Queen’s LawREPORTS Research teams in!uence policy and law reform Surveillance Project Child Witness Project Global Refugee Research Queen’s Law launches Ph.D. program Alumni in academia SUMMER 2008 CONTENTS Queen’s LawREPORTS 7 10 13 Queen’s Law Reports is published annually by QUEEN’S FACULTY OF LAW QUEEN’SLAWLAUNCHESPH.D.PROGRAM Macdonald Hall 4 Queen's a!rmed its commitment to excellence as a research institution Queen’s University this year by establishing a doctoral degree program and appointing its "rst Kingston ON Canada K7L 3N6 Associate Dean of Graduate Studies and Research. Tel: (613) 533-6000, ext. 74259 Fax: (613) 533-6611 Email: [email protected] Website: http://law.queensu.ca/ RESEARCHTEAMSINFLUENCEPOLICY 5 ANDLAWREFORM Editorial Credits 7 Professor Cockfield: Who’s watching the watchers? Surveillance Project casts a wary eye on the Information Age CO!EDITORS Lisa Graham 10 Professor Bala: Child proof Manager of Records, Registration and Communications Project examines the competency and credibility of children Deanna Morash Assistant Dean of Career Services and Alumni Relations 13 Professor Aiken: Justice without borders Network seeks to reclaim refugee settlement rights CONTRIBUTORS Dana Tye Rally Contributing Editor ALUMNIINACADEMIA Dianne Butler 16 H. Patrick Glenn, Law ‘65 Alumni Relations Coordinator Ronald McCallum, LL.M. ‘74 Robert B. Marks Denise Réaume, Law ‘80 Freelance Editor Gillian Ready Assistant Dean of International Programs ARECORDYEARFORRESEARCH Nancy Somers 28 FUNDINGFORQUEEN’SLAWPROFESSORS Manager, Academic Programs STUDENTWRITERS/RESEARCHERS DEAN’SMESSAGE Sarah Buski, Law ‘09 1 Daniel Chodos, Law ‘08 2 ACADEMICEXCELLENCE Chris Missiuna, Law ‘10 Meredith Rady, Law ‘10 18 GLOBALPERSPECTIVES 22 CONFERENCESANDSYMPOSIA *page 35 covers reprinted by permission of Carswell, 24 SCHOOLNEWS a division of Thomson Canada Limited CONVOCATION - SPRING 2008 26 DESIGN + PRODUCTION 28 FACULTYFOCUS Queen’s Creative Services 36 SUPPORTINGEXCELLENCE 48 ALUMNIFOCUS 54 INMEMORIAM 55 ALUMNINOTES DEAN’SMESSAGE A major indicator of research quality From our castle programs to our is the amount of funding a university international internships, Queen's Law faculty can attract from the Social is already a national leader in bringing Sciences and Humanities Research global perspectives to the study of law, Council (SSHRC), Canada’s leading and our new programs bring us closer federal agency funding university to our ambition of becoming known as research. Although our faculty “Canada’s Global Law School.” represents only four per cent of the total faculty numbers at Queen's Honour Roll of Donors University, more than 20 per cent of We have included in this year’s mong our many achievements in the university’s SSHRC funding this Queen's Law Reports our annual 2007-08, the April launch of the year was awarded to the law school. A Honour Roll of Donors (see page 38), David Mullan Entrance Scholarship Our new Ph.D. program was listing all donations to the law school ranks at the top. With the generous approved this year, and we will be over the last two years. We are most support of our alumni and friends, admitting our first doctoral students grateful to our many donors, and we we raised more than $1.1 million in in 2009-10. This is another milestone are committed to doing even more to pledges. The Mullan Scholarship is our for our school, and one that reflects build support for our school. first merit-based renewable entrance our goal of placing among Canada’s scholarship, and we were delighted to You may not know that for the past top research-intensive law schools. name it after one of Queen's Law’s several years, the province has capped most beloved professors and scholars. tuition fees at Queen's Law. Our fees International Programs At the launch, we introduced our first are 25 to 40 per cent lower than the two “Mullan Scholars.” Both of these Our international programs continue fees permitted at the two Toronto law exceptionally talented students will be to grow, including new student schools, creating a huge disparity in awarded a $5,000 scholarship in each exchanges with the University of resources. Alumni support is the only year of law school (see pages 36-37). Tel Aviv and Chulalongkorn Law way that we can begin to close this School in Thailand. Our popular gap. I am most grateful to our donors Research Excellence international law programs at the for taking the lead over the last few Queen's University International years in supporting the law school. In this year’s Queen's Law Reports, Study Centre in the U.K. will expand Queen's Law needs your help more we highlight a few examples of our next year to include a new program than ever if we are to provide faculty’s research that is significantly in Comparative Law. Our visitors competitive, first-class programs influencing law and public policy, program continues to feature a wide and opportunities for our students. both nationally and internationally. variety of nationally and internation- Our