Jena, “SOGI… So What? Sexual Orientation and Gender An Introduction” in Graham Mayeda and Peter Oliver, eds, Principles Identity in International Human Rights Discourse,” (2014) 3:1 and Pragmatism: Essays in Honour of Louise Charron (Toronto: Canadian Journal of Human Rights. (forthcoming) LexisNexis, 2014).

McGill, Jena, “Survival Sex in Peacekeeping Economies: Re-Reading Oliver, Peter and Marie-France Chartier, “La juge Charron et le fédé­ the Zero Tolerance Approach to Sexual Exploitation and Sexual ralisme coopératif”, (2014) 61 Supreme Court Law Review 189. Abuse in United Nations Peace Support Operations,” (2014) 18:1 Journal of International Peacekeeping. Oliver, Peter and Marie-France Chartier, “La juge Charron et le fédéralisme coopératif” in Graham Mayeda and Peter Oliver, eds, Mendes, Errol, Canadian Charter of Rights and Freedoms, 5th Ed Principles and Pragmatism: Essays in Honour of Louise Charron (Canada: LexisNexis, 2013) (Toronto: LexisNexis, 2014).

Mendes, Errol, Global Governance, Human Rights and International Oliver, Peter and Graham Mayeda, eds, Principles and Pragmatism: Law (Routledge, 2014) Essays in Honour of Louise Charron (Toronto: LexisNexis, 2014).

Oguamanam, Chidi and Jeremy DeBeer et al (eds) Knowledge and Oliver, Peter and Stephen Tierney, Book Review/Response, Innovation in Africa: Scenarios for the Future (UCT, 2014) (forthcoming). Constitutional Referendums: The Theory and Practice of Republican Deliberation, Int’l J. Const. L. Blog, 2014. Oguamanam, Chidi and Jeremy DeBeer et al (eds) Innovation and Intellectual Property: Collaborative Dynamics in Africa (UCT, 2013). Roussy, Alain, “Cut-and-Paste Justice: a Case Comment on Cojocaru v British Columbia Women’s Hospital and Health Centre”, Alberta Law Oguamanam, Chidi and Jeremy DeBeer et al “Current Realities of Review (forthcoming). Collaborative Intellectual Property in Africa” in DeBeer et al eds. Innovation and Intellectual Property: Collaborative Dynamics in Africa Roussy, Alain, “La réforme du Sénat au Canada,” Ottawa Law Review (UCT, 2013) at 373–394. (forthcoming).

Oguamanam, Chidi and Jeremy DeBeer et al “Innovation, Intellectual Ruparelia, Rakhi, “Erring on the Side of Ignorance: Challenges for Cause Property and Development Narratives in Africa” in DeBeer et al eds. Twenty Years After Parks” (2014) Canadian Bar Review (forthcoming). Innovation and Intellectual Property: Collaborative Dynamics in Africa (UCT, 2013) at 1–31. Ruparelia, Rakhi, “Legal Feminism and the Post-Racism Fantasy” (2014) 26 Canadian Journal of Women and the Law 81. Oguamanam, Chidi and Teshager Dagne. “Geographical Indication (GI) Options for Ethiopian Coffee and Ghanaian Cocoa” in de Beer, et Ruparelia, Rakhi, “Guilty Displeasures: White Resistance in the Social al eds. Innovation and Intellectual Property: Collaborative Dynamic in Justice Classroom” Dalhousie Law Journal (forthcoming). Africa, (UCT, 2013) at 77–108. Salyzyn, Amy “Positivist Legal Ethics Theory and the Law Governing Oguamanam, Chidi, “Developing Countries and Legal Institutions at Lawyers: A Few Puzzles Worth Solving.” 42:2 Hofstra Law Review the Intersection of Agricultural Biotechnology and Development” in (forthcoming). Stuart Smyth, et al eds. Handbook on Agriculture, Biotechnology and Development (Elgar, 2014). Salyzyn, Amy “The Judicial Regulation of Lawyers in Canada” 37 Dalhousie Law Journal (forthcoming). Oguamanam, Chidi. “Intellectual Property: The Promise and Risk of Human Rights, in C. Doagoo, et al eds. Intellectual Property for the 21 Salyzyn, Amy, “A Comparative Study of Attorney Responsibility for Century: Interdisciplinary Approaches, (Irwin Law, 2014). Fees of an Opposing Party” (2013) 3(2) St. John’s Journal of Inter­ national and Comparative Law 71. Oguamanam, Chidi. “Open Innovation in Plant Genetic Resources for Food and Agriculture” (2013) 14 Chicago-Kent Journal of Salyzyn, Amy, “Foreclosures, Freemen, Foreign Law Schools and the Intellectual Property 11. Continuing Search for Meaningful Access to Justice: Correspondent’s Report from Canada” (2013) 16(1) Legal Ethics 223. Oguamanam, Chidi. “Rio+21: Indigenous Knowledge and Intellectual Property in Coastal and Ocean Law” (2013) 27 Ocean Salyzyn, Amy, “John Rambo v. Atticus Finch: Gender, Diversity and Yearbook 121. the Civility Movement” (2013) 16(1) Legal Ethics 97.

