Charis Kamphuis

Assistant Professor

BA (Toronto), LLB (Saskatchewan), LLM (Osgoode), PhD Candidate (Osgoode)

Charis Kamphuis is a doctoral candidate at Osgoode Hall Law School and was called to the Bar of Ontario in 2009 after clerking at the Federal Court of Appeal of Canada.

In 2011, Charis co-founded the Justice and Corporate Responsibility Project (JCAP), a not-for-profit organization that provides legal support to communities in Latin America, Africa and Canada adversely affected by resource extraction. JCAP has made submissions to Canadian securities regulators, the Canada Pension Plan Board, the Supreme Court of Canada, the Inter-American Human Rights Commission, domestic courts in Latin America, and United Nations bodies. Charis continues to sit on the JCAP Board of Directors and to supervise law students doing JCAP related work across Canada and Latin America. In 2017, Charis will teach an experiential learning course based on this work: Transnational Lawyering: Social Justice, Communities & Resources.

In 2013, Charis co-founded the Dissent, Democracy & the Law Editorial Board, with members from the legal and academic community across Canada. She served as the Board’s Managing Editor from 2013 to 2014, overseeing its digital publication of the Voices-Voix Documentation Project. The Board brings together scholars interested in the nexus between civil society and the law, with a focus on legal and political advocacy, dissent and democratic institutions. Charis has collaborated with civil society and academic partners to help convene workshops at the McGill Centre for Human Rights and Legal Pluralism and at the Feminist Institute for Legal Studies at York University. In 2016, Charis taught an experiential learning course based on this work: Civil Society, Dissent & the Law.

Charis has published peer-reviewed articles in European, American, Canadian and South American journals. Spanish translations of her work have also appeared in peer-reviewed journals based in Mexico, Peru and Chile. Her list of publications is available on SSRN.

In 2017-2018, Charis will teach Natural Resources Law & Policy and Transnational Lawyering: Social Justice, Communities & Resources, in the upper year curriculum, and Legal Perspectives in the first year curriculum.

 Publications
Peer Review and Law Review Articles
  1. “Canadian Mining Companies and Domestic Law Reform: A critical legal account” (2012) 13:9 German Law Journal 1456-1486.
  2. “Foreign Mining, Law and the Privatization of Property: A case study from Peru” (2012) 3:2 Journal of Human Rights and the Environment 217-253 [abridged version].
  3. “Foreign Investment and the Privatization of Coercion: the Forza Security Company in Peru” (2012) 37:2 Brooklyn Journal of International Law 459-508.
  4. “Derecho y la Convergencia del Poder Público y el Poder Empresarial: La Desposesión Campesina y La Coerción Privatizada en el Perú” (2012) 15 Revista Latinoamericana de Derecho Social: Universidad Nacional Autónoma de México Instituto de Investigaciones Jurídicas 57-112 [ Translation].
  5. “La extracción de recursos mineros por empresas extranjeras y la privatización del poder coercitivo: un estudio de caso sobre la empresa de seguridad Forza” (2011) 68 Apuntes: Centro de Investigación de la Universidad del Pacifico 63-108; (2011) 22 Serie Nuevas Voces: Consorcio Global para la Transformación de la Seguridad 1-33 [ Translation].
  6. “The Principles and Practices of Aboriginal Equity Programs in Canadian Law Schools: A Comparative Study of the Saskatchewan College of Law” (2009) 3 Canadian Legal Education Annual Review 65-98.
  7. “Pay Equity and Community Based Organizations in Saskatchewan: Paradoxes and Challenges” in Student Public Policy Essays (Regina: Saskatchewan Institute of Public Policy, 2007) 1-17.
  8. “Extra-Territorial Regulation and Transnational Resource Extraction: Canadian Case Study” in Human Rights in the Extractive Industries: Transparency, Participation, Resistance, Isabel Feichtner & Markus Krajewski, eds (Springer, forthcoming).
  9. “Litigating Indigenous Dispossession in the Global Economy: Law’s Promises and Pitfalls” (2017) 14:1 Brazilian Journal of International Law 165-225.
Book Reviews
  1. Book Review of The Third World and International Order: Law Politics and Globalization by Antony Anghie, et. al., eds., (2010) 12 International Community Law Review 471-7.
  2. Book Note on Making Equality Rights Real: Securing Substantive Equality under the Charter by Fay Faraday et. al., eds., (2007) 70 Saskatchewan Law Review 483-4.
Other Publications
  1. “Gendering Civil Liberties and Gendering Dissent: An Introduction” (2017) 12 Journal of Law & Equality (with Sonia Lawrence, Estair van Wagner, and Cara Faith Zwibel) 1-9.
Conference/Workshop Reports
  1. “Gendered Dissent: Workshop Report” Post-Workshop Report for the Gendered Dissent, Democracy & Law Workshop, Institute for Feminist Legal studies, Osgoode Hall Law School, Toronto (May 2014) (with Estair Van Wagner)
  2. “Civil Society: Dissent, Democracy and the Law” Concept/Background Paper for the Civil Society: Dissent, Democracy & the Law workshop, Centre for Human Rights & Legal Pluralism, McGill Faculty of Law, Montreal (Oct 2013) (with Pearl Eliadis).
Facta in International Court Cases (Pro Bono)
  1. La Comunidad Campesina San Andrés de Negritos c. La Minera Yanacocha SRL – Amicus Curiae presented to the First Civil Court of Cajamarca, Peru with regard to Campesino land rights claim against American mining company (2013) (31 pages).
  2. La Comunidad Campesina San Andrés de Negritos c. Dirección Regional de Agricultura, Dirección General de Energía y Minas, y La Minera Yanacocha SRL – Factum for submission to the Constitutional Court of Peru arguing violations of Campesino land rights protected by domestic and international law (2010) (114 pages).
  3. GRUFIDES c. La Republica de Perú – Petition submitted to the Inter-American Commission on Human Rights alleging the Peruvian state’s failure to address the persecution of human rights activists by American mining company and private security forces (2009) (55 pages).
Opinion Editorials
  1. Editorial, “Independent accountability needed for Canadian mining companies abroad” The Hill Times (March 15, 2017) (with Penelope Simons & Shin Imai), online.
  2. Editorial, “A human rights policy for Canadian embassies is long overdue” The Hill Times (August 31, 2016) (with Danielle Ching), online.
 Research
 Research Grants
  1. 2016 Thompson Rivers University, Internal Research Fund, Research Project: Canadian embassy responses to social conflict with Canadian mining companies ($5,000).
  2. 2015 Thompson Rivers University, Undergraduate Apprenticeship Award, Research Project: Amicus Curiae for Peruvian Court on Police Independence ($3,000).
  3. 2014 Co-recipient with Estair van Wagner, Osgoode Hall Law School, Experiential Education Fund, Syllabus Design Project: “Praxicum Course: Civil Society, Dissent & the Law in Canada” ($3,500).
  4. 2010 Co-recipient with Pedro Grández Castro, Global Consortium on Security Transformation, 2010 3rd Small Grant Initiative, Research Project: “Rights, Mining Conflicts, and the Privatization of Security in Peru” ($7,000). 
Research and Experiential Learning

