(Jan 4) Professor Jennifer Koshan has published 'Marriage and Advance Consent to Sex: A Feminist Judgment in R v JA' in Vol 6, No 6 (2016) of the Onati Socio-Legal Series special issue on Radically Rethinking Marriage (available on SSRN). The paper is a feminist judgment in R v JA (Supreme Court of Canada 2011), a spousal sexual assault case involving the issue of whether parties can consent in advance to sexual activity that will occur while they are asleep or unconscious. Taking a harm-based approach to criminality that considers both negative and positive sexual autonomy, the judgment concludes that advance consent should not be considered valid without certain legal safeguards being put into place.
(Dec 14) Professor Emily Laidlaw has published two chapters in two forthcoming books:
'What is a joke? Mapping the path of a speech complaint on Social Networks' in Lorna E. Gillies & David Mangan (eds), The Legal Challenges of Social Media (Edward Elgar Publishing)
(Dec 8) Linda McKay-Panos, instructor and executive director of the Alberta Civil Liberties Research Centre, has published an article in the Canadian Journal of Human Rights. Linda's article, "Universities and Freedom of Expression: When Should the Charter Apply?", presents an overview of section 32(1) of the Charter and its application to universities, and examines whether there are any logical, principled bases for the conflicting decisions of Canada's provincial courts on the issue of the Charter's application to universities.
(Dec 2) Professor Martin Olszynski has recently published an article in the online journal Ecosystem Services: "Does Slow and Steady Win the Race? Ecosystem Services in Canadian and Chilean Environmental Law and Policy"(2016). The article, which compares the extent to which the concept of "ecosystem services" has been integrated in Canadian and Chilean environmental law, was co-authored with Justices Roberto Pasten and Michael Hantke-Domas, both justices of Chile's 3rd Environment Court.
(Oct 13) Professors Jonnette Watson Hamilton and Jennifer Koshan recently co-authored two articles on the 2015 Supreme Court of Canada decision in Kahkewistahaw First Nation v Taypotat. The first, "Kahkewistahaw First Nation v Taypotat - Whither Section 25 of the Charter?" was just published in (2016) 52:2 Constitutional Forum 39, available here. The second, "Kahkewistahaw First Nation v. Taypotat: An Arbitrary Approach To Discrimination", is forthcoming in (2016) 76 Supreme Court Law Review (2d) 219 and is available here.