Faculty Research Highlights

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

Robert Chambers
  • Robert Chambers, The Law of Property (Irwin Law, Toronto, 2021)
  • Robert Chambers, An Introduction to Property Law in Australia (4th edn, Law Book Co, Sydney, 2019)
  • Albert Oosterhoff, Robert Chambers, and Mitchell McInnes, Oosterhoff on Trusts (9th edn, Thomson Reuters, Toronto, 2019)
  • Robert Chambers, “Trusts and the Statute of Frauds” (2019) 93 Supreme Court Law Review (2d) 345
Tesh Dagne
  • Gregory Hagen, Cameron Hutchison, Graham Reynolds, Teresa Scassa, Margaret Ann Wilkinson, Tesh W. Dagne, Canadian Intellectual Property Law: Cases and Materials 3rd edition (2021) Emond – in preparation.
  • “3D Printing in Galleries Libraries Archives and Museums (GLAMs) and Education: Ensuring and Safeguarding Access” – in progress
  • “Vying for the New Harvest: Access to and Control over Agricultural Data and the Role of Copyright” forthcoming (2021)
  • “Embracing the Data Revolution for Development: Rights-based Governance for Farm Data in the Context of African Indigenous Farmers” (2020) 5 The Journal of Law, Social Justice and Global Development
  • “Governance of Health-related 3D Printing Applications in Canada and the United States: Between Regulated and Unregulated Innovation” (2020) 22 Columbia Science and Technology Law Review 281-328.
Ruby Dhand
  • Principal Investigator: Social Sciences and Humanities Research Council Partnership Engagement Research Grant, “COVID-19 and Access to Justice for People with Disabilities: A Multidisciplinary Legal Analysis of the Barriers, Risks and Responses in Ontario's Congregate Care Settings” (with co-investigators, Dr. Prema, TRU Faculty of Science and Dr. Sheldon, Windsor Faculty of Law), Partnership Engagement Grants, $26, 633 (2020-Present)
  • Principal Investigator: The Law Foundation of British Columbia, Legal Research Grant, “The COVID-19 Pandemic and Increasing Access to Justice for People with Mental Health and Substance Use Issues in BC’s Mental Health Facilities, Prisons and Detention Centres,” (with co-investigator, Dr. Prema, TRU Faculty of Science), $17, 560 (2020-Present)
  • Principal Investigator: Social Sciences and Humanities Research Council Insight Development Research Grant, “Mental Health Courts: Access to Justice for People with Mental Health Disabilities and Addictions,” Insight Development Research Grant, $58, 780 (2019-Present)
  • Law and Disability in Canada: Cases and Materials co-authored with Laverne Jacobs, Freya Kodar, Richard Jochelson, David Ireland and Odelia Bay (1st edition) (Lexis Nexis Canada: Toronto, 2021) (362 pgs).
  • “Racism, Police Violence and Mental Health,” co-authored with Kendra Milne (2021) 16 (3) Visions: BC’s Mental Health and Substance Use Journal.
  • “Litigating in the Time of Coronavirus: Mental Health Tribunals’ Response to COVID-19”, co-authored with Anita Szigeti, Maya Kotob, Michael Kennedy, Michael Kennedy and Rebecca Ye (2020) 27 Windsor Yearbook of Access to Justice: 132-160 (60 pgs).
  • “The COVID-19 Pandemic, Accommodations and Legal Education” Lex Electronica, Special Issue: Law and Learning in the Time of Pandemic (2020-21) 25: 4: 175-180.
  • Invited Manuscript, Involuntary Detention and Involuntary Treatment Through the Lens of Sections 7 and 15 of the Canadian Charter of Rights and Freedoms, co-authored with Kerri Joffe, Manitoba Law Journal (2020) 43 (3): 207-249.
