Contributors
WA Bogart
WA (Bill) Bogart, BA, LLB (University of Toronto) LLM (Harvard), is a distinguished university professor of law at the University of Windsor (ret). Bill has held several SSHRC grants to support his research, has been a Virtual Scholar in Residence for the Law Commission of Canada, and has been a frequent government consultant. He is an author/editor of eight books—Off the Street: Legalizing Drugs (Dundurn, 2016) is his latest. He blogs regularly for the Huffington Post and comments frequently for the media.
Geneviève Cartier
Geneviève Cartier is a professor of law at the University of Sherbrooke. She holds a PhD from the University of Toronto and an MA from Cambridge University. A member of the Consultative Committee of the Law Commission of Canada from 2003 to 2006, she teaches and researches in the areas of public law and jurisprudence. Her work focuses on administrative discretion, the rule of law, and common law constitutionalism, and she is currently working on the question of prerogative powers. From 2012 to 2015, she was the full-time research director of the Commission of Inquiry into the granting and administration of government contracts in the construction industry, set up by the government of Quèbec. Her recent contributions include a chapter on deliberative constitutionalism in the administrative state, and reflections on policy and ethical aspects of public commissions of inquiry through her coordination of a special issue of the McGill Law Journal, dedicated to the celebration of the 50th anniversary of the Supreme Court decision in Roncarelli v Duplessis.
Peter Carver
Peter Carver, MA (Toronto), LLB (McGill), LLM (UBC) is a Faculty of Law professor at the University of Alberta, and Editor-in-Chief of the Review of Constitutional Studies. Professor Carver teaches and does research in the areas of Canadian constitutional, administrative, immigration, and mental health law. Before coming to the University of Alberta, Professor Carver served as a member of the Immigration and Refugee Board and practised law in British Columbia. His recent publications include “‘A Principle of Vital Importance’: The Supreme Court of Canada’s Approach to Purposeful Limits on Expression in Section 2(b) of the Charter”(2017) 75 Supreme Court L Rev 191-219; “A Failed Discourse of Distrust Amid Significant Procedural Change: The Harper Government’s Legacy in Immigration and Refugee Law” (2017) 21:2 Rev of Constitutional Studies 209-234; and with Isabel Grant, “PS v Ontario: Rethinking The Role of the Charter in Civil Commitment” (2016) 53:3 Osgoode Hall LJ 999-1032. Professor Carver wrote the chapter “Getting the Story Out” concerning administrative law and public inquiries in the first two editions of Administrative Law in Context.
Jennifer Dolling
Jennifer Dolling is a sole practitioner. She holds a BA in Criminology with high distinction from the University of Toronto (1996); an LLB from Queen’s University (1999); and an LLM with a specialty in Health Law and Policy from the University of Toronto (2009), for which she was awarded a Canadian Institutes of Health Research Training Program Fellowship. After her call to the Ontario Bar in 2001, Jennifer practised for several years in the areas of medical malpractice, professional negligence and liability, health disciplines defence, insurance defence, and personal injury. She has appeared before administrative tribunals such as the Health Professions Appeal and Review Board. After completing her LLM, Jennifer worked as a research associate with the Faculty of Law at the University of Toronto. She was a member of the Research Ethics Board at Mount Sinai Hospital from 2007 to 2012. Prior to starting her own practice, she was research counsel in the Samuel Lunenfeld Research Institute at Mount Sinai Hospital. She has been a Council Member of the College of Physiotherapists of Ontario since 2015.
Colleen M. Flood
Colleen M Flood FRSC is a professor at the University of Ottawa and a University Research Chair in Health Law & Policy. She is inaugural director of the Ottawa Centre for Health Law, Policy and Ethics. From 2000 to 2015 she was a Professor and Canada Research Chair at the Faculty of Law, University of Toronto with cross-appointments to the School of Public Policy and the Institute of Health Policy, Management & Evaluation. From 2006 to 2011 she served as a Scientific Director of the Institute for Health Services and Policy Research, one of the Canadian Institutes of Health Research.