Justice & Corporate Accountability Project

Since 2008, Charis has worked in collaboration with a small group of lawyers and legal academics to build legal knowledge and capacity in Canada to support mining-affected communities, primarily in Latin America. In 2011, she co-founded the Justice and Corporate Accountability Project (JCAP) together with Professor Shin Imai at Osgoode Hall Law School and a small Board of practicing lawyers located in Toronto and Vancouver. JCAP offers law students the opportunity to engage in community-based legal work and research. Students help provide pro bono legal support to mining-affected communities in Canada and abroad, in a framework of community self-determination.

Dissent, Democracy & the Law Editorial Board

In 2010, Charis participated in a meeting of civil society actors, academics and lawyers that lead to the founding of Voices-Voix, a national coalition of organizations concerned with the right to dissent, advocacy and democratic space in Canada. Building on this work, and in collaboration with coalition members, in 2013 Charis co-founded the Dissent, Democracy & the Law Editorial Board & Research Network. The Research Network brings together scholars from a variety of disciplines who are interested in the nexus between civil society and government, with a focus on legal and political advocacy, dissent and democratic institutions. The Editorial Board curates and oversees the research and publishing of case studies for the Voices-Voix Documentation Project and for other reports and publications. Charis served as the Board’s Managing Editor from 2013-2014 and is currently a Contributing Editor. The Board includes faculty and instructors from universities across Canada.