Robert Diab
  • Robert Diab and Robyn Young, “Striking the Right Balance? Complainant Privacy and Full Answer and Defence in the New First-party Records Regime” (2021) 69 Criminal Law Quarterly 191
  • Robert Diab, “Search Engines and Global Takedown Orders: Google v Equustek and the Future of Free Speech Online" (2019) 56 Osgoode Hall Law Journal, Forthcoming
  • Robert Diab, “The Road Not Taken: Missing Powers to Compel Decryption in Bill C-59, Ticking Bombs, and the Future of the Encryption Debate” (2019) 57:1 Alberta Law Review 267.
  • Robert Diab, “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
  • Robert Diab, “Protecting the Right to Privacy in Digital Devices: Reasonable Search on Arrest and at the Border” (2018) 69 University of New Brunswick Law Journal 96
Seán Patrick Donlan
  • SP Donlan, RH van Rhee, and A Masferrer (eds and project coordinators), Western legal traditions: texts and materials (forthcoming, Hart 2021)
  • SP Donlan and J Mair (eds), Questioning comparative law? mixity, metaphor, and marriage (Routledge 2019), including introduction and, with M Twomey, CJ, ‘Island, intersection, or in-between? legal hybridity and diffusion in the Seychellois legal tradition, c1715-1950’
  • SP Donlan and VV Palmer (eds), Legal traditions in Louisiana and the Floridas, 1763-1848 (Talbot 2019), including introduction
  • SP Donlan, ‘Comparative? legal? history? crossing boundaries’ in A Masferrer, KÅ Modéer, and O Moréteau (eds), Comparative legal history: a research handbook in comparative law (Elgar 2019)
Ryan Gauthier
  • Ryan Gauthier, "Quasi-States and Sport: Building a Case for Statehood” in Karen N. Scott, Kathleen Clausen, Charles-Emmanuel Côté & Atsuko Kanehara, eds, Changing Actors in International Law (Leiden: Brill, 2021) 48
  • Ryan Gauthier & Gigi Alford, "Will Human Rights Ever be Olympic Values?: Evaluating the Responses to Human Rights Violations at the Olympic Games" (2019-2020) 35 Conn J Intl L 21
  • Ryan Gauthier, "Constructing Statehood through Sport: Football, Kosovo, and the Court of Arbitration for Sport" (2019) 56 Can YB Intl L 220
  • Ryan Gauthier & Bruce Dowbiggin, Cap in Hand: How Salary Caps are Killing Pro Sports and Why the Free Market Could Save Them (Toronto: ECW Press, 2018)
  • Ryan Gauthier, "Player Movement and Competition Law: A US/EU Comparison" in Mike McCann, ed, Oxford University Press Handbook of American Sports Law (Oxford: Oxford University Press, 2018) 449
Mary Hemmings (Chief Law Librarian)
  • M. Hemmings, "Make 'Em Laugh: Images of Law in Eighteenth Century Popular Culture" in Law, Culture and Visual Studies, Anne Wagner and Richard K. Sherman, eds (Amsterdam: Springer, 2013) 893
  • M. Hemmings, Review of Copyright, Communication and Culture: Towards a Relational Theory of Copyright Law by Richard Ekins (2013) 38:2 Can Law Lib Rev 89
Chris Hunt
  • C. Hunt and R. Diab (eds.), Digital Privacy and the Charter (forthcoming, Thomson Reuters, 2021)
  • C. Hunt, “The Silent Offeree: Implied Contract or Unjust Enrichment?” (forthcoming, Canadian Business Law Journal, 2021)
  • C. Hunt, “Privacy, Voyeurism and the Charter” in C. Hunt and R. Diab (eds.), Digital Privacy and the Charter (forthcoming, Thomson Reuters 2021)
  • C. Hunt, “Unconscionability in the Supreme Court of Canada: Uber Technologies Inc. v Heller” (2021) 80:1 Cambridge Law Journal 25
  • C. Hunt, “Unconscionability Three Ways: Unfairness, Consent and Exploitation” (2020) 96 Supreme Court Law Review 37—invited paper from proceedings of Canadian Law of Obligations Conference II, UNB Law
  • C. Hunt (ed.), Perspectives on Evidentiary Privileges (Toronto: Thomson Reuters, 2019), Foreword by Justice Sheilah Martin, Supreme Court of Canada
  • C. Hunt, “Rethinking Marital Privilege” in C. Hunt (ed.), Perspectives on Evidential Privileges (Toronto: Thomson Reuters, 2019)
  • C. Hunt and M. Javdan, "Apparitions of Doctrines Past: Fundamental Breach and Exculpatory Clauses in the Post-Tercon Jurisprudence" (2018) 60 Canadian Business Law Journal 309
  • C. Hunt, "Reasonable Expectations of Privacy in Canadian Tort Law" (2018) 84 Supreme Court Law Review 269 (invited paper delivered at the Canadian Law of Obligations Conference)
Craig Jones, Q.C.
