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WANTED: SAFE HAVEN FOR MORE - AND SOON - Queen's LAW REPORTS - Queen's University
Queen’s                            LAW REPORTS
                                                        2020

    WANTED:
  SAFE HAVEN FOR MORE –
                         AND SOON
   Legal experts call for action on the global refugee crisis

Coping with COVID
Community rises to the challenge

Improving inclusivity
Future black leaders empowered
WANTED: SAFE HAVEN FOR MORE - AND SOON - Queen's LAW REPORTS - Queen's University
CONTENTS                                                                                                                                                                                          DEAN’S MESSAGE

   COVER STORY                                                                                                             LAW REPORTS           DEAN’S COUNCIL MEMBERS
26 Wanted: Safe haven for more refugees – and soon                                                      Queen’s Law Reports is
                                                                                                                                                 David Sharpe, Law’95, Chair
                                                                                                                                                 President and CEO
                                                                                                        published annually by                    Bridging Finance Inc.
                                                                                                        QUEEN’S FACULTY OF LAW                   Sheila A. Murray, Law’82 (Com’79), Past Chair
                                                                                                        MARKETING AND COMMUNICATIONS             Coroporate Director
                                                                                                        Matt Shepherd, Director                  CI Financial Corp.
                                                                                                        Macdonald Hall
                                                                                                                                                 Peter Brady, Law’96
                                                                                                        Queen’s University                       Partner
                                                                                                        Kingston ON Canada K7L 3N6               McCarthy Tétrault LLP
                                                                                                        law.queensu.ca
                                                                                                                                                 James Dorr, Law’87 (Artsci’84)
                                                                                                        Editor                                   General Counsel & Secretary
                                                                                                        Lisa Graham, Com’88, Artsci’92, MPA’08   Orbis Investment Management Ltd.
                                                                                                        Manager of Communications                Peter Griffin, Law’77
                                                                                                        Tel: 613-533-6000, ext. 74259            Counsel
                                                                                                        Fax: 613-533-6611                        Lenczner Slaght Royce Smith Griffin LLP
   Five immigration law experts explain why and which international laws and policies                   Email: grahaml@queensu.ca
   must change in the near future to provide a long-term win for Canada’s economy                                                                Jennifer Keenan, Law’90
                                                                                                        Contributing Editor                      Chair, Board of Directors
   and cultural diversity.                                             BY MARK WITTEN
                                                                                                        Catherine M. Perkins, Arts’58            Dignitas International

                                                                                                                                                                                                                                                                                       GREG BLACK
                                                                                                        Contributors                             Jaimie Lickers, Law’07 (Artsci’03)
   FEATURES                                                                                                                                      Partner
                                                                                                        Ken Cuthbertson, Arts’74, Law’83
                                                                                                                                                 Gowling WLG
                                                                                                        Phil Gaudreau
                                                                                                                                                 Allan McGavin, Law’12 (Com’08)
 5 AI lab launches timely                                                                               Zabrina Testa
                                                                                                                                                 Associate
                                                                                                                                                                                                     Alumni and friends of Queen’s Law,
                                                                                                        Mark Witten
   tools for pandemic job                                                                                                                        Farris LLP

