All Publications

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Works Published

"Privacy and Private Law: The Dilemma of Justification" (2010) 55 McGill L.J. 165.

"Person Place or Thing? Property and the Structure of Social Relations" (2010) 60 U.T.L.J. 445.

"A Postmodern Defence of Universal Liberal Legal Norms" (2010) 23(1) Can. J. L. & Jur. 5.

"Control Yourself, or at Least Your Core Self" (2010) (30) Bulletin of Science, Technology & Society 26.

"Is Discretion the Last Refuge of Scoundrels? A Comment on Criminal Lawyers' Assn. v. Ontario (Ministry of Public Safety and Security)" (With Lorne Sossin) (2009) 55 Criminal Law Quarterly 323.

"The End of Individual Control Over Health Information: Governing Biobanks and Promoting Fair Information Practices" (with Trudo Lemmens) in Jane Kaye and Mark Stranger, Governing Biobanks (Farnham (UK): Ashgate, 2009) 243. 

Technology, Privacy and Justice (Canadian Institute for the Administration of Justice, 2007) (co-edited with Arthur J. Cockfield)

"Introduction - Overview of Technological Challenges to privacy and Security" (with Arthur J. Cockfield) in Lisa Austin and Arthur Cockfield, eds., Technology, Privacy and Justice (Canadian Institute for the Administration of Justice, 2007).

"Synthesis of the Comments on JTAC's Discussion Paper on Open Courts, Electronic Access to Court Records, and Privacy" (with Frédéric Pelletier) in Lisa Austin and Arthur Cockfield, eds., Technology, Privacy and Justice (Canadian Institute for the Administration of Justice, 2007).

"Patents on Genes: Indentifying Issues and Responses" (with Bita Amani) in Trudo Lemmens, Mireille Lacroix and Roxanne Mykitiuk, with contributions by Lisa Austin and Bita Amani, Reading the Future? Legal and Ethical Challenges of Predictive Genetic Testing (Montreal: Les Éditions Thémis, 2007).

"Information Sharing and the 'Reasonable' Ambiguities of s.8 of the Charter" (2007) 57 U.T.L.J. 499.

Reviewing PIPEDA: Control, Privacy and the Limits of Fair Information Practices” (2006) 44 C.B.L.J. 21. 

Is Consent the Foundation of Fair Information Practices? Canada’s Experience Under PIPEDA” (2006) 56 U.T.L.J. 181. 

One Step Forward or Two Steps Back? R. v. Tessling and the Privacy Consequences for Information Held by Third Parties” (2004) 49 Crim. L.Q. 22.

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

“Is Privacy a Casualty of the War on Terrorism?” in Ronald J. Daniels, Patrick Macklem, and Kent Roach (eds.) The Security of Freedom: Essays on Canada’s Anti-Terrorism Bill (Toronto: University of Toronto Press, 2001). 

"The Challenges of Regulating the Use of Genetic Information" (with Trudo Lemmens) (2001) 2 ISUMA 26-37.
 

Reports

"Brief of David Asper Centre for Constitutional Rights Regarding Privacy Investigations of the Information and Privacy Commissioner of Ontario." Submitted July 23, 2009. (With Research Assistant Kerri Lui, and Executive Director Cheryl Milne.) 

“Synthesis of the Comments on JTAC’s Discussion Paper on Open Courts, Electronic Access to Court Records, and Privacy.” (40 pages; co-author Frédéric Pelletier, Assistant Editor at CanLII and Research Officer at the University of Montreal’s Centre de recherche en droit public). Prepared on behalf of the Judges Technology Advisory Committee (JTAC) for the Canadian Judicial Council (CJC). (Approved of by the CJC in September 2005.) 

“Model Policy for Access to Court Records in Canada” (29 pages; co-author Frédéric Pelletier, Assistant Editor at CanLII and Research Officer at the University of Montreal’s Centre de recherche en droit public). Prepared in collaboration with the Judges Technology Advisory Committee (JTAC) for the Canadian Judicial Council (CJC). (Approved of by the CJC as its official policy in September 2005.) 

“Patents on Genes: Identifying Issues and Responses” (with Bita Amani), discussion paper prepared for the Provincial Advisory Committee on New Genetic Technologies. Toronto, Ontario, October 2001.

Also included as annex to "Legal and Ethical Challenges of New Predictive Genetic Testing. Report of the Legal and Ethical Subcommittee of the Provincial Advisory Committee on New Predictive Genetic Technologies (2003) (Co-Chairs of the Committee: T. Lemmens & R. Mykitiuk and authors/contributors: Mireille Lacroix, Lisa Austin, Bita Amani). 

“Of Volume, Depth and Speed: The Challenges of Genetic Information” (with Trudo Lemmens), discussion paper prepared for the Canadian Biotechnology Advisory Commission (CBAC), February 2001.

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