 Conferences
  1. Aug 2016 “Indigenous Dispossession in the Global Economy: Law’s Promises & Pitfalls” at Contextualizing Social Justice in International and Transnational Law, Research Workshop at Windsor Law, University of Windsor.
  2. Jul 2016 “Home State Regulation” at Goethe-University Frankfurt, International Conference on Human Rights in the Extractive Industries: Conflicts and Regulatory Responses, organized by the Centre for Human Rights Erlangen-Nurnberg & Friedrich-Alexander-University of Erlangen-Nurnberg, Frankfurt, Germany. (invited)
  3. Mar 2016 “Experiential Learning in Legal Education: The Justice & Corporate Accountability Project” at the University of Saskatchewan, College of Law, Student Seminar, Saskatoon. (invited)
  4. Mar 2016 “Indigenous Dispossession in the Global Economy: Law’s Promises & Pitfalls” at the University of Saskatchewan, College of Law, Faculty Seminar, Saskatoon. (invited)
  5. Oct 2015 “Indigenous Peoples & Access to Justice: the Peruvian Amparo & the Inter-American Human Rights System” at the Latin American Congress on Fundamental Rights hosted by THEMIS & the Pontifical Catholic University of Peru, Faculty of Law, Lima, Peru.
  6. Jun 2015 “A Transnational Community-Based Agenda for Legal Research on Resource Extraction Conflicts in Latin America” at the Centre for International Governance Innovation (CIGI) International Law Research Program workshop on Emerging International, Transnational and Domestic Law Issues in the Relationship between Extractive Industries and Indigenous Peoples, Waterloo.
  7. Mar 2015 “Experiential Learning in Legal Education: The Justice and Corporate Accountability Project” at the Centre for Student Engagement and Learning Innovation Engagement Series on Experiential Learning, Thompson Rivers University, Kamloops.
  8. May 2014 “A Case for Studying the Legal Anatomy of Transnational Resource Extraction” at the Law & Society Association Annual Meeting, Law and Inequalities: Global and Local, to be held in Minneapolis, Minnesota.
  9. Jan 2014 “Canadian Activism & the Mining Justice Movement: A Critical Legal Account” at the Business, Human Rights & Law in Transnational Context conference, to be held at Ryerson University, Toronto.
  10. Oct 2013 “A Research Agenda for the Dissent, Democracy & the Law Research Network” at the Civil Society: Dissent, Democracy & the Law workshop, to be hosted by the Centre for Human Rights & Legal Pluralism, McGill Faculty of Law, Montreal.
  11. Mar 2012 “Transformations of the Private and Public: Transnational Social Movements and Economic Globalization” at the Critical Research Laboratory in Law & Society conference Transnational Private Regulatory Governance: Regimes, Dialogue, and Constitutionalization, held at Osgoode Hall Law School, Toronto.
  12. Jun 2011 “Foreign Investment and the Privatization of Coercion: A Case Study of the Forza Security Company in Peru” at the Institute for Global Law & Policy workshop Global Law and Economic Policy, held at Harvard Law School, Cambridge, MA.
  13. Jun 2011 “Theorizing Private and Public Power: Social Movements and Economic Globalization” at the Association of Transnational Law Schools (ATLAS) Agora workshop Law, Change, and Regulatory Challenges in the Contemporary World, held at Deusto University Faculty of Law, Bilbao, Spain.
  14. Jan 2011 “Foreign Investment and the Privatization of Coercion” at the Toronto Group for the Study of Transnational, International & Comparative Law conference Praxis of Resistance: Community of Inclusions and Exclusion, held at the University of Toronto Faculty of Law, Toronto.
  15. Oct 2010 “Peace Brigades International Protective Accompaniment in Mexico” public presentation made as panel member at the event International Legal Observation Report ‘Recalling the Rule of Law: Report of the lawyers’ delegation to Mexico, organized by Peace Brigades International – Canada, Ottawa.
  16. Aug 2010 “El Litigio Estratégico Transnacional: Practicas de Participación e Inclusión con Comunidades Campesinas”[Strategic Transnational Litigation: Participation and Inclusion Practices with Campesino Communities] (with Karina Chuquilín) at the Latin American Legal Anthropology Network (RELAJU) conference A Challenge for our Societies: Identities, Interculturalism, Legal Pluralism and Collective Rights, held at La Catolica University, Lima, Peru [presentation made in Spanish].
  17. Jun 2010 “Procesos Administrativos del Despojo Campesino en la Edad de la Inversión Extranjera” [The Administrative Processes of Campesino Dispossession in the Age of Foreign Investment] lecture delivered at public event Foreign Investment and Indigenous Peoples’ Constitutional Right to Consultation, held at San Marcos National University, Lima, Peru [presentation made in Spanish].
  18. Mar 2010 Minería y Derechos Humanos: La Colaboración Transnacional y el Derecho Comunitario [Mining & Human Rights: Transnational Collaboration in Community Lawyering] (with Karina Chuquilín) at the Inter-American Network for Public Interest Legal Clinics workshop on Strategic Litigation & the Inter-American Legal System, held at American University, Washington, DC [presentation made in Spanish].
  19. Feb 2010 “Mining and Rights Abuses: Three Legal Strategies for Change” at the Law Union of Ontario Annual Conference, held in Toronto.
  20. Nov 2009 “Blurring the Lines Between Public and Private Power: Yanacocha Mine in Peru” at a workshop convened by the United Nations University & Tranparencia Ecuador on Transnational Corporations, Human Rights, and Environmental Justice in Developing Countries, held in Quito, Ecuador.
  21. Nov 2008 “Transnational Collaborative Community Lawyering” at the Symposium on Applied Research in Legal Empowerment of the Poor, organized by the University of Ottawa Human Rights Research and Education Centre & the University of Winnipeg Global College, held at the University of Ottawa, Ottawa.
  22. May 2006 “Social Justice Work: A feminist labour perspective” (with Esther Rootham) at the Women Studies Program conference Feminism(s) in the Third Wave, held at the University of Alberta, Edmonton.
 Curriculum Vitae
 Links
Charis Kamphuis
Contact

Office:
OM 4743
Email:
ckamphuis@tru.ca
Phone:
778-471-8433

Courses
  • Legal Perspectives
    (LAWF 3020)
  • Fundamental Legal Skills
    (LAWF 3060)
  • Public Lands and Natural Resources Law
    (LAWF 3700)
  • Public International Law
    (LAWF 3740)
  • Civil Society, Dissent & the Law
  • Transnational Lawyering: Social Justice, Communities & Resources