                                                                                                                                                                                                     I
                                                                                                                                                                                                           write to you at a time of great upheaval. I hope that you and your family and
                                                                                                        Design + Production
   insecurities                                                                                         Amanda Black
                                                                                                                                                 Kelley McKinnon, Law’88 (Artsci’85)                       friends are well and that you have adapted the best you can to the changes
   MyOpenCourt, a project of the                                                                                                                 Fellow, Advanced Leadership Initiative 2020,              that we have all had to confront.
   Conflict Analytics Lab directed                                                                                                                Harvard University                                      I began my deanship almost a year ago. The year was proving to be both
                                                                                                                                                 Vice-Chair, Board of Trustees, Queen's University   challenging and exciting—and then along came a global pandemic. I was told
   by Professor Samuel Dahan, is
   available now to help out-of-work                                                                                                             Kristin J. Morch, Law’85 (Artsci’80)                when I began as dean to expect the unexpected, but I didn’t quite expect this
   Canadians understand their                                                                                                                    General Counsel                                     kind of unexpected. But then none of us did.
   legal rights and options.                                                                                                                     Continental Saxon Group                                 On Friday, March 13, the University announced that all in-person teaching
   BY PHIL GAUDREAU                                                                                                                              Anton Sahazizian, Law’94                            would cease due to the COVID-19 virus. There were still three weeks of classes left
                                                                                                                                                 Managing Director, Head of U.S. Mergers &           in the term. I am extremely proud of the way that our students, faculty and staff
                                                                                                                                                 Acquisitions                                        responded. Within several weeks of their final exams, students shifted to online
10 Coping with the                                                                                                                               Moelis & Company                                    learning, completed the term, and wrote exams remotely. They lived up to the
                                                                                                                                                 Stephen Shamie, Law’86                              challenge during a stressful time, and they came through with flying colours.
   COVID crisis                                                                                                                                  Managing Partner                                        I am grateful for the dedication to our students shown by faculty and staff.
   Through resilience, initiative,                                                                                                               Hicks Morley Hamilton Stewart Storie LLP            As you will read in the following pages, some of our faculty were no strangers to
   innovation and that legendary                                                                                                                                                                     technology in the classroom when this began—but many were. People responded
                                                                                                                                                 R. Paul Steep, Law’80 (Artsci’77)
   collegiality, the Queen’s Law                                                                                                                                                                     with incredible grace and good will, leaving their comfort zones and entering into
                                                                                                                                                 Partner
   community continues rising                                                                                   FSC                              McCarthy Tétrault LLP                               a bold new world of Zoom conferences and Teams meetings. Their sense of loyalty
   to the challenges of a global                                                                                                                                                                     to our students was truly impressive.
                                                                                                                                                 Richard Tory, Law’89
   crisis unprecedented in                                                                                                                                                                               Finally, I wish to express my thanks to our alumni. Throughout the past several
                                                                                        GREG BLACK

                                                                                                                                                 Managing Director
   our lifetimes.                                                                                                                                Morgan Stanley                                      months, I have received many messages of support and offers of assistance –
   BY LISA GRAHAM
                                                                                                                                                 Patrice Walch-Watson, Law’91                        and this at a time when I know that people have had to confront serious new
                                                                                                        ALUMNI PROFILES                          Senior Managing Director, General Counsel           challenges in their own home and work environments. I have been very touched
                                                                                                     24 Yolande James, Law’03                    & Corporate Secretary                               by your willingness to be engaged with the law school community – your law
19 A grand idea whose time                                                                                                                       Canada Pension Plan Investment Board                school community.
                                                                                                     34 Kirsten Thompson, Law’98
   had come                                                                                                                                      Frank E. Walwyn, Law’93                                 Having survived the last term, the task now is to plan for the next academic
                                                                                                     36 Scott Palmer, Law’07                     Partner                                             year during a time of continued uncertainty. I find it very reassuring to know that
   Since its inception six years ago,
                                                                                                                                                 WeirFoulds LLP                                      I am surrounded by such dedicated and capable faculty, students and staff, and
   Queen’s Chapter of the Black Law
                                                                                                        DEPARTMENTS                              Alan Whyte, Law’79 (Artsci’76)                      such loyal and committed graduates. We are an institution that can adapt to new
   Students’ Association of Canada has
                                                                                                                                                 Partner                                             challenges because we seek to honour the sense of community that has made
   boosted the school’s inclusivity and                                                               2 SCHOOL NEWS
                                                                                                                                                 Cunningham, Swan, Carty, Little & Bonham LLP        us strong in the past.
   empowered future black leaders by
                                                                                                     16 FACULTY NEWS                             The Hon. Darla Wilson, Law’84 (Artsci’81)               Best wishes, and take care,
   connecting students with successful
                                                                                                                                                 Justice
                                                                                        JAY PARIS

   alumni mentors.                                                                                   38 ALUMNI NOTES
                                                                                                                                                 Superior Court of Justice                             Mark Walters
   BY KEN CUTHBERTSON, LAW’83                                                                        48 ALUMNI EVENTS                                                                                  Dean of Law
WANTED: SAFE HAVEN FOR MORE - AND SOON - Queen's LAW REPORTS - Queen's University
SCHOOL NEWS

