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Works Published

“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.

“Surveillance and the Rule of Law” (2015) 12 Surveillance and Society 295.

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

“Anti-Terrorism’s Privacy Sleight-of-Hand: Bill C-51 and the Erosion of Privacy” in Edward M Iacobucci and Stephen J Toope, eds., After the Paris Attacks: Responses in Canada, Europe, and Around the Globe (University of Toronto Press, 2015).

“Lawful Illegality: What Snowden Has Taught us About the Legal Infrastructure of the Surveillance State” in Michael Geist, ed., Law, Privacy and Surveillance in Canada in the Post-Snowden Era (University of Ottawa Press, 2015).

“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).

“Private Law and the Rule of Law: Introduction” (with Dennis Klimchuk) in Lisa M. Austin and Dennis Klimchuk, eds., Private Law and the Rule of Law (Oxford, 2014).

“The Power of the Rule of Law” in Lisa M. Austin and Dennis Klimchuk, eds., Private Law and the Rule of Law (Oxford, 2014).

“Lawful Access and the Discretion to Disclose” in Dieter Dörr and Russell L. Weaver, eds., Perspectives on Privacy: Social Networks and Increasing Regulation in European Countries (De Gruyter 2014).

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

"Pluralism, Context, and the Internal Life of Property: A Response to Hanoch Dagan" (2013) 63 U.T.L.J. 22-29.

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

“The Privacy Interest in Anonymous Blogging” in Dan Hunter, Ramon Lobato, Megan Richardson and Julian Thomas, ed., Amateur Media: Social, Cultural and Legal Perspectives (Routledge, 2012).

"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.

"Privacy, Consent, and Governance" (with Trudo Lemmens) in New Challenges for Biobanks: Ethics, Law and Governance, Kris Dierickx, Pascal Borry, eds., (UK: Intersentia) 2009.

"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

Testimony on the Security of Canada Information Sharing Act reform before the Standing Committee on Access to Information, Privacy and Ethics. Ottawa, December 2016.

“Submission to the National Security Policy Directorate of Public Safety Canada”. December 2016. (With Colin Bennett, Ian Goldberg and Andrea Slane.)

“Submissions to the Office of the Privacy Commissioner of Canada Regarding Lawful Access and the Consent Model under PIPEDA”. July, 2016. (With Executive Director Cheryl Milne and Research Assistant Geneviève Ryan, David Asper Centre for Constitutional Rights.)

Testimony on Privacy Act reform before the Standing Committee on Access to Information, Privacy and Ethics. Ottawa, June 2016.

“Submission to the House of Commons Standing Committee on Access to Information, Privacy and Ethics” June 2016. Submitted in partnership with The David Asper Centre for Constitutional Rights.

Seeing Through the Cloud: National Jurisdiction and Location of Data, Servers, and Networks Still Matter in a Digitally Interconnected World. Report submitted to the Office of the Privacy Commissioner of Canada as deliverable for grant received under the OPC Contributions Program, 2014-2015. May 2015. (With Heidi Bohaker, Andrew Clement, and Stephanie Perrin.)

  • We received the inaugural Academic Citizenship Award from the University of Toronto Faculty Association for our work on this project.

“Why Jurisdiction Still Matters” Appendix B to Seeing Through the Cloud Report. (With Research Assistant Daniel Carens-Nedelsky.)

“Re: Bill C-13: The Proposed Protecting Canadians from Online Crime Act.” Submission to the Standing Committee on Justice and Human Rights, May 2014. (With Andrea Slane.)

“Factum of the Intervener David Asper Centre for Constitutional Rights.” Submitted February 28, 2012. Appeal to the Supreme Court of Canada in the case of Davey et. al. v. the Queen. (Co-counsel with Cheryl Milne).

“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.)

  • The Asper Centre was invited to provide a submission to the Information and Privacy Commissioner of Ontario in respect of her investigations into the alleged background checks of prospective jurors in criminal trials in Ontario.

“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 by the CJC in September 2005.)

  • Published in Lisa Austin and Arthur Cockfield, eds., Technology, Privacy and Justice (Canadian Institute for the Administration of Justice, 2007). 

“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 by the CJC as its official policy in September 2005.)

  • Published in Lisa Austin and Arthur Cockfield, eds., Technology, Privacy and Justice (Canadian Institute for the Administration of Justice, 2007).
  • This policy formed the basis for the Policy for Access to Supreme Court of Canada Court Records (February, 2009) (See http://www.scc-csc.gc.ca/court-cour/rec-doc/poleng.asp#tphp.)

“Re: Open Courts, Electronic Access to Court Records, and Privacy,” written submission to the Judges Technology Advisory Committee, Canadian Judicial Council, in response to discussion paper, October 14, 2003.

“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).

  • Published, with minor revisions, 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).

“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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