Her two most recent books are The Right to Health at the Public/Private Divide (2014) (coedited with Aeyal Gross and published by Cambridge University Press) and Law & Mind: Mental Health Law and Policy in Canada (2016) (co-edited with Jennifer Chandler and published by LexisNexis, Canada).
Craig Forcese
Craig Forcese is a professor with the Faculty of Law (Common Law Section), at the University of Ottawa. He teaches national security law, public international law, administrative law, and public law/legislation. Much of his current research and writing relates to national security, human rights, and democratic accountability. Craig is the co-author of False Security: The Radicalization of Canadian Anti-terrorism (Irwin Law, 2015); National Security Law: Canadian Practice in International Perspective (Toronto: Irwin Law, 2007); and co-editor of The Human Rights of Anti-terrorism (Toronto: Irwin Law, 2008). He is also co-editor and co-author of International Law: Doctrine, Practice, and Theory (Toronto: Irwin Law, 2014, 2d Ed); co-managing editor of Public Law: Cases, Materials, and Commentary, 3rd ed (Toronto: Emond, 2015); and co-author of The Laws of Government: The Legal Foundations of Canadian Democracy, 2nd ed (Toronto: Irwin Law, 2011). Before joining the law school faculty, Craig practised law at the Washington, DC office of Hughes Hubbard & Reed LLP, specializing in international trade and commercial law. He has a BA from McGill University (1992), an MA from the Norman Paterson School of International Affairs, Carleton University (1997), an LLB (summa cum laude) from the University of Ottawa (where he shared the gold medal for the best graduating average of his class) (1997), and an LLM from Yale University (2001). He is a member in good standing of the bars of Ontario, New York, and the District of Columbia.
Cristie Ford
Dr Cristie Ford is Associate Professor and Director at the Centre for Business Law at the Peter A Allard School of Law, UBC. Her research focuses primarily on regulatory theory and administrative law as they relate to international, US, and Canadian financial and securities regulation. She has authored multiple articles and two books: Innovation and the State: Finance, Regulation, and Justice (Cambridge University Press, 2017); and, with His Excellency the Right Honourable David Johnston and Kathleen Rockwell, the leading text, Canadian Securities Regulation (5th ed, 2014). Prior to joining UBC, Professor Ford practised in securities regulation and administrative law, including several years at Davis Polk and Wardwell LLP in New York. She obtained her graduate degrees from Columbia Law School, where she also taught in a variety of capacities. She sits on a number of editorial and academic advisory boards, and has served on several occasions as a consultant to the Canadian Department of Finance. She has lectured in law schools and to academic audiences across North America, Europe, and elsewhere.
Evan Fox-Decent
Evan Fox-Decent is a professor at McGill University, Faculty of Law. He teaches and publishes in legal theory, administrative law, First Nations and the law, immigration law, agency law, international law, and the law of fiduciaries. His first book, Sovereignty’s Promise: The State as Fiduciary (Oxford: Oxford University Press, 2011), explores the implications of viewing the state and its institutions as fiduciaries of the people subject to their power. Among these implications is a distinctive interpretation of common law constitutionalism, called “administrative law as solicitude.” His second monograph, with Evan J Criddle, is Fiduciaries of Humanity: How International Law Constitutes Authority (New York: Oxford University Press, 2016). This work develops an account of sovereignty under international law that aspires to reconcile the autonomy international law confers on states with legal responsibilities that arise from the possession of public powers.