             Banner year for research grants                                                                                                                    Dahan-directed dispute resolution technology platform puts the AI in legal aid
             Queen’s Law professors excelled in national research competitions last year, receiving a grand                                                                                                                      When determining fair sentences, judges usually look to
             total of more than $1 million. This amount is more than double the school’s previous record.                                                                                                                        precedent, laboriously poring over records. But what if the
                                                                                                                                                                                                                                 technology existed to analyze thousands of similar cases quickly
             Lahey wants tax and budget systems to work for all                                                                                                                                                                  and connect low-income and/or remotely located users to a pro
             Professor Kathleen Lahey sees the issues relating to tax revenues and budgetary                                                                                                                                     bono lawyer?
             expenditures growing – specifically how tax laws, government budgets and                                                                                                                                                Enter the Intelligent Dispute Resolution System, a product of
             evolving realities “work invisibly to ‘keep women, vulnerable, and Indigenous                                                                                                                                       the Conflict Analytics Lab operated by Queen’s Law and Smith
             persons in their places’ in every region of the globe, despite the vast number of                                                                                                                                   School of Business and directed by Professor Samuel Dahan.
             binding statutory, regulatory, constitutional and international legal prohibitions                                                                                                                                  Powered by artificial intelligence (AI), this platform –
             on all forms of discrimination against all persons, including on gender and other                                                                                                                                   MyOpenCourt.org – has already produced its first two
             disadvantaging grounds.”                                                                                                                                                                                            tools for self-represented litigants: employee vs contractor
                 Her cumulative $1 million in Social Sciences and Humanities Research Council                                                                                                                                    determinations and severance calculation predictions (see page
             (SSHRC) support got a boost of $434,254 in 2019 grants for three projects “on                                                                                                                                       5). Another tool, algorithms for customer disputes, is well under
             policies that can matter”: Taxing for Gender Equality in Fiscal Governance, Taxing                                                                                                                                  development. These tools are at the heart of a project granted
             for Gender and Economic Equality in Ghana (with Professor Bita Amani and                                                                                                                                            SSHRC funding of $244,562: “AI-Tribunal for Small Claims:
             others), and Economic Gender Equality, Childcare, and Pay Equity in Canada                                                                                                                                          Building an Intelligent Dispute Resolution System.”
             (with partners).                                                                                                                                                                                                        “This is the lab’s core project,” says Dahan, “because it
                 This supported research agenda also increases Lahey’s opportunities to present,                                                                                                                                 touches upon so many areas of our work: legal predictions,
             advise, and advocate globally for both gender equality and equality for all in tax-                                                                                                                                 negotiation support, democratization of technology, and access
             budget systems as a whole. Helping her acquire and analyze data and laws relevant                                                                                                                                   to justice.” His partners are three other professors: Yuri Levin,
             to these projects are six research associates, including Queen’s Law students. Their                                                                                                                                Smith School’s Executive Director of Analytics and AI; Xiaodan
             work enables Lahey to prepare a steady stream of submissions to international                                                                                                                                       Zhu, Electrical and Computer Engineering, Queen’s; and
             organizations, government officials, and open-minded influencers. In terms of                                                                                                                                       Maxime Cohen, Desautels Faculty of Management, McGill. The
             preparedness and response systems, this messaging now includes the COVID-19                                                                                                                                         new grant also supports up to 15 graduate students from law,
             pandemic’s many complex fiscal and policy issues, plus the pandemic’s longer-                                                                                                                                       computing, and data science.
             term implications for future government and sustainability issues.                                                                                                                                                      Dahan sees the system’s applications expanding to small
                                                                                                                                                                                                                                 claims, personal injury, insurance, trademark disputes, and

                                                                                                                                              GARRETT ELLIOTT
                 Lahey actively connects with Canadian and international organizations (e.g., the
             Tax Justice Network, United Nations Women, the IMF) that can help ensure that                                                                                                                                       beyond. Because the system improves its responses by learning as
             governance norms, policies, practices and laws, including revenue, benefit, and other                                                                                                                               it works, he’s hoping for feedback soon from users receiving
             fiscal laws, improve human and biosphere “sustain/ability” and equality for all.                                                                                                                                    positive settlements and companies that integrated the platform
                                                                                                     Professor Kathleen Lahey                                   Professor Samuel Dahan, Director, Conflict Analytics Lab         successfully into their online processes.

