Prof. Kent Roach writes "Is Brad Wall really defending school choice with his use of the notwithstanding clause?"

Thursday, May 4, 2017

In a commentary in the Globe and Mail, Prof. Kent Roach analyzes Saskatchewan Premier Brad Wall's use of the notwithstanding clause and the constitutional judicial decision about funding Catholic schools that triggered it ("Is Brad Wall really defending school choice with his use of the notwithstanding clause?", May 2, 2017).

Read the commentary on the Globe and Mail website, or below.

The Dangers of Euthanasia on Demand: Op-ed Chicago Tribune on the Dutch "Completed Life" Assisted Dying Proposal

The following co-authored editorial first appeared in the Chicago Tribune on October 18, 2016. It is a commentary on the Dutch government's proposal to introduce a new law that would enable state organized life-ending interventions for people who feel they have a 'completed life' but do not suffer from any 'untreatable medical condition' that causes 'unbearable suffering' (which are the key criteria to obtain access under the Dutch Euthanasia law). A new special 'counsellor in dying' would assess whether the request to have one's life terminated would be 'genuine' and based on a reasonable assessment of 'completed life'. 

The dangers of euthanasia-on-demand

Nadia C. S. Lambek

SJD Candidate
Thesis title:
Law, Resistance and the (Re)Making of the Rural
Office in Falconer Hall
84 Queen's Park
Toronto, M5S 2C5

Nadia Lambek is a Doctor of Juridical Science (SJD) candidate at the University of Toronto, and a human rights lawyer, researcher and advocate focused on food system transitions and the rights of working people.  Her current research explores how the law and legal claims are framed by transnational agrarian movements and how law can (and cannot) be mobilized in the pursuit of more equitable, just and sustainable food systems.  In particular, she looks at claims for the right to food sovereignty and peasants' rights, and the possibility and limitations of institutionalizing these emerging rights in domestic and international fora.  She is also interested in questions of workers' rights and the governance of food systems more broadly.

Nadia is a Non-Residential Fellow at the Institute for Global Law and Policy (Harvard Law School) and a Chancellor Jackman Graduate Fellow at the Jackman Humanities Institute (University of Toronto).  She is also adjunct faculty at Vermont Law School where she teaches courses on global food security governance.  In fall 2019, she hosted the 4th Canadian Food Law and Policy conference at the University of Toronto.  She is a founding member of the Canadian Association for Food Law and Policy.  She regularly collaborates with civil society organizations on issues of food system governance, including working with the Civil Society and Indigenous Peoples’ Mechanism to the UN Committee on World Food Security on a 2018 report monitoring realization of the right to food and helping to facilitate civil society youth engagement in the Committee.

Before beginning her SJD, Nadia practiced law, focusing on the promotion and protection of workers' rights, union-side labour law, and human rights.  She also worked in a research and advocacy capacity on issues relating to food systems transitions, including serving as an advisor to former United Nations Special Rapporteur on the right to food, Olivier De Schutter and collaborating with a number of organizations, including Food Secure Canada, FIAN International, Oxfam (Bangladesh), the Global Network on the Right to Food and Nutrition, and Canada Without Poverty.  Nadia is a former clerk of the Ontario Court of Appeal and served as co-Editor-and-Chief of the Yale Human Rights and Development Law Journal.

Education
BA, Brown University (2006)
JD, Yale Law School (2010)
Awards and Distinctions
SSHRC Impact Talent Award, Finalist (2019)
Ontario Graduate Scholarship (2019-2021)
Michael Smith Foreign Study Supplement, SSHRC (2019)
SSHRC Connection Grant (2019) (collaborator)
SSHRC Connection Grant (2017) (collaborator)
Dean’s Graduate Student Leadership Award, University of Toronto Faculty of Law (2017)
John Peter Humphreys Fellowship, Canadian Council on International Law (2017-2018)
Canada Graduate Doctoral Scholarship to Honour Nelson Mandela, SSHRC (2016-2019)
Doctoral Fellowship, University of Toronto Faculty of Law (2016-2019)
The Robina Foundation Human Rights Fellowship, Yale Law School (2011-2012)
Ambrose Gherini Prize, Yale Law School (2010)
Francis Wayland Prize, Yale Law School (2010)
Kirby Simon Human Rights Fellowship, Yale Law School (2008, 2009)
Phi Beta Kappa, Brown University (2006)
William Gaston Prize, Brown University (2006)
Professional Affiliations
Ontario Bar
New York Bar
Selected Publications

