Robert Diab

Professor

BA, MA (UWO), LLB, LLM, PhD (UBC)

Robert writes about topics in law and technology, and on constitutional rights.

He is the author of Search and Seizure (Irwin, 2023, with C. Hunt) and The Harbinger Theory: How the Post-9/11 Emergency Became Permanent and the Case for Reform (Oxford UP, 2015).

Robert’s scholarship and commentary has appeared in venues that range from the McGill and Osgoode Hall Law Journals, to Tech Policy Press and Newsweek. He has contributed to federal and provincial commissions of inquiry, and he continues to be involved in criminal and constitutional litigation.

In 2014, Robert co-founded the Canadian Journal of Comparative and Contemporary Law and co-edited eight volumes of the journal on such topics as digital privacy, international law, and democratic decay.

Links to his publications can be found on his website.

 Publications
Books
  • Search and Seizure (Irwin Law, 2023) [with Chris Hunt].
  • The Harbinger Theory: How the Post-9/11 Emergency Became Permanent and the Case for Reform (Oxford University Press, 2015).
  • Guantanamo North: Terrorism and the Administration of Justice in Canada (Fernwood Publishing: Halifax, 2008).
Journal Articles
  • “The Evolving Role of AI in Legal Judgment” (forthcoming 2026) Volume 18 Law, Innovation and Technology
  • “Are Sexual Deepfakes a Crime in Canada?” Forthcoming in Criminal Law Quarterly, Volume 73, 2025
  • “A Reasonable Expectation of Privacy in Dealings with Police Undercover: The Need for Clarity and Correction” (forthcoming 2025) 48 Manitoba Law Review
  • “Too Dangerous to Deploy? The Challenge Language Models Pose to Regulating AI in Canada and the EU” (2025) 58:2 UBC Law Review
  • “Intrinsic Human Equality: A Critical Overview of Recent and Historical Theory” (2025) 39:1 Notre Dame Journal of Law, Ethics & Public Policy 269
  • “What Is Most Bothersome About Section 33: Or What Hasn’t Yet Been Said” (2025) 33:3 Constitutional Forum 31
  • “Harm to Self-Identity: Reading Goffman to Reassess the Use of Surreptitious Recordings as Evidence” (2024) 46:4 Manitoba Law Review 1
  • “Revisiting the Rorty–Lyotard debate: The microchip and liberal cosmopolitanism” (2024) Philosophy & Social Criticism
  • “‘Must the Police Refuse to Look?’ Resolving the Emerging Conflict in Search and Seizure Over Civilian Disclosure of Digital Evidence” (2023) 68:4 McGill Law Journal 369
  • “Searching Short-Term Rental Properties: When Will Police Require a Warrant?” (2025) 73 Criminal Law Quarterly 108 (with Colton Fehr)
  • “Public Order Policing in the Normal Course: a Proposal for a Charter-Compliant Federal Act” (2023) 46.1 Manitoba Law Journal 81 (with Jamie Cameron)
  • “Surreptitious Recordings by Civilians in Criminal Trials: Challenging Their Admissibility at Common Law and Under the Charter” (2023) 27(2) Canadian Criminal Law Review
  • “Reasonable Apprehension Under Mental Health Law” (2022) 48:1 Queen’s Law Journal (with Jolene Sanderson) (Winner of the David Watson Memorial Award) [Winner of the David Watson Memorial Award]
  • “The Opioid Crisis and Section 7: Charter Implications of Safe Supply and Simple Possession” (2022) 55:2 UBC Law Review (with Rose Morgan and Robyn Young)
  • “The Real Lesson of the Freedom Convoy ‘Emergency’: Canada Needs a Public Order Policing Act” (2022) 70 Criminal Law Quarterly
  • “Pathways to Police Adoption of Body and Dash Cameras in Canada: How and Why Parliament Should Intervene” (2022) 70 Criminal Law Quarterly (with Marshal Putnam)
  • “Striking the Right Balance? Complainant Privacy and Full Answer and Defence in the New First-party Records Regime” (2021) 69 Criminal Law Quarterly 191 (with Robyn Young)
  • "Search Engines and Global Takedown Orders: Google v Equustek and the Future of Free Speech Online" (2019) 56:2 Osgoode Hall Law Journal, 231
  • "Does the State Have a Compelling Interest in Searching Device Data at the Border? Emerging Approaches to Reasonable Search in Canada and the United States" (2018) Oxford U Comparative L Forum 1