Kate Glover
Kate Glover, BA (McGill), LLB (Dalhousie), LLM (Cambridge), DCL (McGill), of the Bar of Ontario, is an assistant professor in the Faculty of Law at Western University. Kate teaches courses in the areas of constitutional law, administrative law, and advanced public law, and has been recognized for her teaching with the Western Law Award for Teaching Excellence in 2015 – 16 and the J. McLeod Professor of the Year Award in 2016 – 17. Her research focuses on constitutional and administrative law, with particular focus on questions of constitutional reform, constitutional structuralism, institutional design, and procedural fairness. Some of her recent publications appear in the McGill Law Journal, the Supreme Court Law Review, the Review of Constitutional Studies, the Alberta Law Review, and Foundations and Traditions of Constitutional Amendment, edited by Richard Albert, Xenophon Contiades and Alkmene Fotiadou, and published by Hart Publishing in 2017. She has been invited to present her research widely, including at national and international conferences, as an expert witness before the Special Senate Committee on Senate Modernization, and in professional education programs for provincial law societies and bar associations. Kate was called to the Bar of Ontario in 2007, after which she served as law clerk to the Honourable Justice Abella of the Supreme Court of Canada and practised civil and public law litigation at Borden Ladner Gervais. Further, prior to joining Western Law, Kate was a Vanier Scholar, an O’Brien Fellow in Human Rights and Legal Pluralism, and the Ian Pilarczyk Teaching Fellow at McGill University’s Faculty of Law. During her time at McGill, she also served as co-counsel for the amicus curiae in the Senate Reform Reference before the Supreme Court of Canada in 2013 and as Executive Director of the International Criminal Justice Clinic.
Angus Grant
Angus Grant, BA (Trent), JD/MSW (Toronto), PhD (Osgoode) is a lawyer and visiting professor of law at Osgoode Hall Law School, York University. Angus has practiced in the areas of immigration, refugee and constitutional law for many years and has appeared before a variety of Canadian appellate courts, including the Supreme Court of Canada. He has also taught administrative law, immigration law and refugee law at Osgoode Hall and at Queen’s University.
Andrew Green
Andrew Green is an associate professor at the University of Toronto, Faculty of Law. His research and teaching interests focus on administrative law, environmental law, international trade (including how international trade rules constrain a country’s ability to implement domestic environmental policy), and judicial decision-making. His most recent book Commitment and Cooperation on High Courts: A Cross-Country Examination of Institutional Constraints on Judges (with Ben Alarie) (Oxford University Press, 2017) examines how differences in the design of high courts across countries impact how judges make decisions. He holds an LLB from the University of Toronto and an LLM and JSD from the University of Chicago. Before joining the Faculty, Professor Green practised environmental law in Toronto.
Gerald Heckman
Gerald Heckman is an associate professor at the Faculty of Law, University of Manitoba where he teaches administrative, constitutional and advanced public law. After receiving his LLB from the University of Toronto, he clerked for Justice Marc No.l at the Federal Court of Canada, obtained an LLM in administrative law from Queen’s University, Kingston and practiced labour, employment, and human rights law. He earned his PhD at Osgoode Hall Law School, York University. His research interests focus on public law, and include the role of international human rights norms in Canadian administrative and constitutional law, migration law, and the empirical analysis of delay in administrative decision-making. He is co-editor of Administrative Law: Cases, Text and Materials with Professors David J Mullan, Gus Van Harten and Janna Promislow. He is the recipient of several faculty and university teaching awards.
Justice Grant Huscroft
Grant Huscroft is a Justice of the Court of Appeal for Ontario, a professor of law at Western University and was formerly a member of the Faculty of Law at the University of Auckland. He is co-director of the Public Law and Legal Philosophy Research group at Western, where his research focuses on constitutional law and judicial review in Canada and the Commonwealth. He is co-author of the treatise The New Zealand Bill of Rights (Melbourne: Oxford University Press, 2003) (with Paul Rishworth, Richard Mahoney, and Scott Optican) and has edited or co-edited seven collections of essays, including The Challenge of Originalism: Theories of Constitutional Interpretation (York: Cambridge University Press, 2011) (with Bradley Miller); Expounding the Constitution: Essays in Constitutional Theory (New York: Cambridge University Press, 2008); A Simple Common Lawyer: Essays in Honour of Michael Taggart (Oxford: Hart Publishing, 2008) (with David Dyzenhaus and Murray Hunt); Inside and Outside Canadian Administrative Law: Essays in Honour of David Mullan (Toronto: University of Toronto Press, 2006) (with Michael Taggart); Constitutionalism in the Charter Era (Toronto: LexisNexis-Butterworths, 2004) (with Ian Brodie); Litigating Rights: Perspectives from Domestic International Law (Oxford: Hart Publishing, 2002) (with Paul Rishworth); and Rights and Freedoms (Wellington, NZ: Brookers, 1995) (with Paul Rishworth).
