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
Email: kate.mitchell@mail.utoronto.ca
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
David Dyzenhaus
Committee Members

IJD & Debwewin Summer Program Information Session

In February 2013, the First Nations Representation on Ontario Juries Report, authored by former Supreme Court Justice Frank Iacobucci, was released. Justice Iacobucci recommended, inter alia, the creation of an intensive summer education program that would see Ontario law students working on justice issues in and with Indigenous communities.

Asper Centre Constitutional Roundtable with Prof Brandon Garrett of Duke University School of Law

"Wealth, Equal Protection and Due Process"

 with UTLaw's Associate Professor Vincent Chiao as Discussant

 October 2nd 12:30-2:00 pm in Jackman J125

Cara Locke*

Cara Locke (*née Mouland)
SJD Candidate
Thesis title:
Remedial Justice: The Legitimacy of Remedies for Unconstitutional Criminal Laws
Office in Falconer Hall
84 Queen's Park
Toronto, M5S 2C5
Email: cara.locke@mail.utoronto.ca

Cara is interested in how judges act like legislators, and how legislators act like judges.

In the penal context, her doctoral project develops the difference between legislative remedies enacted by Parliament and interpretive remedies devised by judges.

Cara's previous work has been cited by the Supreme Court of Canada in support of a disciplined approach to suspended declarations of invalidity.

Outside of academia, Cara has front-line experience as a lawyer in both courtrooms and legislative chambers. This concrete grounding continues to shape her work on the proper boundaries between judges and legislators.

Education
LLM - Long Thesis
JD (Distinction)
BA (Hons) - Psychology and English
Awards and Distinctions
C. David Naylor Fellow
Joseph-Armand Bombardier Canada Scholar
Nathan Strauss Q.C. Graduate Fellow in Canadian Constitutional Law
Raoul Wallenberg Scholar
Doctoral Fellow, University of Toronto Faculty of Law
LLM Fellow, University of Toronto Faculty of Law
Professional Affiliations
Law Society of Ontario
Nova Scotia Barristers' Society
Canadian Bar Association
Selected Publications

“Remedying the Remedy: Bedford’s Suspended Declaration of Invalidity” (2018) 41:3 Man LJ 281. (Cited in G v Ontario, 2020 SCC 38)

"Debating the Rule of Law: The Curious Re-Enactment of the Solicitation Offence" (2021) 58:3 Alta L Rev 687.

 *née Mouland

Research Interests
Administrative Law
Canadian Constitutional Law
Charter of Rights
Comparative Law
Criminal Law 
Criminal Procedure and Evidence
Critical Legal Theory
Election Law
Judicial Decision-Making
Legal Ethics
Legal Process
Legal Theory
National Security Law and Anti-Terrorism Law
Political Philosophy and Theory
Supervisor
Kent Roach
Committee Members
Yasmin Dawood
Richard Stacey
External links
SSRN

The SNC Lavalin Controversy: The Shawcross Principle and Prosecutorial Independence

Kent Roach
Sunday, March 17, 2019

 

Please note that a revised and expanded version of this blog is available at https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3367097

 

 

The SNC Lavalin controversy over whether improper pressure was placed on former Attorney General Jody Wilson-Raybould continues to rage. Both the ambiguities of the facts and the complexity of the policy issues seem to warrant an independent public inquiry. 

 

Such an inquiry could explore controversies over prosecutorial independence under Justin Trudeau’s government just as the McDonald Commission explored controversies over police independence under Pierre Trudeau’s government. In both cases, the issues had became emmeshed in partisan politics. Clear and independent thinking and reform plans were necessary for moving forward.

 

The Shawcross Principle

 

The Shawcross Principle articulated in 1951 is a constitutional convention that while the Attorney General (AG) is entitled to consult Cabinet colleagues about the policy implications of prosecutorial decisions, he or she is not to be directed or pressured on such decisions by the Cabinet and that the decision should be made by the AG alone.

 

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