                                                                Cockfield to catch global financial criminals                                                   Thomas case book team to provide Canadian schools with tort law’s missing social context
                                                                Canada and most other countries have difficulty tracking and convicting                         Professor Jean Thomas and two Ontario university co-applicants are
                                                                people involved in offshore tax evasion and international money                                 sharing an SSHRC Insight Grant of $130,227 to study “Tort Law in Its
                                                                laundering. Professor Art Cockfield, Law’93, and Professor Christian                            Social Context.” Thomas considers tort law the answer to most lawful
                                                                Leuprecht (RMC and Queen’s Political Science) are working to change that.                       societies’ questions about reasonable conduct, foreseeable harms,
                                                                Armed with a $152,859 research grant and assisted by students and an                            compensable injuries, and how wrongdoers will compensate those they
                                                                innovative tool, they’re digging into the hidden financial underworld.                          have wronged.
                                                                   “We’re compiling facts from case law involving global financial crimes,”                        “In short, it’s a powerful force for shaping the way people treat one
                                                                says Cockfield. “Then we’ll discern patterns for these crimes, which will                       another,” she says, “yet each of these determinations depends upon a
                                                                help governments devise optimal laws and policies that will allow law                           specific judge’s experience and viewpoint.
                                                                enforcement to investigate and arrest financial criminals – and terrorist                          “Since those in positions to make the laws about how people fundamentally
                                                                financiers.”                                                                                    interact come largely from socially dominant groups, tort law may reflect and
                                                                   Having worked together on different global financial crime projects                          reinforce the inequalities, stereotypes and prejudices of the society it springs
                                                                over the past six years, he and Leuprecht came up with a “new approach to                       from. For instance,” she says, “judges have historically been white males
                                                                help understand these pressing social problems.” Part of their research for                     whose idea of ‘reasonable’ may not necessarily resonate with women,
                                                                their five-year, SSHRC-funded project, “Invisible Underworld: Inhibiting                        racialized persons, or those with disabilities. Even in the absence of serious
                                                                Global Financial Crime,” involves sifting through international judicial                        injustices, tort law can underpin and perpetuate those systemic social
                                                                decisions surrounding global financial crime accessible in English and                          inequalities. In effect, tort law’s social context can skew judicial results.”
                                                                coding the data. Then they’ll apply Social Network Analysis, a new social                           That’s why her research team is so concerned with the way tort law is
                                                                science tool that uses computer analysis of data to discern patterns                            taught in Canadian law schools. “The textbooks and casebooks used
                                                                surrounding such crimes.                                                                        barely mention the importance of tort law’s context,” she claims. “This gap
                                                                   While their research will eventually produce one or more books, in the                       between its social significance and the way it is taught is a disservice both
GREG BLACK

                                                                short term Cockfield and Leuprecht are writing a paper and organizing a                         to law students and to justice in Canadian society more broadly. It is this

                                                                                                                                                                                                                                                                                                     GREG BLACK
                                                                conference where the world’s leading experts will exchange information.                         gap that our five-year project aims to bridge by creating a new casebook
             Professor Art Cockfield, Law’93, Associate Dean                                                                                                    for teaching tort law more holistically in the future.”
             (Academic Policy)                                                                                                                                                                                                                r    Professor Jean Thomas

             2 QUEEN’S LAW REPORTS                                                                                                                                                                                                                                         QUEEN’S LAW REPORTS 3
WANTED: SAFE HAVEN FOR MORE - AND SOON - Queen's LAW REPORTS - Queen's University
Weinrib creating a theory for a just administration                                                                                                          Conflict Analytics Lab launches timely tools for pandemic’s job insecurities
             Administrative law hasn’t developed in a coherent way,” says Professor                                                                                       Amid the COVID-19 crisis, millions of              “These tools are as valuable for
             Jacob Weinrib. “It is plagued by incoherence, excessive attention to detail,                                                                                 Canadians find themselves out of work           employers as they are for workers,”                        MyOpenCourt
             and an ever-shifting array of doctrines that leave persons uncertain of                                                                                      and facing uncertainty about returning.         says Dahan. “Navigating employer-                         (myopencourt.org)
             their rights and public officials uncertain of their obligations. I plan to                                                                                  The situation opens workers up to               contractor relationships is challenging,
             create a theory capable of guiding its principled development.”                                                                                              exploitation, particularly in “gig              and severance is difficult to calculate.
                                                                                                                                                                                                                                                                               Free AI-powered platform to help
                With a $55,612 SSHRC grant for his “Just Administration: A Unified                                                                                        economy” jobs where their legal rights          We hope to provide both workers and
                                                                                                                                                                          are unclear.                                    employers with ways to avoid pitfalls                  Canadians answer basic legal
             Theory” project, he will work with student research assistants to explore
             the connection between human rights to state action and the structure                                                                                            MyOpenCourt, a project of the               and find equitable solutions to the                   questions and to connect them
             of modern administrative law. His guiding idea is that the purpose of                                                                                        Conflict Analytics Lab at Queen’s               challenges created by the pandemic.”                      with a pro bono lawyer.
             the administrative state is to realize a class of human rights that cannot                                                                                   University, will now help these workers             Powerful AI technology lies behind
             be fulfilled apart from government action. “We need to understand                                                                                            understand their rights – and options.          both tools. Working from thousands of                  Free web tools launched on
             how human rights both determine the kinds of tasks that administrative                                                                                          “Many Canadian workers cannot                Canadian employment law cases,
                                                                                                                                                                          afford an employment lawyer or live in                                                               May 13 to help Canadians who are
             agencies must perform and impose legal constraints on the mode of                                                                                                                                            MyOpenCourt can make predictions
             their performance.” His ultimate goal is for his articles and conference                                                                                     areas with few skilled employment law           that can offer guidance to workers in               out of work or might be turning to
             presentations to result in greater coherence in the way administrative                                                                                       experts,” says Professor Samuel Dahan,          these uncertain situations.                          the gig economy to supplement