  • "Protecting the Right to Privacy in Digital Devices: Reasonable Search on Arrest and at the Border" 69 University of New Brunswick Law Journal 96 (2018) (10,000 words)
  • "Justice as Invisibility: Law, Terror, and Dehumanization" (2016) 5 Annual Review of Interdisciplinary Justice Research (10,000 words).
  • "The Policing of Major Events in Canada: Lessons from Toronto's G20 and Vancouver's Olympics" (2016) Windsor Review of Legal and Social Issues (16,000 words) (with W. Wesley Pue and Grace Jackson).
  • "R. v. Khawaja and the Fraught Question of Rehabilitation in Terrorism Sentencing" (2014) 39: 2 Queens Law Journal (10,000 words)
  • "Sentencing for Terrorism Offences: A Comparative Review of Emerging Jurisprudence" (2011) 15:3 Canadian Criminal Law Review (15,000 words).
  • "Security for the 2010 Olympics – The Gap in Police Powers Under Canadian Law" (2010) 28 Windsor Review of Legal and Social Issues 87-107, (7,300 words) (with Wesley Pue)
Commissioned Report
  • “The Policing of Large-Scale Protests in Canada: Why Canada Needs a Public Order Policing Act” in The Honourable Paul S. Rouleau, Commissioner, Report of the Public Inquiry into the 2022 Public Order Emergency, Volume 5: Policy Papers (Public Order Emergency Commission: Ottawa, February 2023).
Book Chapters
  • "The Demise of Rights as Trumps", in Ben Goold and Liora Lazarus, eds, Security and Human Rights, 2nd edition (Oxford: Hart Publishing, 2019). (10,000 words)
  • "Counter-terror Law: Canada" in Kent Roach, ed., Comparative Counter Terror Law (Cambridge University Press, 2015) (14,000 words)
  • "Terrorism as Crime or War?" in Carolyn Brooks and Bernard Schissel, eds., Marginality and Condemnation: An Introduction to Criminology, 3rd edition (Fernwood Publishing: Halifax, 2015) (10,000 words)
  • "Sentencing of Terrorism Offences After 9/11: A Comparative Review of Early Case Law," in Craig Forcese and François Crépeau, eds., Terrorism, Law and Democracy: 10 Years After 9/11 (Montreal: Canadian Institute for the Administration of Justice, 2011) (12,000 words)
  • "Reading Khadr: Making Sense of Canada's Reluctance To Do the Right Thing", in Janice Williams, ed., Omar Khadr, Oh Canada (McGill-Queens University Press: Montreal, 2012) (with Alnoor Gova)
Book Reviews
  • Canadian Journal of Law and Society, 2023 38:1, review of ‘Canadian Policing: Why and How It Must Change’ by Kent Roach (Delve Books: 2022).
  • New Media & Society, 2023 23:1, review of ‘Content’ by Kate Eichhorn (MIT Press: 2022).
  • Commonwealth Judicial Journal, 2022 26:2, review of The Courts and the People: Friend or Foe? (The Putney Debates 2019) (Hart: 2021).
  • University of Toronto Law Journal, 2017 67:1, review of 'False Security: The Radicalization of Canadian Anti-Terrorism,' by Craig Forcese and Kent Roach (Irwin: 2015).
  • Canadian Journal of Law and Society, 2015 30:3, review of 'The Disappearance of Criminal Law: Police Powers and the Supreme Court,' by Richard Jochelson and Kristen Kramar, with Mark Doerksen (Fernwood Publishing: Halifax and Winnipeg, 2014).
  • Canadian Journal of Law and Society, 2010 25:2, review of 'Canadian State Trials: Volume III – Political Trials and Security Measures, 1840-1914 'Barry Wright and Susan Binnie, eds. (Toronto: University of Toronto Press, 2009).
  • Canadian Journal of Law and Society, 2007 22:1, review of 'How Patriotic is the Patriot Act?' by Amatai Etzioni (Routledge: New York, 2004).
  • The Advocate, Vol. 61, 2003, review of 'The British Columbia Civil Trial Handbook' ed. by D. Harris et al (C.L.E.: Vancouver, 2003).
  • Clarity, 45, 2000, review of 'Clear and Simple as the Truth: Writing Classic Prose' by Francis-Noel Thomas and Mark Turner (Princeton UP: 2000).
 Links
Robert Diab
Contact

Office:
OM 4765
Email:
rdiab@tru.ca
Phone:
778-471-8361

Courses
  • Evidence
    (LAWF 3920)
  • Advanced Criminal Law
    (LAWF 3570)
  • Crime: Law and Procedure
    (LAWF 3080)