Lisa Austin
Associate Professor

Jackman Law Building 464
78 Queen's Park

Tel.: 416-946-7447

Lisa Austin, BA &Sc (McMaster) 1994, MA (Toronto) 1995, LLM (Toronto) (1998), PhD (Toronto) 2005, called to the Bar of Ontario in 2006, is an Associate Professor. Prior to joining the faculty, she served as law clerk to Mr. Justice Frank Iacobucci of the Supreme Court of Canada.

Professor Austin's research and teaching interests include privacy law, property law, and legal theory. She is published in such journals as Legal TheoryLaw and PhilosophyTheoretical Inquiries in Law, Canadian Journal of Law and Jurisprudence, and Canadian Journal of Law and Society. She is co-editor (with Dennis Klimchuk) of Private Law and the Rule of Law (Oxford University Press, 2015), in which distinguished Canadian and international scholars take on the general understanding that the rule of law is essentially only a doctrine of public law and consider whether it speaks to the nature of law more generally and thus also engages private law.

Professor Austin's privacy work has been cited numerous times by Canadian courts, including the Supreme Court of Canada. She is also active in a number of public policy debates in Canada. Most recently, she collaborated on a report for the Office of the Privacy Commissioner of Canada entitled Seeing Through the Cloud: National Jurisdiction and Location of Data, Servers, and Networks Still Matter in a Digitally Interconnected World. Previous policy work includes consulting for the Canadian Judicial Council on their Model Policy for Access to Court Records in Canada

Professor Austin is currently a member of the International Advisory Panel for the American Law Institute's project, Restatement of the Law (Fourth), Property

Selected Publications

“Technological Tattletales and Constitutional Black Holes: Communications Intermediaries and Constitutional Constraints” Theoretical Inquiries in Law, forthcoming.

“Towards a Public Law of Privacy: Meeting the Big Data Challenge” (2015) 71 Supreme Court Law Review (2d) 527.

 Private Law and the Rule of Law (Oxford, 2014) (edited with Dennis Klimchuk)

“Enough About Me: Why Privacy is About Power, Not Consent (or Harm)” in Austin Sarat, ed., A World Without Privacy?: What Can/Should Law Do (Cambridge, 2014).

“Property and the Rule of Law” (2014) 20 Legal Theory 79.

“Possession and the Distractions of Philosophy” in J.E. Penner and Henry Smith, eds., Philosophical Foundations of Property Law (Oxford, 2013).

"Getting Past Privacy? Surveillance, the Charter, and the Rule of Law” (2013) 27 Canadian Journal of Law and Society 381-398

“Privacy and the Question of Technology” (2003) 22 Law & Philosophy 119.

Research interests
Charter of Rights
Legal Theory
National Security Law and Anti-Terrorism Law
Privacy Law
Property Law