37 Annual Report Bibliography: Presentations in 2013–14

Scassa, Teresa “Acknowledging Copyright’s Illegitimate Offspring: Steger, Debra. “Book Review: Jacqueline Krikorian, International User-Generated Content and Canadian Copyright Law”, in M. Geist, Trade Law and Domestic Policy: Canada, the United States, and the ed., The Copyright Pentalogy: How the Supreme Court of Canada Shook WTO” in “Letters in Canada 2012”, (2014) 83:2 University of Toronto the Foundations of Canadian Copyright Law, (Ottawa: University of Quarterly Ottawa Press, 2013) at 431–453. Steger, Debra. “International Trade and Investment: Towards a Scassa, Teresa et al (B. Courtney Doagoo, Mistrale Goudreau, Common Regime?”, in Roberto Echandi and Pierre Sauvé (eds.), Madelaine Saginur and Teresa Scassa) eds Interdisciplinary Prospects in International Investment Law and Policy (Cambridge Approaches to Intellectual Property Law, (Irwin Law, 2014) University Press, 2013).

Scassa, Teresa et al (Benoit Seguin and Teresa Scassa) “Ambush marketing VanDuzer, J. Anthony, “Could an Intergovernmental Agreement legislation to protect Olympic sponsors: A step too far in the name Make Canadian Treaty Commitments in Areas within Provincial of brand protection”, in C. Doagoo, M. Goudreau, M. Saginur & Jurisdiction More Credible?” (2013) 68 International Journal 536. T. Scassa, eds., Interdisciplinary Approaches to Intellectual Property Law, (Irwin Law, 2014), at 500–520. VanDuzer, J. Anthony, “NAFTA’s Approach to Public Services,” in M Krajewski, ed. Beyond the Single Market – External and international Scassa, Teresa et al (Gregory Hagen, Cameron Hutchison, David dimensions of services of general interest in EU law (Heidelberg: Lametti, Graham Reynolds, Teresa Scassa and Margaret Ann Springer, forthcoming 2014). Wilkinson). Canadian Intellectual Property Law: Cases, Notes and Materials (Emond Montgomery Publications, 2013). VanDuzer, J. Anthony, Penelope Simons and Graham Mayeda, Integrating Sustainable Development into International Investment Scassa, Teresa et al (Nate J. Engler, Teresa Scassa & D.R. Fraser Taylor) Agreements: A Guide for Developing Country Negotiators “Cybercartography and Volunteered Geographic Information” in D.R. (Commonwealth Secretariat, 2013). Fraser Taylor, ed., Developments in the Theory and Practice of Cyber­ cartography: Applications and Indigenous Mapping (Elsevier, 2014) VanDuzer, J. Anthony, Todd Weiler, The Interpretation of International at 43–59. Investment Law: Equality, Discrimination and Minimum Standards of Treatment in Historical Context (Leiden and Boston: Martinus Nijhoff, Scassa, Teresa, “Antisocial Trademarks”, (2013) 103:5 Trademark 2013) (forthcoming). Reporter 1172. Wiseman, David. “Managing the Burden of Doubt: Social Science Scassa, Teresa, D.R. Fraser Taylor, & Tracey Lauriault, “Cybercartography Evidence, the Institutional Competence of Courts, and the Prospects and Traditional Knowledge: Responding to Legal and Ethical for Anti-Poverty Charter Claims (2014) 33:1 National Journal of Challenges” in D.R. Fraser Taylor, ed., Developments in the Theory and Constitutional Law (forthcoming). Practice of Cybercartography: Applications and Indigenous Mapping (Elsevier, 2014) at 279–297.