  • Craig Jones, “Panacea or Pandemic: Comparing 'Equitable Waiver of Tort' to 'Aggregate Liability' in Cases of Mass Torts With Indeterminate Causation" (2016) 2(1) CJCCL 301. 
  • Craig Jones, “Taking the ‘Fresh Start’ Seriously: A Case Comment on Canada v 407 ETR Concession Company Limited and Moloney v Alberta” in J. Sarra and the Hon. B. Romaine, eds, The Annual Review of Insolvency Law 2014 (Toronto: Carswell, 2015).
  • Craig Jones & Micah Rankin, "Justice as Rounding Error: Evidence of Sub-Rational Decision-Making Processes in Murder Parole Ineligibility in Canada” (2014) 52:1 Osgoode Hall L.J. 
Charis Kamphuis
  • “The Transnational Mining Justice Movement: Reflecting on Two Decades of Law Reform Activism in the Americas” (2020) 57 Canadian Yearbook of International Law forthcoming.
  • “Contesting Indigenous-Industry Agreements in Latin America” in Dwight Newman & Ibironke Odumosu-Ayanu, eds, Indigenous-Industry Agreements, Natural Resources, and the Law (Routledge, 2020).
  • “Home-State Grievance Mechanisms: Law Reform Strategies in the Canadian Resource Justice Movement” in Isabel Feichtner & Markus Krajewski, eds, Human Rights in the Extractive Industries: Transparency, Participation, Resistance (Springer, 2019).
  • "Effectiveness Framework for Home-State Non-Judicial Grievance Mechanisms" in Amissi M. Manirabona & Yenny Vega Cardenas, eds, Extractive Industries and Human Rights in an Era of Global Justice: New Ways of Resolving and Preventing Conflicts (LexisNexis, 2019) (with Leah Gardner).
Sarah Marsden
  • "What We Owe Workers as a Matter of Common Humanity: Sickness and Caregiving Leaves and Pay in the Age of Pandemics" (with Eric Tucker and Leah Vosko) (2021) 57:3 Osgoode Hall Law Journal 665
  • “Supports for Migrant Farmworkers: Tensions, (In)access and (In)action” (with Susana Caxaj and Amy Cohen) (2020) 16:4 International Journal of Migration, Health, and Social Care 557
  • “Just Clinics: A Humble Manifesto” (2020) 32 Journal of Law and Social Policy 7
  • “Who Bears the Burden of Enforcement?” (2019) 22 Canadian Labour and Employment Law Journal 1
  • “The Justice Gap: Seasonal Agricultural Workers and the Law in Canada” (2019) 42:1 Dalhousie Law Journal
Jeffrey B. Meyers
  • J.B. Meyers, “What We Talk About When We Talk About the Rule of Law” (2021) 7 Canadian Journal of Comparative & Contemporary Law 405-452
  • J.B. Meyers, “Nietzsche and the Law of the 'the Other': The Jew in Refraction” 3 International Comparative Policy & Ethics Law Review 2 (Spring 2020)
  • J.B. Meyers, “Accommodate Us All Please” (2020) 25 Lex electronica 4, in forthcoming special edition entitled “Law & Learning in the Time of Pandemic – A Collage” 54-59
  • J.B. Meyers, “The Thought of Samuel J. Levine at the intersection of Talmudic and Constitutional Law: A Review Article of Jewish Law and American Law: A comparative Study, Vol. I&II (2018)” (2019) 8 Global Journal of Comparative Law 211-234
  • J.B. Meyers, “Rethinking Constitutional Design and the Integration/Accommodation Binary” (2010) 73(4) Modern Law Review 656-678
Bradford Morse
  • “The uphill struggle to protect Indigenous traditional knowledge in settler states that value short-term private ownership: how is Canada doing?” in Natalie P. Stoianoff, ed., Indigenous Knowledge Forum – Comparative Systems for Recognising and Protecting Indigenous Knowledge and Culture, (LexisNexis Butterworths Australia, 2016), pp. 403-440.
