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Recent Research

TRU Law is home to a first class group of accomplished legal scholars. Please see below for recent articles and other research initiatives by our award-winning faculty. For further information about past awards and additional research projects, please consult individual faculty biographies.

Tesh Dagne

Article

“Where Copyright Meets Privacy in the Big Data Era: Access to and Control over User Data and the Role of Copyright” (2022) The Vanderbilt Journal of Entertainment and Technology Law.

Book

Gregory Hagen, Cameron Hutchison, Graham Reynolds, Teresa Scassa, Margaret Ann Wilkinson, Tesh W. Dagne, Canadian Intellectual Property Law: Cases and Materials 3rd edition (2022) Emond

Presentations

  1. Where Copyright Meets Privacy in the Big Data Era: Access to and Control over User Data and the Role of Copyright, Presentation at the South Eastern Association of Law Schools (SEALS) Conference, New Inquiries in Copyright Panel, July 29, 2021, Omni Amelia Island, Florida
  2. Vying for the New Harvest: A Data Governance Framework for Access to and Control over Agricultural Data, 2021 Virtual IP Scholars Conference, August 11-12, hosted by the Benjamin N. Cardozo School of Law – Refereed.
 
Ruby Dhand

Article

“Care Confinement and Systemic Disability Discrimination During the Covid-19 Pandemic” co-authored with Janae Enns, Tess Sheldon and Dipesh Prema, (forthcoming, Windsor Review of Legal and Social Issues 2022) (30 pgs).

Book Chapters

  1. “Indigenous Peoples with Disabilities and Canadian Mental Capacity Law,” in Capacity, Participation, and Values in Comparative Legal Perspective (Bristol University Press: Bristol, UK, in press, 2022).
  2. “COVID-19 and Access to Justice for People with Mental Health and Substance Use Issues: A Multidisciplinary Analysis of the Barriers, Risks and Responses in BC’s Mental Health Facilities, Prisons and Detention Centres” co-authored with Dipesh Prema in Critical Conversations in Canadian Public Law,” in Critical Dialogues in Canadian Public Law, (eds) Anne Levesque, Karen Drake, Kyle Kirkup, Jena McGill, Joshua Sealy-Harrington (University of Ottawa Press, 2022, forthcoming).

Books

  1. Law and Mental Health in Canada co-authored with Anita Szigeti (1st edition) (Lexis Nexis Canada: Toronto, forthcoming 2022).
  2. Law and Disability in Canada: Cases and Materials co-authored with Laverne Jacobs, F. Kodar, Richard Jochelson, David Ireland and Odelia Bay (1st edition) (Lexis Nexis Canada: Toronto) 2021).

Presentations

  1. “Incorporating Law and Disability Into the Curriculum,” Canadian Association of Law Teachers Workshop Conference Series, co-presented with David Leposky Laverne Jacobs, Freya Kodar, Richard Jochelson, David Ireland and Odelia Bay, June 29th, 2022 (online).
  2. “Increasing Access to Justice for People with Disabilities in Congregate Care Settings During COVID-19: Multidisciplinary Research in Science and the Law,” A paper presented at the 2022 Criminal Justice/ Justice Administration Section, 10th Annual International STEM/STEAM Education Conference, University of Hawaii, Honolulu, Oahu, June 9, 2022. 
  3. “Reconciliation through Mental Health Courts and Specialized Courts Using Trauma Informed Practices,” A paper presented at the 2022 Criminal Justice/ Justice Administration Section, 10th Annual International STEM/STEAM Education Conference, University of Hawaii, Honolulu, Oahu, June 8, 2022. 

Supreme Court of Canada: Cases, Appearance, Legal Advocacy, Legal Research and Advocacy

  1. Court issued its ruling in British Columbia (Attorney General) v Council of Canadians with Disabilities (June 6, 2023)
  2. Ruby Dhand successfully advocated in the Supreme Court of Canada as part of a legal team on behalf of the Empowerment Council in British Columbia (Attorney General) v Council of Canadians with Disabilities presenting a challenge in constitutional and mental health law
 
Robert Diab

Articles

  1. “Reasonable Apprehension Under Mental Health Law” (accepted, forthcoming fall 2022) Queens Law Journal (with Jolene Sanderson)
  2. “The Opioid Crisis and Section 7: Charter Implications of Safe Supply and Simple Possession” (accepted, forthcoming fall 2022) 55:2 UBC Law Review (with Rose Morgan and Robyn Young)
  3.  “The Real Lesson of the Freedom Convoy ‘Emergency’: Canada Needs a Public Order Policing Act” (2022) 70 Criminal Law Quarterly [now published]

Book

Edited collection (with Professor Hunt): “The Last Frontier: Digital Privacy and the Charter” (Thompson Reuters, fall 2021).