Scassa, Teresa, Mistrale Goudreau, Madelaine Saginur & B. Courtney Doagoo, “Interdisciplinary Approaches to Intellectual Property Law”, in Interdisciplinary Approaches to Intellectual Property Law, (Irwin Law, 2014) at 1–22.

Scassa, Teresa. “Disponibilité des signes”, Chapter in JurisClasseur Québec, Propriété Intellectuelle, (LexisNexis, 2014) – (looseleaf service).

Sheehy, Elizabeth, Defending Battered Women on Trial: Lessons from the Transcripts (UBC Press, 2014)

Simons, Penelope and Audrey Macklin. The Governance Gap: Extractive Industries, Human Rights, and the Home State Advantage (Routledge, 2014).

Simons, Penelope. “International Law’s Invisible Hand and the Future of Corporate Accountability for Violations of Human Rights” in L. Blecher, N.K. Stafford & G.C. Bellamy, eds., Corporate Responsibility for Human Rights Impacts: New Expectations and Paradigms (American Bar Association, 2014) 79–120.

St-Hilaire, Gabrielle, “A Ponzi Scheme Can be a Source of Income,” (2013) 23 (no. 9) Can. Current Tax 97.

St-Hilaire, Gabrielle, “Donation schemes: Does it Matter Who Provides the Benefit?” (2013) 23 (no. 7) Can. Current Tax 73.

Steger, Debra (ed.). The World Trade Organization (Routledge 2014).

38 The University of Ottawa Faculty of Law, Common Law Section commonlaw.uOttawa.ca 39 Annual Report Bibliography: Presentations in 2013–14

Presentations in 2013–14

Bailey, Jane, “Canadian Courts and Technology: An Overview”, to be Bakht, Natasha, “In Your Face: Niqab-Wearing Women in Canada presented at Cyberjustice Laboratory Summer School, Université de and Beyond”, lecture for The Diversity and Equity Research Group, Montréal (12 June 2014). Roundtable Discussion, University of Ottawa, March 3, 2014.

