What Counts As Evidence in the Polarized Euthanasia/Assisted Dying Debate: Lessons from a Belgian Criminal Case

In the context of the rapidly expanding, largely unbridled, #euthanasia #MAID practice in Canada, some MAID expansionists continue to deny that there are problems, notwithstanding accumulating reports of euthanasia for lack of social support and adequate health care. They often employ the rhetoric of 'anecdotes are not evidence', with some even naively pointing to a lack of successful prosecution. A critical analysis of a unique Belgian criminal case involving euthanasia by colleagues Marc De Hert, Sien Loos, Sigrid Sterckx,  Eric Thys, and Kristof Van Assche of the Universities of Leuven, Antwerpen, and Gent, is in that context uniquely valuable. See hereafter my JOTWELL review discussing why it should be read, particularly also in the context of the Canadian debate:

Parliament is not forced by the courts to legalize MAID for mental illness : Law Professors' Letter to Cabinet

Justice Minister David Lametti announced today the introduction of a bill which would delay by one year, until March 2024, the scheduled implementation of MAID for sole reasons of mental illness. Until today, the federal government had repeatedly suggested it was bound by 'the courts' to expand MAID and to make MAID also available for persons whose sole underlying medical condition is mental illness. Minister Lametti even stated in an interview for a recent investigative documentary of CBC's The Fifth Estate, which revealed troubling components of the current MAID practice, that the Supreme Court had recognized 'a right to suicide' and that MAID was a 'species of suicide'. He made similar statements in an interview for a podcast with Althia Raj of the Toronto Star. With some colleagues of other law faculties, we drafted a letter to Prime Minister Trudeau, Ministers Lametti, Duclos, Qualtrough and Bennett, to challenge this problematic and in our view unfounded rhetoric of 'our hands are tied by the courts'.

Kate Mitchell

SJD Candidate
Thesis title:
Comparing the Levers of Prison Law Reform in Canada and the United States
Office in Falconer Hall
84 Queen's Park
Toronto, M5S 2C5
Tel:
236-334-6034
Education
Master of Laws - University of California, Los Angeles (UCLA) (2021-2022)
Juris Doctor - Queen's University (2014-2017)
Master of Public Administration - Queen's University (2014-2015)
Bachelor of Arts - Dalhousie University (2011-2014)
Awards and Distinctions
Canada Graduate Scholarship - Doctoral (CGS-D) (2022-2025)
C. David Naylor University Fellowship (2022-2023)
University of Toronto Centre for Ethics Doctoral Fellow in Ethics (2022-2023)
UCLA Dean's Tuition Fellowship (2021-2022)
Torkin Manes LLP Academic Excellence & Community Service Award (2017)
Fred S. Fountain Scholarship (2011-2014)
Lockward Scholarship (2011-2014)
H.C. (Kip) Roberts Scholarship (2014)
Margaret Nicholl Pond Memorial Award (2014)
Professional Affiliations
Member, Law Society of Ontario
Member, Canadian Prison Law Association
Research Interests
Administrative Law
Canadian Constitutional Law
Charter of Rights
Comparative Law
Criminal Law 
Criminal Procedure and Evidence
Judicial Decision-Making
Supervisor
Committee Members

Basema Al-Alami

SJD Candidate
Thesis title:
Inside the Courtroom: Litigating Islam and Muslimness in Canadian Entrapment Trials
Office in Falconer Hall
84 Queen's Park
Toronto, M5S 2C5

Basema Al-Alami is a doctoral candidate at the University of Toronto Faculty of Law. Her dissertation critically examines the landmark entrapment case of R v Nuttall, a singular instance in Canadian law where a defence of entrapment resulted in a stay of proceedings in a terrorism trial. This case serves as a crucial focal point for exploring the nuanced ways in which Islam and Muslimness are litigated within Canadian courtrooms. Through a comprehensive analysis of court archives, including transcripts, tapes, and motions, Basema's study unravels how the Canadian judicial system navigates and constructs Muslim identity in the context of terrorism-related trials. The research highlights the courtroom as a critical arena where the identities of Muslim individuals are dissected and interrogated, often leading to the problematic conflation of Muslimness with criminality. Basema's research reveals how such legal proceedings transcend the mere evaluation of the accused’s actions to question broader societal and cultural narratives surrounding Islam and Muslimness, mirroring and perpetuating existing prejudices and stereotypes. 