                                                                                                                                                    GREG BLACK
             law is taught and developed not only in Canada but around the world.                                                                                         Director of the Conflict Analytics Lab.             While these applications cannot                 their income during the pandemic.
                                                                                                                                                                          “Since COVID-19’s arrival in Canada,            take the place of a lawyer, they can
                                                                                                 Professor Jacob Weinrib                                                  we’ve seen nearly two million jobs lost         help clients understand whether they
                                                                                                                                                                                                                                                                                  MyOpenCourt is a project of
                                                                                                                                                                          with terminations and layoffs across            even have a case before they approach
             Kerr studies collective experience in sentencing racialized defendants                                                                                       many different sectors. As job losses           a lawyer. Should a user discover they                the Conflict Analytics Lab (CAL) at
                                                                      A judge must weigh many factors at sentencing, notes Professor and                                  started to accumulate in the early weeks of     do have a case, MyOpenCourt will                      Queen’s University, which strives
                                                                      Criminal Law Group Director Lisa Kerr: the gravity of the offence, the                              the pandemic, we realized we needed to          automatically connect the user to a                 to build a fairer future by improving
                                                                      degree of responsibility, and the potential collateral consequences of                              speed up the launch of our tools to help        partnering law firm at no cost.                        access to justice through data
                                                                      punishment. In 1997, in response to the overrepresentation of Indigenous                            Canadians who have lost work.”                      The MyOpenCourt tools have been
                                                                      people in custody, Parliament directed judges to exercise restraint in the use                                                                                                                              analytics research. The CAL,
                                                                                                                                                                              MyOpenCourt currently features two          developed by students and researchers
                                                                      of prison and pay “special attention” to the circumstances of Indigenous                            free and simple-to-use web-based tools          at Queen’s Faculty of Law, Queen’s                     directed by Professor Samuel
                                                                      people. In 1999, the Supreme Court in R v. Gladue held that judges must                             that harness artificial intelligence and        Smith School of Business, Queen’s                       Dahan, combines academics,
                                                                      consider systemic and historic factors when sentencing Indigenous                                   data science technologies. Both are             Faculty of Engineering and Applied                     technology experts and legal
                                                                      defendants. As a result, case-specific Gladue Reports have become a model                           available at the project site at                Science, and partners like McGill
                                                                      for assessing culpability in light of collective experience at sentencing.                                                                                                                                 professionals to revolutionize
                                                                                                                                                                          myopencourt.org.                                University and institutions based in the
                                                                          After observing the extension of these approaches to the sentencing of                              The “Am I an employee or contractor?”       U.S. and Europe. Professor Maxime                      people’s approach to conflicts
                                                                      other racialized defendants, Kerr successfully applied for SSHRC support for                        application can determine the likelihood        Cohen of McGill and Professor                          and to better serve those who
                                                                      her project “Sentencing Racialized Defendants: Collective Experience and                            that a work arrangement is an                   Jonathan Touboul of Brandeis                          cannot afford traditional justice.
                                                                      the Promise of a Fit Sanction.” She is using the $45,550 grant to hire research                     employment relationship or that of a            University provided data science
                                                                      assistants, attend court hearings and conferences, and convene non-
GREG BLACK

                                                                                                                                                                          contractor through a fast, anonymous            expertise, helping to translate the case                       Learn more at
                                                                      adversarial events where experienced lawyers, judges and community                                  questionnaire.                                  data into predictions.
                                                                      advocates can address whether and how to “extend” Gladue.                                                                                                                                                 conflictanalytics.queenslaw.ca
                                                                                                                                                                              Workers who believe they have                   Unfortunately, the MyOpenCourt
             Professor Lisa Kerr
                                                                                                                                                                          been wrongfully dismissed can use the           technology cannot currently be used to
                                                                                                                                                                          “How much severance am I entitled               generate case outcomes for Québec-
             Vasanthakumar studies transitional and transnational justice for exiles                                                                                      to?” tool to calculate reasonable notice        based clients.
             Following civil wars, diasporas – groups who have settled in foreign countries                                                                               for dismissal.                                                           — PHIL GAUDREAU