Bailey, Jane, Jacquelyn Burkell and Graham Reynolds, “Mind Your Bakht, Natasha, “Quebec Charter of Values: The Legal and Social Conceptions: Access to Justice and Technology” to be presented at Implications of Bill 60” panelist, Muslim Law Students Association, Law and Society Association Conference, Minneapolis, Minnesota University of Ottawa, February 18, 2014. (May 2014). Bakht, Natasha, “The Niqab in Canada: A Study on the Practice of Bailey, Jane et al (Valerie Steeves and Bailey, J), “Living in the Mirror: Muslim Veiling”, invited panelist, Noor Cultural Centre, Toronto, Understanding Young Women’s Experiences with Online Social Ontario January 19, 2014. Networking” to be presented at 6th Biennial Conference of the Surveillance and Society, University of Barcelona, Spain (April 2014). Bakht, Natasha, “R v NS: Niqab-Wearing Women and Sexual Assault in Canada” lecture for National Law University, New Delhi, India, Bailey, Jane, “The Cyberbullying Debates in Canada”, presented at November 19, 2013. University of Hong Kong (April 2014). Bakht, Natasha, “An Indecent Proposal? Considering the Quebec Bailey, Jane and Valerie Steeves, “A Perfect Storm: How the Online Charter of Values”, invited panelist, , Ottawa, Environment, Social Norms, and Law Constrain Girls’ Online Lives”, to September 24, 2013. be presented at eGirls, eCitizens: Putting Theory, Policy & Education into Dialogue with the Voices of Girls and Young Women, University Cairns-Way, Rosemary, “Deliberate Disregard: Judicial Appointments of Ottawa (28 March 2014). under the Harper Government”, Osgoode Hall Constitutional Cases Conference (April 2014). Bailey, Jane, “When the Label Obscures the Problem(s): An Analysis of Canadian Federal Parliamentary Debates About ‘Cyberbullying” Chandler, Jennifer, “A moral responsibility to maintain one’s own Annie Macdonald Langstaff Workshop, McGill University, Montreal capacity for moral responsibility?” (Presentation at the Cambridge- (15 January 2014). ICM Neuroethics Network, Institut du Cerveau et de la Moelle Epiniere, CHU Pitie-Salpetriere, Paris, June 19–20). Bailey, Jane, “Filling an equality gap?: the role of privacy in AB v. Bragg” Defining the Legal Line: Youth, Cyber Bullying & Wellbeing, McGill Chandler, Jennifer, “Cognitive enhancement and judicial ethics,” University, Montreal (20 November 2013). (Presentation at Bioethics and Human Enhancement, International Workshop on Practical Ethics, University of Granada, Spain, June Bailey, Jane, “Privacy in service of equality?: online sexualized bullying in 16–17, 2014) AB v. Bragg” Queen’s Feminist Legal Studies Speaker Series, Queen’s University (1 November 2013). Chandler, Jennifer, “Comments on chronic pain, “psychogenic pain,” emotion and the law” (Invited presentation at Imaging Brains, Bailey, Jane, “Filling an equality gap?: the role of privacy in AB v. Bragg” Changing Minds: Chronic Pain Neuroimaging and the Law, University Status of Women Canada Workshop on Cyberbullying and Online of Maryland School of Law, Baltimore, April 24–25, 2014). Sexual Exploitation in the Lives of Girls and Women, Ottawa (7 October 2013). Chandler, Jennifer, “Human rights, interests and consciousness: Covert awareness in brain damaged patients” (Presentation at Technology, Bailey, Jane, “Online Sexualized Bullying through an Equality Lens: Law and the Public Interest: Regulating Technology for the Common Missed Opportunity in A.B. v Bragg?” presented at Law & Society Good, Hong Kong University, Hong Kong, April 10–11, 2014). Association Conference, Boston Mass (1 June 2013). Chandler, Jennifer, CIHR Café Scientifique “Consider the Consequences: Bailey, Jane, “Cyberbullying and Structural Inequality” to be presented The ethics of new and emerging health technologies” (Ottawa, at Clicks and Stones: Cyberbullying, Digital Citizenship and the Challenges March 31, 2014). of Legal Response, University of Toronto (3 May 2013). Chandler, Jennifer, “Coerced metamorphosis: Consent to rehabilitative Bailey, Jane, “Cogs in the wheel of economic progress?: Claims-making treatment in criminal law” (Invited presentation, Brain Matters, about girls and technology in Canadian policy discourse” to be National Core for Neuroethics, UBC, March 13–14, 2014). presented at Greenberg Lecture Series, University of Ottawa (20 February 2013). Chandler, Jennifer, “Public reactions to media reports of the use of fMRI to communicate with Scott Routley, a Canadian in a persistent Bakht, Natasha, “Recognizing and Responding to the Seeds of Religious vegetative state” (Abstract, Annual Meeting of the International Intolerance: The Case of Niqab-Wearing Women in Canada” Invited Neuroethics Society, November 8, 2013, San Diego). panelist, 4th Annual Parliamentary Forum on Religious Freedom, Ottawa, Ontario, May 26, 2014. Chandler, Jennifer, “Deep brain stimulation: Neurosecurity and side effects” (Invited presentation, Invisible Harms: A Global Perspective, Bakht, Natasha, “Considering Religious Freedom in the Context of University of Pennsylvania, November 14 2013, Philadelphia). Medical Services”, lecture for Faculty of Medicine, University of Ottawa, April 3, 2014.

40 The University of Ottawa Faculty of Law, Common Law Section commonlaw.uOttawa.ca Chandler, Jennifer, “Are we our brains? Three suggested legal conse­ Gruben, Vanessa “Health Care Workers and the Seasonal Influenza quences of neuroessentialism” (Invited presentation, Roundtable Vaccine: A Legal Perspective” Canadian Public Health Association “We are our brains” Peter Wall Institute for Advanced Studies, UBC, Annual Conference, Moving Public Health Forward; Evidence, Policy, October 24, 2013, Vancouver). Practice, Ottawa, June, 2013.