Laverne Jacobs
Laverne Jacobs is an associate professor and the Director of Graduate Studies at the University of Windsor’s Faculty of Law. She holds degrees in Common Law and Civil Law from McGill University and a doctorate from Osgoode Hall Law School. She researches and teaches in the areas of administrative law, transparency in governance, and empirical research methodologies. She also has a particular interest in disability rights and social justice and runs a research and advocacy project called Law, Disability and Social Change at Windsor Law.
Professor Jacobs recently held the Fulbright Visiting Research Chair in Canadian Studies at the University of California, Berkeley, and, while holding this Chair, completed the first stage of a multi-year research study on disability rights and administrative law regulation. Her earlier qualitative research on administrative justice has explored meanings of the concept of “tribunal independence” within Canadian access to information and privacy commissions, and examined the effectiveness of ombuds-officer oversight for regulating access to information. Among other publications, she has co-edited a book on comparative administrative process, The Nature of Inquisitorial Processes in Administrative Regimes: Global Perspectives (Surrey, UK: Ashgate, 2013) (with Sasha Baglay).
Dr Jacobs’ scholarship aims to bridge the gap between public law jurisprudence and public law realities through empirical inquiry. She is particularly interested in the ways in which ethnography, legal anthropology, and examinations of the intersection of law norms and informal order serve to give insight into the on-the-ground work of administrative bodies. Outside of the university, Dr Jacobs has held public appointments as a member of the Advisory Council to the Ontario Minister responsible for the Accessibility for Ontarians with Disabilities Act, 2005, and as a part-time member of the Human Rights Tribunal of Ontario between 2005 and 2010. She is active in the Canadian Institute for the Administration of Justice, where she sits on its Administrative Tribunals Committee, and has served on the Board of Directors of the Income Security Advocacy Centre.
Justice Freya Kristjanson
Justice Freya Kristjanson was appointed to the Ontario Superior Court of Justice, Toronto Region, in June 2016. Prior to her appointment, Justice Kristjanson practiced administrative and civil litigation. In December 2016 the Society of Ontario Adjudicators and Regulators awarded Justice Kristjanson the SOAR Medal for her outstanding contributions to the Ontario administrative justice community.
Mary Liston
Mary Liston, BA (Western), MA (York), PhD (Toronto), Postdoctoral Fellowship in Law and Ethics (Toronto) LLB (Toronto), Peter A Allard School of Law, University of British Columbia. Professor Liston’s research focuses on advanced and comparative public law, Canadian administrative law, Aboriginal administrative law, theories of the rule of law, and law and literature. Her work has been cited by the Supreme Court of Canada. She is a co-author along with Craig Forcese, Adam Dodek, Philip Bryden, Peter Carver, Richard Haigh, and Constance MacIntosh of Public Law: Cases, Commentary and Analysis, 3rd ed (Toronto: Emond, 2015). Her publications are available at: http://ssrn.com/author=91545.
Audrey Macklin
Audrey Macklin is the director of the Centre for Criminology and Sociolegal Studies, Professor of Law and Chair in Human Rights at University of Toronto. Professor Macklin also served as a member of Canada’s Immigration and Refugee Board from 1994 to 1996. Her research and writing interests include transnational migration, citizenship, administrative law and business and human rights. She is co-author of Immigration and Refugee Law: Cases, Materials, and Commentary, 2nd ed (Toronto: Emond, 2015) and The Governance Gap: Extractive Industries, Human Rights and the Home State Advantage (London: Routledge, 2014).