Books

Rethinking Food Systems: Structural Challenges, New Strategies and the Law (eds. N. Lambek, P. Claeys, A. Wong & L. Brilmayer, Springer, 2014)

Journal Articles

Nadia Lambek, “The UN Committee on World Food Security’s Break from the Agricultural Productivity Trap”, Transnational Legal Theory (2019)

Sarah Berger Richardson & Nadia Lambek, "Federalism and Fragmentation: Addressing the Possibilities of a Food Policy For Canada", 5(3) Canadian Journal of Food Studies 28 (2018)

Nadia Lambek, "A Transformational Potential: The Right to Food’s Contribution to Addressing Malnutrition", 43 UNSCN News 75 (2018)

Nadia Lambek & Priscilla Claeys, "Institutionalizing a Fully Realized Right to Food: Progress, Limitations and Lessons Learned From Emerging Alternative Policy Models," 40(4) Vermont Law Review 743 (2016)

Stephen Moreau & Nadia Lambek, “The Record on Judicial Review: Federal Court”, 29(1) Canadian Journal of Administrative Law and Practice 71 (2016)

Shaun O’Brien, Nadia Lambek & Amanda Dale, “Accounting for Deprivation: The Intersection of Sections 7 and 15 of the Charter in the Context of Marginalized Groups”, 35 National Journal of Constitutional Law 153 (2016)

Nadia Lambek, “The Right to Food: Reflecting on the Past and Future Possibilities”, 2(2) Canadian Journal of Food Studies 68 (2015)

Freya Kristjanson & Nadia Lambek, “Applying the Charter in Everyday Administrative Decision-Making”, 26(3) Canadian Journal of Administrative Law and Practice 195 (2013)

Nadia Lambek, “Imposing IP Compliance: Trends in the USTR Special 301 Reports for India and China from 2000-2008”, The Indian Journal of Intellectual Property Law, Vol. 2 (2009) 129-153

Chapters in Books

Jessica Duncan, Nadia Lambek & Priscilla Claeys, “The Committee on World Food Security: Politics Under Threat”, in Un monde sans faim? Gouverner la sécurité alimentaire au 21e siècle (Delphine Thivet and Antoine de Raymond, eds., forthcoming 2020)

Nadia Lambek, “Social Justice and the Food System”, in Canadian Food Law and Policy (eds. McLeod-Kilmurray, H., et. al., 2019)

Claire Debucquois & Nadia Lambek, “Extraterritorial Obligations of States and the Right to Food”, in Justice Beyond Borders: The Extraterritorial Reach of African Human Rights Instruments (eds. L. Chenwi & T. Bulto, Intersentia, 2018)

Nadia Lambek & Claire Debucquois, “National Courts and the Right to Food”, in Encyclopedia of Food and Agricultural Ethics (eds. Thompson, P.B., et al., Springer, 2014)

Nadia Lambek, “Respecting and Protecting the Right to Food: When States Must Get Out of the Kitchen”, in Rethinking Food Systems: Structural Challenges, New Strategies and the Law (eds. N. Lambek et al., Springer 2014)

Priscilla Claeys & Nadia Lambek, “In Search of Better Options: Food Sovereignty, the Right to Food and Legal Tools for Transforming Food Systems”, in Rethinking Food Systems: Structural Challenges, New Strategies and the Law (eds. N. Lambek et al., Springer 2014)

Reports and Submissions

Civil Society Report on the Use and Implementation of the Right to Food Guidelines”, for the Global Network on the Right to Food and Nutrition and the Civil Society Mechanism to the Committee on World Food Security (to be presented at the 45th meeting of the UN Committee on World Food Security, 2018) (lead author)