Collins, Lynda, August 14, 2013: invited presentation, “An introduction Gruben, Vanessa “The Cuts to the Interim Federal Health Program: to environmental litigation”, Avenir Jeuness-Youth Futures, uOttawa A Violation of Canada’s Constitutional & International Human Rights Obligations?” Faculty of Medicine, University of Ottawa, Collins, Lynda, October 8, 2013: “Tort Liability for Pharmaceuticals in February, 2014. Drinking Water”, Drugs in Drinking Water, International Bar Association Annual Conference, Boston Kerr, Ian “The Robot Will See You Now: Delegating Medical Decisions to Machines” presented at Law and the Machine, McGill University, Collins, Lynda, October 15, 2013: invited seminar, “A Precautionary April 24, 2014 Approach to Environmental Human Rights” Swansea University College of Law, Swansea, Wales, UK Kerr, Ian “The Prospect of Robot Experts” presented at Technology Law and the Public Interest, Hong Kong University, Hong Kong, Collins, Lynda, November 20, 2013: invited seminar, “Environmental April 11, 2014 Human Rights in the Presence of Scientific Uncertainty”, National Law University, Delhi India Kerr, Ian “Chief Justice John Roberts is a Robot” presented at We Robot III, Miami, April 5, 2014 (with Carissima Mathen) Collins, Lynda, January 10, 1014: invited seminar, “Aboriginal environ­ mental tort litigation”, Olthuis, Kleer, Townshend LLP, Toronto Kerr, Ian “Should We Trust Privacy to the Cloud? Lessons From Aristophanes” presented at Ottawa Law Review Symposium on Collins, Lynda, February 22, 2014: Introductory remarks, Our Environ­ Cloud Computing, Ottawa, February 27, 2014 ments panel, Graduate Law Students Annual Conference, uOttawa Kerr, Ian “Planet B and the Body EULA” presented at Industry Canada Collins, Lynda, March 10, 2014: Guest Lecture, “Tort Strategies for Roundtable, Ottawa, January 29, 2014 Addressing Climate Change”, CML 1105, Climate Change and Legal Change, uOttawa Kerr, Ian “The Answer to the Machine is in the Machine” presented at L’Expert Information Privacy and Data Protection Seminar, Collins, Lynda, March 13, 2014: Guest Lecture: “An introduction to the Toronto, December 9, 2013 science of toxic torts”, Science and Law, uOttawa Kerr, Ian “How Big Data Threatens Big Picture Privacy” presented at Collins, Lynda, April 11, 2014: “Causation tests in Climate Litigation”, L’ Expert Information Privacy and Data Protection Seminar, Montreal, webinar Who Caused Climate Change, West Coast Environmental November 14, 2013 Law Centre, Vancouver Kerr, Ian “Unpacking the ‘Nothing to Hide’ Argument” presented at Currie, John, “Celebrating 50 Years of the Canadian Yearbook of Surveillance Panel for Torys Speakers Series, University of Ottawa, International Law/Annuaire canadien de droit international”, 42nd Faculty of Law, Ottawa, October 16, 2013 Annual Conference of the Canadian Council on International Law, Ottawa, 15 November 2013. Kerr, Ian “Crystal Ball Gazing: The Future of Privacy” presented at Privacy and Access 20/20: A New Vision for Information Rights, Feldthusen, Bruce, Tort Liability of Public Authorities, 10th Annual Vancouver, October 11, 2013 Conference on Crown Liability (Feb. 11, 2014) Kerr, Ian “How Privacy Has Changed” presented at Privacy and Forcese, Craig, “The Day in Court: Litigation as a Tool of Access 20/20: A New Vision for Information Rights, Vancouver, Accountability in National Security,” CASIS Annual Symposium, October 11, 2013 Ottawa, November 2013. Kerr, Ian “The Future Is So Bright, I Gotta Wear Shades” presented at Forcese, Panel “Who Is Watching the Watchers?”, uOttawa, Navigate 2013, International Association of Privacy Professionals, November 2013. Portsmouth, Maine, June 21, 2013

Gilbert, Daphne, “Physician Obligations to Pregnant Clients: Ethical Kerr, Ian “Reflections on Privacy Substitutes” presented at Privacy Law Issues around Counseling and Abortion”, November 2013 (Ottawa) Scholars Conference, University of California at Berkeley, June 6, 2013

