Results | SCC-Authors-Cited

Adams, E. M. (with Stanger-Ross, J.). (2025). Challenging exile: Japanese Canadians and the wartime constitution. UBC Press.

"In September 1945, Canada proposed exiling Japanese Canadians to Japan, a country devastated by war. Thousands who had experienced internment and dispossession were now at risk of banishment. In Challenging Exile, Eric M. Adams and Jordan Stanger-Ross detail the circumstances and personalities behind the exile. They follow the lives of families facing government orders that uprooted them from their homes, stripped them of their livelihoods and possessions, and proposed to exile them from Canada. And they analyze the court case in which lawyers and judges grappled with the meaning of citizenship, race, and rights in times of war and its aftermath. Unfolding in a context of global conflict, sharpened borders, and racist suspicion, the story told in Challenging Exile has enduring relevance for our own troubled times."--Page 4 of cover.

Abouchar, J. (2002). The Precautionary Principle in Canada: The First Decade. Environmental Law Reporter News & Analysis, 32(12), 11407–11420.

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Martin, A. (2022). The Lawyer’s Professional Duty to Encourage Respect for—and to Improve—the Administration of Justice: Lessons from Failures by Attorneys General. Ottawa Law Review /, 54(2), 247–326. https://doi.org/10.7202/1111193ar

The lawyer’s duty to encourage respect for the administration of justice remains largely amorphous and abstract. In this article, I draw lessons about this duty from historical instances in which Attorneys General inappropriately criticized judges. Not only are Attorneys General some of the highest-profile lawyers in the country, but they also face unique tensions and pressures that bring their duties as lawyers into stark relief. I focus on the two instances where law societies sought to discipline Attorneys General for such criticism of judges, as well as a more recent instance in which no discipline proceedings were pursued. I also consider the obligations of Attorneys General when other Ministers inappropriately criticize judges. I conclude that a lawyer must take all reasonable steps in the circumstances to confirm the factual and legal accuracy of any criticism of the judiciary; that law societies should allow reasonable but defined latitude for public criticism of judges; and that, where a client inappropriately criticizes the judiciary, their lawyer must make good-faith efforts to urge the client to discontinue and apologize for such criticism—and if those efforts are unsuccessful, the lawyer must repudiate that criticism themselves or withdraw.

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Hubbard, R. W. (with Brauti, P. M., & Fenton, S. K.). (2025). Wiretapping and other electronic surveillance: law and procedure (current to 2017). Canada Law Book. (Original work published 2025)

Mercer, M. (2013). Professional Conduct Rules and Confidential Information versus Solicitor-Client Privilege: Lawyers’ Disputes and the Use of Client Information. Canadian Bar Review, 92(3), 595–610.

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MacKenzie, G. (2025). Lawyers and ethics: professional responsibility and discipline. Carswell. (Original work published 2009)

Layton, D. (with Proulx, M.). (2015). Ethics and criminal law (Second edition.). Irwin Law.

Woolley, A. (2023). Understanding lawyers’ ethics in Canada (Third edition.). LexisNexis.

"Legal ethics experts Alice Woolley and Amy Salyzyn have written a thorough and scholarly review of the legal and ethical duties every lawyer should follow to manage risk and make prudent decisions in everyday practice. This useful text sets out numerous ethical issues lawyers face in their dealings with clients – complete with analysis, commentary and insight. This book is highly recommended for every lawyer who wishes to represent his or her client to the fullest, while at the same time, remain within the boundaries of legality and of ethical practice. This book is highly recommended for every lawyer who wishes to represent his or her client to the fullest, while at the same time, remain within the boundaries of legality and of ethical practice."-- Provided by publisher.

Dodek, A. (2014). Solicitor-client privilege. LexisNexis Canada.

"Solicitor-Client Privilege is the only Canadian textbook of its kind to explain key aspects of lawyer-client confidentiality. With a Foreword written by former Supreme Court of Canada justice Ian Binnie, this distinctly Canadian law textbook analyzes the exceptions to privilege, conditions where privilege is unclear, and situations of competing interests that might bring into question the application of privilege. Especially useful is the examination of privilege in specific contexts, such as in civil litigation, administrative law, corporate settings, and government. Portable and immediately accessible, this useful hardcover book gives lawyers the answers they quickly need, and assurances as to when they can rely on solicitor-client privilege and when they can challenge it."--Publisher's description.