             after flight or exile – become communities of concern to both their countries
             of origin and residence. What rights and responsibilities still tie exiles to the
             former, and how is the latter obligated to facilitate this relationship?
             “Contentious questions,” observes Professor Ashwini Vasanthakumar, who
             has been awarded $33,650 to find answers.
                 Her SSHRC project, “Transitional Justice as Transnational Justice:
             partnering with diasporas to secure justice from afar,” looks both
             backwards and forward. “Transitional justice involves righting wrongs,
             rebuilding societies, and fostering trust,” Vasanthakumar says. “When a
             diaspora contains victims and perpetrators of these injustices, and is a site
             of criticism and opposition to the government in power, its involvement
                                                                                                                                                    ANDREW VAN OVERBEKE

             can be fraught if necessary.”
                 She is basing her research on Toronto’s Sri Lankan Tamil diaspora, 11
             years post war. Previous fieldwork with this community has convinced her
             that their complex, ongoing situation “offers important scope for public                                                                                     As the number of job losses in the Canadian economy approached a record-high 2 million due to COVID-19, the Conflict Analytics Lab directed
             debates and research to inform both Canadian and international policy.”                                                                                      by Professor Samuel Dahan released two free web tools on May 13 to help Canadians who are out of work or might be turning to the gig
                                                                                                 Professor Ashwini Vasanthakumar                                          economy to supplement their income during the pandemic.

             4 QUEEN’S LAW REPORTS                                                                                                                                                                                                                                                          QUEEN’S LAW REPORTS 5
WANTED: SAFE HAVEN FOR MORE - AND SOON - Queen's LAW REPORTS - Queen's University
Webber given ‘Royal Assent’                                                                                                                        Flanagan appointed University of Alberta’s 14th President
             Professor Grégoire Webber was inducted into the Royal Society of Canada’s                                                                          Bill Flanagan, Dean of Queen’s Law from 2005 to 2019,
             College of New Scholars, Artists and Scientists when it met in Ottawa last                                                                         steps into his new role as President and Vice-Chancellor
             November. Membership is academic Canada’s highest recognition of research and                                                                      of the University of Alberta on July 1. “After an extensive
             scholarly accomplishment. Members may have achieved academic excellence,                                                                           international search and careful consideration of many
             mentored young scholars, or advised governments, NGOs and fellow Canadians                                                                         outstanding candidates, we are proud to select Bill Flanagan
             on matters of public interest.                                                                                                                     – an outstanding academic leader and innovator,” said Kate
                Already in his 13-year career, Webber has taught at Canadian and U.K. universities,                                                             Chisholm, QC, Chair of U of A’s Board of Governors, on
             been widely published, has advised multiple branches of government, and even                                                                       March 19. With the university at a “critical juncture,” given
             co-founded (with Owen Rees, Law’02) a not-for-profit to improve the quality of                                                                     dramatic shifts in the province’s post-secondary landscape
             Supreme Court advocacy. At Queen’s, he is the Canada Research Chair in Public Law                                                                  and its immediate reaction to COVID-19, she cited Flanagan’s
             and Philosophy of Law. As a new RSC member, he wants to develop a mentoring                                                                        “proven ability to identify opportunities for growth to the

                                                                                                                                                                                                                                                                                                          GREG BLACK
             guide to helping new academics share their work with the broader community.                                                                        benefit of the research and teaching mission of the whole
                In congratulating him, Dean Mark Walters, Law’89, said, “Professor Webber has                                                                   university” at Queen’s Law as key to his selection for the role.
             made a truly significant mark in the fields of constitutional law and constitutional                                                                                                                                     Bill Flanagan, University of Alberta President