faculty members are making a I want to thank all of our loyal alumni ally recognized scholars, and we difference on issues including privacy for your ongoing interest in Queen's have once again attracted leading rights, assessing the reliability of child Law, and I look forward to continuing international visiting scholars to witnesses and global refugee research to work with you in support of our teach short, intensive courses. Our (see pages 5-15). school. new faculty members include Darryl I am pleased to report that 2008 marks Robinson, who is highly regarded a record year for external research for his scholarship in international funding at Queen's Law. criminal law. Bill Flanagan Dean of Law Queen’s Law Reports 1 ACADEMICEXCELLENCE QUEEN’SLAWRECOGNIZESEXCELLENCEINTEACHING,RESEARCHANDSCHOLARSHIP Defence lawyers to law-and-order legislation, Professor LSS Special Lecturer honour Don Stuart Stuart has made a significant contribu- (Sessional) Teaching Awards tion, not only to the administration of Co-instructors Scott Hutchison justice in Kingston, but in Canada," of Stockwoods LLP and Paul Burstein Hodgson said. of Burstein, Unger, Barristers won "Defence counsel play a vital role the 2007 winter term award. Trial in achieving justice and often work Advocacy students valued their under difficult and under-appreciated practical tips and critiques. circumstances," Stuart said in his For the 2007 fall term, David acceptance speech. "I am honoured to Stratas, Law ’84, a partner at Heenan receive this award." Blaikie LLP, received the award for a record sixth time. Advanced Constitu- Don Stuart receives the 2007 Phil Baker Award from Dan Scully, Law ’91, defence Students recognize tional Law students appreciated his lawyer and former KCDLA President, at teaching excellence inspirational teaching style, which the Radisson Harbourfront in Kingston. provoked them to think creatively Paula Haskin about the constitution. “I was blessed with the most wonderful students Professor Don Stuart received the 2007 who challenged me, who rose to the Phil Baker Award from the Kingston occasion, who progressed so very far,” Criminal Defence Lawyers' Associa- Stratas said. “It was an absolute tion (KCDLA) in December 2007. The privilege to teach them.” award recognizes Stuart's defence of the Charter of Rights and Freedoms, and BLG Research by extension of defence counsel, in the LSS President Je!rey Fung, Law ’08, and Fellowship awarded face of judicial and governmental Dean Bill Flanagan with Professor Erik Knutsen and David Stratas, Law ’84, pressure. two of the "ve 2007 teaching award "In a year that saw increasing pres- recipients, at the awards reception on sure from a ‘law and order govern- April 7. Alison Josselyn ment’ seeking easy votes, as well as very critical public comments by mem- The recipients of the 2007 Law bers of the judiciary, including sitting Students’ Society (LSS) teaching awards, members of the Ontario Court of who were nominated by students and Appeal, there is a real concern that selected by a student committee, were basic rights guaranteed by the Charter announced on April 7, 2008. Trisha Simpson, Law ’10, and Professor will be constricted," said Matt Hodg- Cherie Metcalf, Law‘02 LSS Awards for Teaching Excellence Bernard Clark son, Law ‘96, KCDLA President. Professor Erik Knutsen won the Trisha Simpson, Law ‘10, was Stuart has expressed these concerns 2007 winter term award. Students selected to work with Professor Cherie in the media and in the recent article, appreciated his work in making Civil Metcalf this summer as Queen's Law’s "Criminal Justice is Better Balanced Procedure interesting and fun, through 2008 BLG Research Fellow. Trisha will under the Charter", in the Law Times. his practical focus, enthusiasm and assist Metcalf with a project entitled, Named after Phil Baker, a long- humour. “Nothing could mean more time Kingston judge, the award is to me,” Knutsen said. “I love my job – “The (Ir)relevance of Constitutional given to a person who, while display- I think that probably shows.” Protection for Property Rights?: Com- ing integrity, compassion, and good Professor Larissa Katz received pensation for Takings in Canada and humour, has made a significant contri- the fall 2007 award. Property students the United States.” bution to the administration of crimi- were impressed with her clarity in The Faculty chose Metcalf’s research nal justice in the Kingston community. presenting and analyzing material, project to receive funding from Borden "In defending the Charter protec- effective use of real-life examples and Ladner Gervais LLP’s $1-million national tions afforded an accused, arguing for responsiveness. “Queen's Law has a Research Fellowship program, which increased funding for Legal Aid, and truly unique faculty-student dynamic provides students with opportunities to providing a cogent public argument that has made teaching here its own conduct research under the supervision against all-too-easy political pandering reward,” Katz said.