 
Ryan Gauthier

Articles

  1.  "From the Chicago Blackhawks to Washington's Football Team, There's an Urgent Need for More Accountability in Pro Sports" (8 November 2021), online: The Conversation (republished in Vancouver Sun and Vancouver Province)
  2. "Post-COVID Reforms to Financial Fair Play" (6 August 2021), online: Brussels Agenda

Chapters in books

  1. "Canada", in Sandy Adam, ed, National Sports Governance  Observer 2: Benchmarking Governance in Nation Sports Organizations (Arhus: PlaytheGame, 2021) (PR)
  2. "Quasi-States and Sport: Building a Case for Statehood" in Karen N. Scott, Kathleen Clausen, Charles-Emmanuel Cote & Atsuko Kanehara, eds, Changing Actors in International Law (Leiden: Birll, 2021) 48 (PR)
Chris Hunt

Article

C. Hunt, “The Problem of Offeree Silence: Implied Contract or Unjust Enrichment?” (2021) 65 Canadian Business Law Journal 251  (pp. 251-271)

Book

C. Hunt and R. Diab (eds.), Digital Privacy and the Charter (Toronto: Thomson Reuters, 2021) (305 pp.)

Chapter in book

C. Hunt, “Voyeurism and the Charter: A Comment on the Supreme Court of Canada’s Privacy Principles in R v Jarvis” in  C. Hunt and R. Diab (eds.), Digital Privacy and the Charter (Toronto: Tomson Reuters, 2021) (pp. 154-179)

Case Comment

C. Hunt, “Unconscionability in the Supreme Court of Canada: Uber Technologies Inc. v Heller” (2021) 80:1 Cambridge Law Journal 25 (pp. 25-29)

 
Charis Kamphuis

Articles

  1. “Pueden las empresas de extracci n de recursos contratar los servicios de la polic a nacional?: Comentarios sobre la sentencia del Tribunal Constitucional del Per” (2021) 13 Revista de la Facultad de Derecho y Ciencias Politicas 269-293, Instituto Intercultural de Estudios Sociales y Politicos, Universidad Nacional de San Antonio Abed del Cusco (with Juan Carlos Ruiz Molleda)
  2. “Canadian Oil Company PetroTal and Conflict in Peru’s Amazon”, the Justice & Corporate Accountability Project (January 2022) (with Robin Kelly)
  3. “The Two Faces of Canadian Diplomacy: Undermining International Institutions to Support Canadian Mining”, the Justice & Corporate Accountability Project (January 2022) (with Charlotte Connolly)
 
Blair Major

Articles

  1. "The Law's Apprehension of Religion as a Legal Fiction" 92022) 60:1 Osgood Hall Law Journal. [Forthcoming] (PR)
  2. "All the Voices of Religious Freedom" (2022) 105 Supreme Court Law Review (2d) 285.
 
Sarah Marsden

Chapter in Book

Marsden, Sarah, Eric Tucker, and Leah F. Vosko. "The trilemma of Canadian migrant worker policy: facilitating employer access while protecting the Canadian labour market and addressing migrant worker exploitation." Research Handbook on the Law and Politics of Migration. Edward Elgar Publishing, 2021.

 
Andrew Pilliar

Article

“Filling the Normative Hole at the Centre of Access to Justice - Toward a Person-Centred Conception”, (2022) 55:1 UBC Law Review 149. (PR)

Presentations

  1. “Toward Justice Epidemiology: Outlining an Approach for Person-Centred Access to Justice”, workshop presentation, Dalhousie Law School, Halifax, NS (via Zoom), October 2021.
  2. “Power Dynamics and Power-Informed Adjudication”, invited panel presentation to BC Council of Administrative Tribunals (BCCAT) Annual Education Conference, Vancouver, BC (via Zoom), October 2021.
  3. “SRLs and ADR: Beyond the Acronyms”, invited presentation to the Canadian Bar Association Alberta Alternative Dispute Resolution Section, Calgary, AB (via Zoom), November 2021.
  4. “Vulnerability Theory and Access to Justice”, workshop presentation, Vulnerability and the Human Condition Initiative, Emory University, Atlanta, GA, USA (via Zoom), February 2022.
  5. “Vulnerability Theory and Access to Justice: Elaborating Possibilities for Legal System Design”, workshop presentation, Vulnerability and the Human Condition Initiative, Emory University, Atlanta, GA, USA (via Zoom), June 2022.
 
Katie Sykes

Articles

  1. “Civil Revolution: User Experiences with British Columbia’s Online Court” (with Rebecca Dickson, Sarah Ewart, Candice Foulkes and Marina Landry) (2020) 37:1 Windsor Yearbook of Access to Justice 161 (PR) (the issue of the journal is dated 2020 but the issue was actually published on April 4, 2022, as can be seen in the publication date online: https://wyaj.uwindsor.ca/index.php/wyaj/issue/view/582).
  2. “Fake Laws: How Ag Gag Undermines the Rule of Law in Canada” (2022) 28 Animal Law 229 (co-written with Samantha Skinner).
  3. “Teaching Law Differently: Professional Identity Formation in a Non-Traditional Law Course” (2022) Canadian Legal Education Annual Review 68 (PR). 

Presentations

  1. Canadian Animal Law Conference, October 2, 2021: “Using International Trade Law to Help Animals.”
  2. TRU Faculty Research Series, October 13, 2021: presentation on Civil Resolution Tribunal research project.
  3. Global Animal Law workshop, April 4 and 5 2022 – workshop of contributors to Oxford Handbook of Global Animal Law.