  • Speaker, “Contested Indigenous Property Rights: Proving Aboriginal/Native Title in Australia and Canada.” Contested Property Claims Conference, Aarhus University, Aarhus, Denmark (December 10‐11, 2015).
  • Invited Speaker, “Daniels v The Queen: What Real Difference Would a Win in the Supreme Court of Canada Mean in Law for Metis and Non-Status Indians?” Delivered at the Founding Conference of the Indigenous Peoples Alliance of Manitoba, Winnipeg (March 5-6, 2016).
  • Panel Chair, Founding Conference of the International Inter-Tribal Trade and Investment Organization, University of Oklahoma, Norman Oklahoma (April 2016).
  • Keynote Presentation, “Protecting ITK through ITK Owners Direct Involvement in its Governance and Use: The Canadian Experience” at Indigenous Knowledge Forum – Governance Systems for Data Management and Benefit Sharing Symposium, University of Technology Sydney, Australia (December 14, 2016).
  • Invited Speaker, “Daniels Symposium”, Congress of Aboriginal Peoples, Ottawa [video linked with Edmonton, Winnipeg, Montreal, and Corner Brook) March 21-22, 2017
Nicole Schabus
  • Case Commentary: Tŝilhqot'in v. British Columbia, 2014 SCC 44" Environmental Law and Policy, Volume 44, Number 4 (Fall 2014), IOS Press
  • "Indigenous Peoples a Critical Link between Trade and Environment", (forthcoming, chapter in NAFTA and Sustainable Development, Cambridge University Press)
  • Nicole Schabus "Article 8(j) Indigenous and Local Community Participation", Environmental Policy and Law, Volume 43, Number 6 (January 2014) IOS Press
Katie Sykes
  • "The Appeal to Science and the Formation of Global Animal Law” (2016) 27(2) European Journal of International Law 497-581.
  • “Marine Telemetry and the Conservation and Management of Risk to Seal Species in Canada and Australia” (2016), 47:3 Ocean Development & International Law 1-17 (co-authored with Julia Jabour, Mary-Anne Lea, Simon Goldsworthy, Graeme Melcher, and Mark A. Hindell).
  • “Globalization and the Animal Turn: How International Trade Law Contributes to Global Norms of Animal Protection” (2016), 5(1) Transnational Environmental Law 55-79.
  • “Pluralism in Practice: Moral Legislation and the Law of the WTO After Seal Products” (2015), 48(1) George Washington International Law Review 81-150 (co-authored with Robert Howse and Joanna Langille).
  • Canadian Perspectives on Animals and the Law (Irwin Law, 2015), co-edited with Peter Sankoff and Vaughan Black.  Click here to hear Michael Enright discuss this book in his essay on CBC’s The Sunday Edition.
  • “Rethinking the Application of Canadian Criminal Law to Factory Farming” – Chapter 2 of Canadian Perspectives on Animals and the Law.
  • “Whales and Seals and Bears, Oh My! The Evolution of Global Animal Law and Canada’s Ambiguous Stance” (co-authored with Joanna Langille and Robert Howse) – Chapter 9 of Canadian Perspectives on Animals and the Law.