Gilbert, Daphne “The Geography of Animal Rights”, October Kerr, Ian “The Devil is in the Defaults” presented at the Ontario Court 2013 (Ottawa) of Appeal Annual Retreat, Niagara Falls, May 31, 2013

Gilbert, Daphne “Abortion Rights in Context: Canadian and American Kerr, Ian “Glassbackwards: Personal Experience Capture and Some Perspectives on the Irresolvable Dilemma”, November, 2013 Ottawa. Lessons from Vannevar Bush, IAPP Canada, Tornoto, May 23, 2013

41 Annual Report Bibliography: Op-eds and Commentary in 2013–14

LaViolette, Nicole. “Key Issues Relating to Refugee Claims Based on Salyzyn, Amy, “Ethical Infrastructure in Canadian Law Firms” Sexual Orientation and Gender Identity”, Workshop on Asylum Issues University of Toronto Program on Ethics in Law and Business, Relating to Gender, Sexual Orientation and Gender Identity, Inter­ Conference on Ethical Issues in the Law Firm Setting, January 16, governmental Consultations on Migration Asylum and Refugees 2014 (Munk Centre, University of Toronto). (ICG), Geneva, 6–7 November 2013. Salyzyn, Amy, “Ethical Infrastructure and Canadian Lawyers” Canadian LaViolette, Nicole. “Sexual and Gender Non-Conformity: What Refugee Association for Legal Ethics Annual Conference and Meeting. Professionals Need to Know and Do” United Nations High Commission October 25–26, 2013 (College of Law at the University of for Refugees, Amman, Jordanie, 13–14 novembre 2013. Saskatchewan, Saskatoon).

LaViolette, Nicole. “Sexual Orientation, Gender Identity and the Salyzyn, Amy, “Can We Liberalize Regulation and Still Protect Legal Refugee Determination Process in Canada”, Refugee Protection Ethics? Law Society of Upper Canada, Symposium on Alternative Division, Immigration and Refugee Board of Canada, Toronto, May Business Structures, October 4, 2013 (Toronto, Ontario). 2013; Vancouver, June 2013; and Montreal January 2014. Scassa, T. “Role of IP in Shaping Public Participation in the Geoweb”. Mathen, Carissima, “The Senate’s Original Intent”, Public Law Group Presentation at the annual meeting of the Association of American Forum on the Senate and Senate Reform, November 5, 2013 Geographers, Tampa Florida, April 10, 2014.

Mathen, Carissima, “Are Women Bad for Multiculturalism?” Scassa, T. “Interdisciplinary Approaches to Intellectual Property Law”, Patricia Allen Memorial Lecture, McGill University Faculty of Law, presentation at the book launch for Intellectual Property for the November 20, 2013 21st Century: Interdisciplinary Approaches, University of Ottawa, Ottawa, March 5, 2014. Mathen, Carissima, “Chief Justice John Roberts is a Robot”, WeRobot, University of Miami, April 5, 2014 (discussant: Jack Balkin, Yale) (with Scassa, T. “Open Government: Intellectual Property and Other Ian Kerr) Considerations”, presentation at Geospatial Advancement Canada, Ottawa, ON, March 5, 2014. Mendes, Errol, “Free, Prior and Informed Consent, the UN Human Rights Framework and Extractive Sector Governance” North South Institute’s Scassa, T. “Open Transit Data and Citizen Driven Change”, presentation International Conference on Governing Natural Resources for Africa’s at Smart Law for Smart Cities conference, Fordham Law, New York, Development” June 7, 2013. February 28, 2014.

Mendes, Errol, “The Transformation of the Rule of Law into the Rule by Scassa, T. “Sur le marketing insidieux”, presentation as part of seminar Law in China” 4th International Human Rights Education Conference, series Les ateliers interaxes, Université de Montréal, Centre de November 21–26, 2013, (Taipei, Taiwan) recherche en droit public, February 19, 2014.

Mendes, Errol, Keynote Speech “China-Canada Dialogue on Legal Scassa, T. “Technology and Intellectual Property”, panel presentation Pluralism, Rule of Law and Human Rights, Learning from Each Other” at Law Society of Upper Canada, 18th Annual IP Year in Review, International Conference organized by Faculty of Social Science Ottawa, Ontario, January 17, 2014. and Faculty of Law, University of Ottawa, October 4–5, 2013. Scassa, T. “Privacy and Open Government”, presented at Symposium Mendes, Errol “Combating the tragic flaw in Global Governance, Human “International Reactions and Responses to the Snowden/NSA Dilemma”, Rights and International Law; Canada and the Canadian Champions” Asia-Pacific Cyberlaw, Cybercrime and Internet Security Research Harvard University, Weatherhead Center, November 4, 2013. Institute, Waseda University, Tokyo, Japan, December 14, 2013.