 

Education
Doctor of Juridical Science (S.J.D.) Candidate, University of Toronto Faculty of Law (Present)
Master of Laws (LL.M.), University of Toronto Faculty of Law (2022)
Juris Doctor (J.D.), Osgoode Hall Law School (2020)
Honours Bachelor of Arts (HBA), University of Toronto (2017)
Awards and Distinctions
Nathan Strauss Q.C. Graduate Fellowship in International Law (2022-2023)
University Of Toronto Fellowship - Law (2022-2023)
Nathan Strauss Q.C. Graduate Fellowship in International Law (2021-2022)
Benjamin Laufer Prize in International Law (2019-2020)
The Honourable N.W. Rowell Prize (2019-2020)
The Honourable N.W. Rowell Prize (2018-2019)
Dean's Graduation Award, University of Toronto (2017)
Joseph Alfred Whealy In-Course Scholarship (2016-2017)
University Of Toronto Scholar - Beatty (2015-2016)
The Erindale Admission Scholarships (2013-2014)
University Of Toronto Scholar (2013-2014)
Professional Affiliations
Centre for Criminology & Sociolegal Studies, University of Toronto
Canadian Association for Forced Migration and Refugee Studies
Other information

Conferences, Workshops, and Presentations (Selected)

Legal Contradictions: Identifying Iterations of Us versus Them, hosted by the Centre for Criminology and Sociolegal Studies at the University of Toronto (September 2023).

Interrogating Islamophobia in the ‘war on terror’ after two decades, hosted by the 12th National Conference of Critical Perspectives / Criminology & Social Justice in Ottawa (May 2023). 

United Nations Counter Terrorism Committee delegation visit to Canada, hosted by the Committee (February 2023). 

9/11 and the Canadian Settler Colony Conference, hosted by Windsor Law (October 2022). 

University of Toronto - Humboldt University Workshop, hosted by the Institute of Islamic Studies (September 2022).

Equity, Diversity & Inclusion (EDI) Taskforce, hosted by Humber College (July 2022).

 

 

Selected Publications

Basema Al-Alami, "Israel isn’t complying with the International Court of Justice ruling — what happens next?" (6 February 2024), online: The Conversation <https://theconversation.com/israel-isnt-complying-with-the-international....

Basema Al-Alami, "The global call for accountability in Germany, Namibia, and Canada" (25 January 2024), online: The Hill Times <https://www.hilltimes.com/story/2024/01/25/the-global-call-for-accountab....

Basema Al-Alami, "The humanitarian crisis in Gaza: a cry for humanity" (18 October 2023), online: Toronto Star <https://www.thestar.com/opinion/contributors/the-humanitarian-crisis-in-....

Basema Al-Alami. “Canadian law enforcement agencies continue to target Muslims” (12 July 2023), online: The Conversation <https://theconversation.com/canadian-law-enforcement-agencies-continue-t....

Lisa Forman, Basema Al-Alami & Kaitlin Fajber, “An Inquiry into State Agreement and Practice on the International Law Status of the Human Right to Medicines” (2022) 24:2 Health Hum. Rights 125.

Obiora Chinedu Okafor, Titilayo Adebola & Basema Al-Alami, “Viewing the International Labour Organization’s Social Justice Praxis  through a  Third World Approaches to International Law Lens: Some Preliminary Insights”, in George Politakis, et al. eds, ILO 100: Law for Social Justice (Geneva: International Labour Organization, 2019), online: <https://www.ilo.org/wcmsp5/groups/public/---dgreports/---jur/documents/p....

Nathan Innocente, Basema Al-Alami, Amanda Borthwick, Alfred Pepushaj, & Harmehr Sekhon. 2018. “The Teaching Opportunity Program: Integrating Undergraduate Students in Course Design, Assessment, and Teaching.” Society for Teaching and Learning in Higher Education annual conference, Sherbrooke, QC, June 19-22.

Research Interests
Criminal Law 
International Law
National Security Law and Anti-Terrorism Law
Supervisor
Committee Members

Judicial Discretion, Systemic Racism and the Morris Decision

The Black Law Students Association, Correctional Law Association, Criminal Law Students' Association, and International Commission of Jurists UofT Chapter present "Judicial Discretion, Systemic Racism and the Morris Decision".

This panel will occur by Zoom and will focus on judicial discretion and systemic racism in criminal law. Particular attention will be given to the R v Morris decision.

We have great panelists lined up for you, including Professor Kent Roach, Faisal Mirza and Jonathan Rudin!

The Implications of Facial Recognition Technology

The Implications of Facial Recognition Technology
An Investigation through the lens of Constitutional, Privacy, and Human Rights Law

Tuesday, February 15th from 12:30pm-2:00pm

 

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