                                                                                                                                                   GREG BLACK
             theory on both the national and international levels, helping policy-makers
             address some pressing issues that dominate our social and political lives.”                                                                        Anand a first-time MP and cabinet minister                            LSS salutes Khimji’s excellent teaching
                                                                                                          Professor Grégoire Webber                                                                      Anita Anand,                 Professor Mohamed Khimji, the David Allgood Professor
                                                                                                                                                                                                         a Queen’s Law                in Business Law, won the 2020 Stanley M. Corbett Award
                                                                                                                                                                                                         professor from               for Teaching Excellence. His nominees lauded him for
             Highest research title for Lahey and Bala: ‘Distinguished University Professors’                                                                                                            1999 to 2005, was            enthusiastically making cutting-edge corporate law issues
             Two Law faculty members in two years have received                   contributions to Queen’s, Canada and the world.                                                                        elected Liberal MP           accessible to students, challenging them with engaging
             Queen’s highest research-related honour: the Distinguished              Professor Kathleen Lahey, whose exceptional work                                                                    for Oakville on              assignments and going above and beyond in offering
             University Professor title for outstanding and sustained             on gender, the Indigenous, LGBQTTI2SF, poverty,                                                                        Oct. 19, 2019, and           thoughtful feedback. Like all Law Students’ Society award
             research, teaching excellence, and significant and lasting           development, and environmental sustainabilities in tax,                                                                a month later was            winners announced in April, Khimji gave his acceptance
                                                                                  budgetary, and human rights laws has influenced her                                                                    sworn in as Minister         from home via video, but he had a helper: son Zain,
                                                                                  teaching and legal policy work in all regions of the world,                                                            of Public Services           who had a special message for the class of 2020.
                                                                                  as well as in Canadian courts, was named Distinguished                                                                 and Procurement
                                                                                  University Professor in May. She has requested it be                                                                   by Prime Minister
                                                                                  conferred in honour of Indigenous scholar and advocate                                                                 Justin Trudeau.
                                                                                  Trish Monture, Law’88, LLD’09.                                                                                         She is Canada’s
                                                                                     Professor Nick Bala, Law’77, whose outstanding                                                                      first-ever Hindu
                                                                                  contributions to family law have significantly impacted                                                                cabinet minister.
                                                                                  Canada’s justice system, was an inaugural honoree. The                        Anita Anand, Minister of Public Services A legal academic
                                                                                  designation of William R. Lederman Distinguished                              and Procurement                          for 20 years, she
                                                                                  University Professor – the title plus his chosen honorific –                  is an expert on the regulation of capital markets, with a
GREG BLACK

                                                                                  was officially bestowed on him at 2019’s Fall Convocation.                    specific focus on corporate governance, enforcement,
                                                                                     As Bala says, the designation reflects not only on oneself,                capital-raising techniques and systemic risk. Dean Mark
                                                                                  but also, in his case, “on the whole Faculty, now such a                      Walters calls his former colleague “an intellectual force
             Professor Kathleen Lahey        Professor Nick Bala, Law’77          strong research centre.”                                                      to be reckoned with.”

                                                                                                                                                                                                                                      LSS teaching award winner Professor Mohamed Khimji with son Zain.
             New focus on Global Justice at Queen’s Law
             Legal scholarship took another step forward last fall when the                                                                                     Meet Dean Mark Walters’ three newest strategic alumni advisors
             Faculty became publisher of the Philippe Kirsch Institute’s PKI                                                                                    Three prominent graduates recently             all in Toronto. On a one-year leave since       Supreme Court of Canada on landmark
             Global Justice Journal (https://globaljustice.queenslaw.ca/),                                                                                      joined the Dean’s Council to give him          September, she has spent time at Queen’s        treaty cases.
             with Professor Sharry Aiken as its co-editor-in-chief.                                                                                             advice on the school’s strategic directions    Law drafting modernized instructions for
                 “My hope is that the Journal will be a leading venue for                                                                                       and to help with its efforts in fundraising,   Ontario judges to prepare their jurors for                          Allan McGavin,
             commentary and insights by researchers and practitioners                                                                                           alumni network expansion, plus student         civil trials.                                                       Law’12 (Com’08),
             engaged in the field of international justice – here at Queen’s                                                                                    recruitment and placement.                                          Jaimie Lickers,                                a corporate lawyer
             and beyond,” she said at the launch. “The Journal aligns well                                                                                                                                                          Law’07, is a partner                           with Farris LLP in
             with the work of the SSHRC-funded Canadian Partnership for                                                                                                          Justice Darla                                      in Gowling WLG’s                               Vancouver, advises
             International Justice, of which Professor Darryl Robinson and                                                                                                       Wilson, Law’84                                     Hamilton office and                            owners, directors
             I are co-researchers.”                                                                                                                                              (Artsci’81),                                       national leader of the                         and executives of
                 A hybrid academic journal and blog, the Journal is designed to                                                                                                  appointed to the                                   firm’s Indigenous                              both public and
             educate academics, students and practitioners on developments                                                                                                       Superior Court of                                  Law Group. An              private companies across various
             in international human rights law, humanitarian law, international   Queen’s Law now publishes the PKI Global Justice Journal, with                                 Justice in 2007, has led                           experienced litigator,     industries. He’s also a member of
             criminal law, plus transnational and transitional justice.           Professor Sharry Aiken as its co-editor-in-chief.                                              two teams of civil            she advances First Nations’ wealth,             the school’s BC Alumni Council
                                                                                                                                                                                 judges and is a board         economic development, autonomy and              and Director of the QUAA Global
                                                                                                                                                                member of the Court’s Judges’ Association,     rights, and has appeared before the             Branch Network.