Oliver, Peter, “The Federal Spending Power”, Lecture at the 30th Scassa, T. “The UGC Exception: Copyright for the Digital Age”, Constitutional and Administrative Law Conference, Justice Canada, presentation at the launch conference for The Copyright Pentalogy: Library and Archives Building, Ottawa, 9 May 2013. How the Supreme Court of Canada Shook the Foundations of Canadian Copyright Law, University of Ottawa, October 4, 2013. Salyzyn, Amy, “Ethics and the Family Law Lawyer” The Annual Institute of Family Law Conference, Forthcoming, April 11–12, 2014 Scassa, T. “Privacy and Media”, Plenary panel, 4th Annual Access to (Montebello, Quebec). Information and Privacy Law Symposium of the Canadian Bar Association, Ottawa, ON, September 27–28. Salyzyn, Amy, “The Ethics of Demand Letters: Zealous Advocacy or Shakedown?” Professionalism Speaker Series Lecture, University of Scassa, T. “Data, Maps, Location and Law”, presentation with Ottawa, March 12, 2014. Tracey Lauriault as part of the CIPPIC Summer Workshop Series, July 10, 2013. Salyzyn, Amy, “Can We Liberalize Regulation and Still Protect Legal Ethics?” Law Society of Upper Canada, Alternative Business Sheehy, Elizabeth, “Defending Battered Women on Trial by Elizabeth Structures for the Delivery of Legal Services, Program for Benchers, Sheehy: Voices in Response”, Shirley Greenberg Lecture Series, January 22, 2014 (Toronto, Ontario). February 18, 2014

Sheehy, Elizabeth, “Defending Battered Women on Trial”, Vancouver Rape Relief and Women’s Shelter, Montreal Massacre Memorial, Vancouver, BC, November 30, 2013

42 The University of Ottawa Faculty of Law, Common Law Section commonlaw.uOttawa.ca Sheehy, Elizabeth, “Battered women’s wrongful convictions”, VanDuzer, J. Anthony, “Investing in Development: Integrating Human Association in Defence of the Wrongfully Convicted, 20th Rights and Sustainable Development into International Investment Anniversary Conference “Back to the Future”, Toronto, ON, Agreements,” Hyman Soloway Lecture, and joint presentation of November 23, 2013 International Law Speaker Series and Environmental Law Speaker Series (Ottawa). Sheehy, Elizabeth, “Medical Issues Confronting Battered Women on Trial”, Ontario Family Practice Nurses’ Association, Ottawa, ON, VanDuzer, J. Anthony, “NAFTA’s Approach to Public Services” presented October 19, 2013 at Beyond the Single Market – External and international dimensions of services of general interest in EU law (Friedrich-Alexander-Universität) Sheehy, Elizabeth, “Access to Justice for Battered Aboriginal (Erlangen, Germany)(forthcoming in conference volume). Women on Trial”, Annual Meeting for the E Fry Society of Whitehorse, Whitehorse, YK, October 7, 2013

Sheehy, Elizabeth, “Feminist Litigation in R v Ryan: High Hopes; Dashed Dreams”, Annie MacDonald Langstaff Workshop, McGill University Faculty of Law, Montreal, QC, March 15, 2013

Simons, P. “Home State Regulation to Ensure Accountability of Corporate Actors in Zones of Weak Governance: Theoretical Challenges”, at the conference, “Building a research network on ‘Companies, conflict and human rights’”, International Catalan Institute for Peace (ICIP), Barcelona, January 17–18, 2013.

Simons, P. “Do Corporate Social Responsibility Principles Have a Place in Trade and Investment Law?”, Canadian Bar Association International Law Conference, Ottawa, June 7, 2013.

Simons, P. “The Governance Gap: Extractive Industries, Human Rights and the Home State Advantage – Issues with Regulatory Theory and Voluntary Codes”, Canadian Council of International Law, Ottawa, November 16, 2013.