Oosten, J. D.-V. (2022). Ethical obligations to the court, as officers of the court. 2022 CanLIIDocs 4780. https://canlii.ca/t/7nl5m

Joyce DeWitt-Van Oosten, National Criminal Law Program, 2022 CanLIIDocs 4780

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Canadian Bar Association Ethics and Professional Responsibility Committee. (2009). CBA Code of professional conduct (Revised edition 2009.). Canadian Bar Association.

Olthuis, B. (2009). The Constitution’s Peoples: Approaching Community in the Context of Section 35 of the Constitution Act, 1982. McGill Law Journal / Revue de Droit de McGill, 54(1), 1–43. https://doi.org/10.7202/038177ar

Modern negotiations between the Crown (or private parties) and Canada’s Aboriginal peoples are largely based on the legal principles articulated in major court decisions. Yet those decisions have not yet confronted a fundamental question: how, in the first instance, do we determine which groups can lay claim to the Aboriginal and treaty rights “recognized and affirmed” by section 35 of the Constitution Act, 1982?

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Ogden, R. (2009). Existing Aboriginal Rights in Section 35 of the Constitution Act, 1982. Canadian Bar Review, 88(1), 51–86.

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Dionne, P. (2005). La reconnaissance et la définition contemporaines des droits ancestraux: négocier ou s’adresser au juge? In G. Otis (Ed.), Droit, Territoire et Gouvernance des Peuples Autochtones. (1st ed., p. 71). Les Presses de l’Université Laval. https://doi.org/10.1515/9782763750330

McNeil, K. (2004). Continuity of Aboriginal Rights. In K. Wilkins & University of Alberta Centre for Constitutional Studies (Eds.), Advancing Aboriginal claims: visions, strategies, directions (p. 127). Purich Pub.

Groves, R. K. (2007). The Curious Instance of the Irregular Band: A Case Study of Canada’s Missing Recognition Policy Making Aboriginal Policy: A Conference Ten Years after the Final Report of the Royal Commission on Aboriginal Peoples. Saskatchewan Law Review, 70(1), 153–182.

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Chartrand, P. L. A. H., & Congress of Aboriginal Peoples. (2002). Who are Canada’s aboriginal peoples?: recognition, definition, and jurisdiction. Purich Publishing Limited.

Borrows, J. (2005). Creating an Indigenous Legal Community John Tait Memorial Lecture. McGill Law Journal, 50, 153–182.

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Otis, G. (2005). Le titre aborigène : émergence d’une figure nouvelle et durable du foncier autochtone ? Les Cahiers de droit, 46(4), 795–845. https://doi.org/10.7202/043868ar

In the following paper, the author analyzes the central issues raised by the recognition of aboriginal title under State law. He offers answers to the many unresolved issues concerning the sources of aboriginal title, its conditions of existence and attributes. Concerning the sources of aboriginal title, the author highlights the Supreme Court’s stato-centric approach to the defnition of aboriginal rights and argues, in particular, that the doctrine of continuity of pre-colonial law has more of a metaphoric rather than operational meaning. As for the conditions of the title’s existence, the author concludes that they still remain sufficiently undetermined as to generate legal insecurity and allow judges to conduct, under the guise of an assessment of the historical record, contemporary socio-economic arbitrations between indigenous peoples and the non-indigenous majority. Finally, the analysis of the attributes of aboriginal title brings to light the uncertainty which persists with regard to several fundamental issues, such as, for example, the identity of the holder of title. This uncertainty of the law, as well as the failure of the Supreme Court of Canada to reconcile aboriginal title with modernity, cast doubt on the capacity of indigenous peoples to develop their lands according to their contemporary priorities.

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Greenberg, D. (2020). of. In Stroud’s judicial dictionary of words and phrases: Vol. 2, *F‑O* (10th ed.). Sweet & Maxwell.

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