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
SJD Candidate
Thesis title:
Constitutional Remedies to Guard the Justice System
Office in Falconer Hall
84 Queen's Park
Toronto, M5S 2C5

Through the lens of criminal justice, Cara is interested in how judges act like legislators, and how legislators act like judges. She researches how constitutional remedies become a last resort for fixing defective, antiquated criminal laws. 

Outside of academia, Cara has experience litigating for both the prosecution and the defence. The practice of law on the ground, and particularly at the trial level, continues to shape her research.

Education
LLM - Criminal Law
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 Scholarship
Doctoral Fellow, University of Toronto Faculty of Law
LLM Fellow, University of Toronto Faculty of Law
Spracklin Award, Law Society of Newfoundland & Labrador
Penney Award, Law Society of Newfoundland & Labrador
University Medal for Academic Excellence in Psychology
Professional Affiliations
Nova Scotia Barristers' Society
Law Society of Ontario
Canadian Study of Parliament Group
Canadian Law & Society Association
Selected Publications

“Remedying the Remedy: Bedford’s Suspended Declaration of Invalidity” (2018) 41:3 Man LJ 281.

"The (Un)Desirability of Testimony from Judges to Legislators" in Canadian Study of Parliament Group, Legislatures in Evolution: Changes, Challenges, Questions [Forthcoming in 2020]

 

Research Interests
Administrative Law
Canadian Constitutional Law
Charter of Rights
Criminal Law 
Criminal Procedure and Evidence
Health Law
Judicial Decision-Making
Legal Process
Legal Theory
National Security Law and Anti-Terrorism Law
Political Philosophy and Theory
Supervisor
Committee Members

The SNC Lavalin Controversy: The Shawcross Principle and Prosecutorial Independence

 

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.

 

Prof. Kent Roach writes "One year after the acquittal of Gerald Stanley, little has changed"

Monday, February 11, 2019

In a commentary in the Globe and Mail on the anniversary of the acquittal of Gerald Stanley for the killing of Colton Boushie, Prof. Kent Roach assesses what little has been done, and what more needs to be done, to ensure "Canadian justice does not continue to be experienced by Indigenous people as injustice." ("One year after the acquittal of Gerald Stanley, little has changed," February 9, 2019).

Leah West

SJD Candidate
Thesis title:
Protecting Rights in the Digital Age: The Application of the Canadian Charter of Rights and Freedoms in Cyberspace
Office in Falconer Hall
84 Queen's Park
Toronto, M5S 2C5

Leah West is a doctoral candidate at the Faculty of Law. Leah practices and studies national security law, and her current teaching and research interests explore the application of criminal, constitutional and international law to state conduct in cyberspace, and the role of gender in counter-terrorism. She joined the faculty at the Norman Paterson School of International Affairs at Carleton University as a Lecturer of National Security and Intelligence in July 2019. 

Leah regularly lectures and engages with the media on her areas of research interest, and has testified before the Senate Committee on Security and Defence. She is actively involved in the organization of the Canadian National Rounds of the Phillip C Jessup International Law Moot. She is also a founding editor of the Intrepid Blog (intrepidpodcast.com). 

Leah previously served as Counsel with the Department of Justice in the National Security Litigation and Advisory Group where she appeared before the Federal Court in designated proceedings and the Security Intelligence Review Committee.  Before being called to the Ontario Bar in 2016, Leah clerked for the Honourable Justice Mosley of the Federal Court of Canada.

Prior to attending law school, Leah served in the Canadian Armed Forces for ten years as an Armoured Officer. She deployed to Afghanistan in 2010 as a Junior Operations Officer where she developed the Female Engagement Strategy. 

Education
University of Toronto, SJD Candidate (2018-Present)
University of Ottawa, LLM- International Humanitarian and Security Law (2018)
University of Toronto, JD (2015)
American Military University, MA - Intelligence Studies (2012)
Royal Military College of Canada, BA (Hons)- Politics
Awards and Distinctions
Mobilizing Insights in Defence and Security (MINDS) Initiative Doctoral Award + Supplement (2020-21)
Canadian Graduate Scholarship to Honour Nelson Mandela (2019-2022)
McCain Institute National Security and Counterterrorism Fellow (2019-2020)
Aspen Security Forum Scholar (2019)
PEO Scholar Award (2019)
University of Toronto Faculty of Law Doctoral Fellowship (2018-2019)
CDAI Nichola Goddard "Game Changer" Award (2017)
University of Ottawa Anti-Terrorism Law Fellowship (2016-2018)
University of Ottawa Admission Scholarship (2016)
Women in Defence and Security Memorial Scholarship (2014)
Royal Military College "Sword of Honour" (2007)
Canadian Defence Association Profession of Arms Award (2007)
CIS Academic All Canadian (2005, 2006, 2007)
Professional Affiliations
Member in Good Standing- Ontario Law Society
Canadian Network for Research on Terrorism, Security and Society
Canadian Bar Association
Ontario Bar Association
Selected Publications

Papers in refereed Publications

with Craig Forcese,  "Building New Haystacks: Information Retention and Data Exploitation by the Canadian Security Intelligence Service" (2019) 57 Alberta Law Review 175. 

“Canada’s Civilian Cyber Warriors and the International Legal Implications of a “Strong Secure and Engaged Cyber Policy,” Feb 2019, CDA Institute Vimy Paper Vol 41.

“Cyber Force: The International Legal Implications of the Communication Security Establishment’s Expanded Mandate under Bill C-59” 16 Can. J. L. & Tech. 381- 416.

“The Problem of Relevance: Intelligence to Evidence Lessons from UK Terrorism Prosecutions” (2018) 41:4 Manitoba Law
Journal 57-112.

with Craig Forcese, “Killing Citizens: Core Legal Dilemmas in the Targeted Killing of Canadian Terrorist Fighters Abroad”
(2017) 54 Canadian Yearbook of International Law 134-187

 

Forthcoming Publications

with Craig Forcese, National Security Law, 2nd Ed (Toronto: Irwin Law, 2020)

“Watchful Eyes: Review and Oversight in Canada” in Stephanie Carvin, Thomas Juneau and Craig Forcese, eds, The Canadian Security and Intelligence Community (forthcoming).

with Craig Forcese, “Judicial supervision of counter-terrorism laws in comparative democracies” in Ben Saul ed, Research Handbook on International Law and Terrorism, 2nd Ed (forthcoming Edward Elgar: North Hampton).

 

Research Interests
Canadian Constitutional Law
Charter of Rights
Comparative Law
Criminal Procedure and Evidence
Feminist Analysis of Law
Immigration and Citizenship Law
International Law
National Security Law and Anti-Terrorism Law
Supervisor
Committee Members

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