Meeting Canada’s Human Rights Obligations: Integrating the Right to Food into the National Food Policy”, submitted to Agriculture and Agro-Food Canada as part of the consultation process for the first national food policy (2017) (lead author) (co-signed by Food Secure Canada, Amnesty International, Canada Without Poverty and others)

Nadia Lambek,"Farm Workers in Ontario: How the Law Creates Insecurity for Agricultural Workers and the Importance of Building Democracy through the Food System", in Ecological Farm Internships: Modes, Experiences and Justice (C. Levkoe and M. Ekers, eds., 2017)

10 Years of the Right to Adequate Food Guidelines: Progress, Obstacles and the Way Ahead” (Global Network on the Right to Food and Nutrition: 2014) (presented at the UN Committee on World Food Security) (lead author)

Priscilla Claeys & Nadia Lambek, “Creating an Environment for a Fully Realized Right to Food: Progress, Challenges and Emerging Alternative Models: A Ten-Year Retrospective on Voluntary Guidelines 1-6”, (Global Network on the Right to Food and Nutrition: 2014)

Research Interests
Administrative Law
Charter of Rights
Critical Legal Theory
International Law
Labour Law
Law and Globalization
Law and International Development
Supervisor
Committee Members
Sally Engle Merry, Silver Professor of Anthropology, NYU College of Arts and Sciences

Matthew Marinett

SJD Candidate
Thesis title:
Corporate Responsibility and Accountability in Internet Content Governance
Office in Falconer Hall
84 Queen's Park
Toronto, M5S 2C5

Matthew is a doctoral candidate in law at the University of Toronto and an Assistant Professor at the Ted Rogers School of Management (Law & Business) at Toronto Metropolitan University. He is also a Joseph-Armand Bombardier scholar and a Graduate Fellow of the Schwartz Reisman Institute for Technology and Society. His broader research examines the rule of law implications of the corporate control and governance of technology, especially with respect to copyright, privacy, and freedom of expression. His work has appeared in the UBC Law Review, the Alberta Law Review, the Internet Policy Review, and the Intellectual Property Journal.

Matthew's doctoral project examines the manner in which internet corporations create rules and make rights-affecting decisions with worldwide impact and minimal public accountability. Specifically, it explores the applicability of standards of human rights and global administrative law to internet corporations engaged in content governance: a difficult prospect given the numerous forms content governance takes, the extant interaction between states and internet intermediaries, the human rights implications, and the transnational nature of the internet. Nonetheless, the project examines what such an inherently flexible standard might look like.

Prior to pursuing an academic path, Matthew was most recently an associate at Gowling Lafleur Henderson (now Gowling WLG) in the Intellectual Property department. He worked primarily within the Entertainment Law Group and the Advertising, Marketing and Regulatory Affairs Group. Prior to joining Gowlings, he volunteered his time at Advocates for Injured Workers, a legal clinic that assisted low-income clients who had been injured in the course of their employment to obtain workers' compensation benefits.

Matthew has previously served as an Adjunct Faculty member at Osgoode Hall Law School and at the University of Toronto Faculty of Law.

Education
SJD Candidate - Present
LLM - 2016 - University of Toronto Faculty of Law
JD - 2012 - University of Toronto Faculty of Law
Honours BSc Planetary Science - 2008 - University of Western Ontario
Awards and Distinctions
Ontario Graduate Scholarship (2021-2022)
Schwartz Reisman Institute for Technology and Society Graduate Fellow (2020-2021)
CIGI International Law Research Program SJD Scholarship (2019-2021)
Joseph-Armand Bombardier CGS Doctoral Scholarship (2018-2021)
Doctoral Fellowship in Innovation Law and Policy (2016-2018)
University of Toronto Doctoral Fellowship (2016-2018)
Masters Fellowship in Innovation Law and Policy (2015-2016)
Gerald Flaherty Prize in Entertainment Law (2010)
Western Scholarship of Excellence
Professional Affiliations
Law Society of Upper Canada
Canadian Bar Association
Selected Publications

Matthew Marinett, “The New Frontier of Platform Policy” (2021) 10:3 Internet Policy Review.