Leslie McIntosh
Leslie McIntosh, BA (University of Toronto, 1974), LLB (University of Western Ontario, 1977), LLM in administrative law (Osgoode Hall Law School, 2003), is an adjunct professor of Administrative Law at Osgoode Hall Law School. Leslie was called to the Bar of Ontario and started her career with the Ontario Ministry of the Attorney General in 1979. Initially, she was seconded to the Ministry of Community and Social Services, where she appeared before a broad range of administrative tribunals. In 1982, she transferred to the Crown Law Office, Civil, of the Ministry of the Attorney General, where she was subsequently appointed General Counsel. She retired from the public service in 2011. Her practice consisted mainly of appellate work in the Supreme Court of Canada, the Court of Appeal, and the Divisional Court in the areas of civil litigation and administrative law. She was counsel for the Province of Ontario at the Inquiry into the Actions of Canadian Officials in Relation to Maher Arar, and is counsel in the SARS actions. From 2007 to 2011, Leslie was an adjunct professor of Administrative Law at the University of Toronto Law School. She is the author of numerous articles and publications, and a regular speaker at the Ontario Bar Association and other continuing legal education events.
Naiomi Metallic
BA (Dalhousie), LLB (Dalhousie), LLL (Ottawa) and LLM (Osgoode), is an associate professor at the Schulich School of Law at Dalhousie University, where she holds the Chancellor’s Chair in Aboriginal Law and Policy. She was a law clerk for the Honourable Michel Bastarache at the Supreme Court of Canada, and authored a new chapter on Aboriginal language rights in his text Les Droit Linguistiques au Canada, 3rd ed (Thomson Reuters, 2013). After articling, Naiomi practised law for nearly a decade with Burchells LLP, in Halifax, and was an active member of the firm’s Aboriginal Law practice group, appearing before the courts of Nova Scotia, New Brunswick and the Federal courts for First Nations clients. She has been named on the Best Lawyer in Canada list in Aboriginal law since 2015. As an emerging legal scholar, she is most interested in writing about how the law can be harnessed to promote the well-being of Indigenous peoples in Canada and conveying this information in accessible ways.
Alexander Pless
Alexander Pless, BA Hon, BCL/LLB (McGill), MPA (Harvard), is General Counsel at Canada’s Department of Justice, National Litigation Sector. He practices constitutional law, administrative law, Crown liability, and national security matters. He teaches constitutional law, administrative process, and judicial review of administrative action at McGill University. His writing and academic interests include all of these areas. He is a member of the Quebec bar and has acted for the Attorney General of Canada before all levels of court in Canada.
Janna Promislow
Janna Promislow, BA (Alberta), LLB (Victoria), LLM (York), PhD (York), is an associate professor at Thompson Rivers University, Faculty of Law. Before her appointment at Thompson Rivers University, Janna clerked with the Law Courts of Alberta, practised law with Davis & Company in the Northwest Territories, and served as a policy advisor for the Government of Ontario on consultation with Aboriginal communities. Janna’s teaching and research interests encompass constitutional and administrative law, Aboriginal law, colonial legal history, indigenous – settler relations, and legal pluralism. She has published on the historical development of intersocietal law between Indigenous and European fur traders, treaty relationships and interpretation, and Aboriginal administrative law.
Lorne Sossin
Lorne Sossin, BA (McGill), MA (Exeter), PhD (Toronto), LLB (Osgoode), LLM, JSD (Columbia), of the Bar of Ontario, is a professor and Dean of Osgoode Hall Law School, York University. Before this appointment, Sossin was a professor with the Faculty of Law at the University of Toronto, where he served as Associate Dean and as the inaugural director of the Centre for the Legal Profession.
Sheila Wildeman
Sheila Wildeman, BA (University of Toronto), MA (Columbia), LLB (Dalhousie), LLM (University of Toronto) is an associate professor at Dalhousie University’s Schulich School of Law. Professor Wildeman’s teaching areas include public law, administrative law, and jurisprudence. Her research and writing has focused on consent and capacity law, and more broadly, on how legal subjects are constituted at the intersection of human rights, medical knowledge, and administrative law. Her publications in this regard have appeared in legal and medico-legal journals and in edited collections including Being Relational: Reflections on Relational Theory and Health Law and Policy (Jocelyn Downie and Jennifer Llewellyn, eds) (Vancouver: UBC Press, 2011).