Simons, P. “The Governance Gap: Extractive Industries, Human Rights and the Home State Advantage”, Department of Justice – War Crimes Section, Ottawa, November 21, 2013.

Simons, P. “Bringing Transnational Human Rights Claims in Canadian Courts”, Osgoode Workshop on Corporate Accountability, , Toronto, March 21, 2014.

Simons, P. “The Governance Gap and Corporate Accountability”, Amnesty International Local Group 56, Amnesty International Canada Headquarters, Ottawa, April 9, 2014.

Simons, P & A Macklin, “The Governance Gap: Extractive Industries, Human Rights and the Home State Advantage”, Ryerson University’s Institute for the Study of Corporate Social Responsibility, Ted Rogers School of Management, Toronto, April 14, 2014.

VanDuzer, J. Anthony, “The Canada-China Investment Relationship” Sino-Canadian Law Students Association (Ottawa)

VanDuzer, J. Anthony, Canadian Council for International Cooperation, Workshop on International Investment Agreements (Ottawa)

VanDuzer, J. Anthony, Co-chair, Chair and speaker, Roundtable on Collaborative Cross-border Teaching, at “Re-Energizing North America: Pipelines and policy” North American Consortium on Legal Education Workshop at University of British Columbia (Vancouver, B.C.).

VanDuzer, J. Anthony, “The Role of the Provinces in International Trade: the Constitutional Context,” Canadian Council on International Law Annual Conference (Ottawa). Op-eds and Commentary in 2013–14

Bakht, Natasha et al. “The Misplaced Moral Panic at York University” Mathen, Carissima, “The Nadon ruling hits like an earthquake”, The Toronto Star (online) January 23, 2014. The Ottawa Citizen (March 21, 2014).

Forcese, Craig. “10 Questions about Canada’s Internet Spying,” Oguamanam, Chidi. Invited guest contributor to IPOsgoode: Globe and Mail (on-line) (June 11, 2013). “Talking ‘Open Innovation’ in Plant Genetic Resources on Food and Agriculture”, . too far?” Globe and Mail (Online) (Feb 27, 2014). Oguamanam, Chidi. “African Leaders and the International Criminal Kerr, Ian “Keep Killer Robots Fictional” Ottawa Citizen, April 27, 2014. Court I” The Punch Newspaper (October 21, 2013).

LaViolette, Nicole “Thursday Thinkpiece: LaViolette on Sex, Oguamanam, Chidi. “African Leaders and the International Criminal Gender and Refugee Determination” (25 avril 2013) online: Slaw Court II”, The Punch Newspaper (October 22, 2013). ‹http://www.slaw.ca/2013/04/25/thursday-thinkpiece-laviolette -on-sex-gender-and-refugee-determination/›. Oguamanam, Chidi. “Africa: Charting the Course for Intellectual Property”, University Word News (March 28, 2014). Mendes, Errol, “Intervening in Syria would be illegal, it would also be right” Globe and Mail, (Online) May 1st, 2013 Oguamanam, Chidi. “Russia, Ukraine and Crimea: Africa’s Dilemma”, The Punch Newspaper (April 22, 2014). Mendes, Errol “Is Ottawa losing another crucial whistleblower” Globe and Mail (Online) January 23, 2013 Sheehy, Elizabeth, “Are battered women justified in killing in self- defence? You decide” The Ottawa Citizen (18 December 2013) A13 Mendes, Errol “Corruption in Africa, corruption in Canada, Different Scale, Same Problem” Globe and Mail (Online) July 1, 2013. Sheehy, Elizabeth, “The law, and history, speak for themselves” The National Post (17 December 2013) A12 Mendes, Errol “Restoring Trust in the Senate” Ottawa Citizen, January 29, 2014. Sheehy, Elizabeth and Carissima Mathen, “Battered women’s defences still in question” The Ottawa Citizen (18 January 2013) Mathen, Carissima, “Living Originalism”, National Magazine (December 9, 2013). Sheehy, Elizabeth, “Bail and Violence Against Women” CBC Sunday Edition (27 January 2013). Mathen, Carissima, “In Bedford, Supreme Court says do no harm”, The Ottawa Citizen (December 20, 2013).

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