Matthew Marinett, “The Race to the Bottom: Comity and Cooperation in Global Internet Takedown Orders” (2020) 53:2 UBC L Rev 464. .

Matthew Marinett, “Protecting Individual Self-Interest in Aggregate as the Basis of Fairness in Contract” (2018) 55:3 Alberta Law Review 703.

Matthew Marinett, “The Alienation of Economic Rights and the Case for Stickier Copyright” (2017) 30:1 Intellectual Property Journal 125.

Matthew Marinett, “Copyright and innovation” (5 July 2017) Policy Options.

Brenda Pritchard & Matthew Marinett, “Political Advertising and Freedom of Expression” in Brenda Pritchard & Susan Vogt, eds, Advertising and Marketing Law in Canada, 5th ed (Markham: LexisNexis Canada, 2015).

Research Interests
Administrative Law
Business Law
Charter of Rights
Competition Law
Contracts
Economic Analysis of Law
Intellectual Property Law
Judicial Decision-Making
Privacy Law
Private International Law
Property Law
Supervisor
Committee Members

Senator Murray Sinclair's Call for Senatorial and Legal Restraint Should Inspire All of Us

The deluge of op-eds, blogs, commentaries, media interviews and news reports about Bill C-14 on Medical Assistance in Dying has created a level of over-saturation. More careful, reflective statements are increasingly hard to find. What now dominates the debate are bold statements about the constitutionality of the Bill—University of Ottawa’s Amir Attaran apparently even inventing a new constitutional qualifier of ‘unconstitutional by the bucketfull’--and reports of difficult and emotional end-of-life situations, which Bill C-14 may indeed not necessarily solve. It is therefore perhaps no surprise that the eloquent, respectful and wise intervention in the Senate by the Honourable Murray Sinclair, former judge and former Chair of the Residential Schools Truth and Reconciliation Commission, did not receive much attention in the media.

JD student Riaz Sayani-Mulji pens "Time to ground no-fly lists" in Toronto Star

Monday, May 16, 2016

In a commentary in the Toronto Star, JD student Riaz Sayani-Mulji argues that no-fly lists violate the Canadian Charter of Rights and Freedoms, and there is no proof they have stopped a single threat ("Time to ground no-fly lists," May 15, 2016).

Read the full commentary on the Toronto Star website, or below.


Time to ground no-fly lists

By Riaz Sayani-Mulji

May 15, 2016

Prof. Jutta Brunnée talks about "Averting Climate Change" in Edge magazine

Friday, April 22, 2016

In the Spring 2016 issue of Edge, the University of Toronto's research magazine, Prof. Jutta Brunnée is featured for her work on how to stop global climate change.

Prof. Kent Roach co-winner of Reg Robson Award from BC Civil Liberties Association

Wednesday, April 13, 2016

Prof. Kent RoachProf. Kent Roach and his co-author Craig Forcese (University of Ottawa Faculty of Law) have been awarded the Reg Robson Award by the BC Civil Liberties Association (BCCLA) for their work on changing public opinion about Bill C-51, the "Anti-Terrorism Act."

Canadians Support a More Prudent Approach to Medical-Aid-in-Dying than Parliamentary Committee, and Rightly So

Just when the federal government is about to table its bill on medically-hastened-death (or medical-aid-in-dying, physician-assisted dying, euthanasia, or physician-assisted-suicide), a new extensive poll of what Canadians want to see in new legislation suggests that Canadians support a more prudent approach than the open-ended access approach put forward by the Joint Parliamentary Committee (JPC) report and, prior to that, a Provincial-Territorial Expert Advisory Group (PTEAG) report. Canadians continue to support access to ‘physician assisted suicide’ (PAS), the term used in the poll, but a majority (51.8%) opposes the idea of providing access to PAS when the request is based on psychiatric conditions and purely psychological suffering. A majority also appears opposed to PAS for mature minors (in the poll: 16 to 17 year olds).  The 1,000 people polled were also asked about what they preferred as review mechanism. 59% of those polled support the recommendation by the committee of a review by two physicians, while 41 % supports a review by a ‘panel of independent experts’.

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