             6 QUEEN’S LAW REPORTS                                                                                                                                                                                                                                               QUEEN’S LAW REPORTS 7
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Trio of Associate Deans expands                                                                     New clinic director to cultivate                                                                           remarked that the visitors “already knew quite a bit about
Walters’ leadership team                                                                            local ‘innovation ecosystem’                                                                               studying law and had good questions about the profession.”      2021-22 clerkships climb to new record
                                                                                                                                                                                                                  Aboriginal law instructor Hugo Choquette, Law’05,
                                                                                                                                                                                                                                                                               Working with some of the greatest legal minds across
Dean Mark Walters appointed two faculty members and                                                                              Tomi Adebiyi was promoted to                                                  LLM’10, PhD’17, recently appointed Academic Director of
                                                                                                                                                                                                                                                                               the country is a crowning achievement for new grads.
reappointed a third to senior academic positions on his                                                                          Director of the Queen’s Business                                              the Certificate in Law program, says, “We can learn from
                                                                                                                                                                                                                                                                               Surpassing last year’s record of 14 clerkship recipients,
leadership team in March. Professor Art Cockfield, a Law                                                                         Law Clinic (QBLC) last November                                               Akwesasne, and in return faculty and students can provide
                                                                                                                                                                                                                                                                               15 of Queen’s Law’s finest got the nod this spring for
alumnus, tax law scholar and policy consultant who has                                                                           after only 10 months as a staff                                               some help where the community needs it.” To date, that
                                                                                                                                                                                                                                                                               2021-22. Leading the way are three selected to clerk at
received more than $6 million in research grants over                                                                            lawyer supervising the students                                               help includes child welfare and international trade law
                                                                                                                                                                                                                                                                               the Supreme Court of Canada. “I am thrilled at the idea
his career, is Associate Dean (Academic Policy).                                                                                 who serve the clinic’s start-up and                                           projects, and training justices of the peace.
                                                                                                                                                                                                                                                                               of working alongside the incredible legal minds –
   Professor Gail Henderson, a corporate law expert and                                                                          entrepreneur clients. Born in

                                                                                       GREG BLACK
                                                                                                                                                                                                                                                                               justices, other clerks and court staff – who make up
collaborator in three grant-funded research projects into                                                                        Lagos, she practised with one of                                              Indigenous students shine                                       the Supreme Court,” says Siobhan Morris, Law’19, who
financial empowerment and financial literacy since joining                                                                       Nigeria’s leading business law
                                                                                                                                                                                                                                                       Kanyen’keha:ka          will work directly with Chief Justice Richard Wagner.
Queen’s in 2016, is now Associate Dean (Faculty Relations).                                         Tomi Adebiyi                 firms for about three years before
                                                                                                                                                                                                                                                       woman Stacia Loft,      “I expect to learn a great deal from everyone, and I can’t
   Professor Joshua Karton, an expert on international                                              emigrating to complete an LLM (corporate/commercial law) at
                                                                                                                                                                                                                                                       Law’20, a two-term      wait to make my own contributions to the service that
commercial law and co-lead researcher on the largest-ever                                           McGill, work with Saskatchewan’s Pro Bono Law and Human
                                                                                                                                                                                                                                                       elected Band            the Court provides to the Canadian public.”
empirical study of international arbitration, continues as                                          Rights Commission, and then join Queen’s. Her new role is to
Associate Dean (Graduate Studies and Research), a position                                          enhance experiential learning opportunities for students and                                                                                       Councillor of the
he has held since 2017.                                                                             to build relationships with more community organizations in                                                                                        Mohawks of the          Clerkships for 2021-22
                                                                                                    Kingston’s “innovation ecosystem” – social enterprises, not-                                                                                       Bay of Quinte,
                                                                                                                                                                                                                                                                               Supreme Court of Canada:
                                                                                                    for-profits and charitable corporations – that will help the                                                                                       was selected to
                                                                                                                                                                                                                                                                               Siobhan Morris, Law’19 (Chief Justice Richard Wagner);

                                                                                                                                                                                             GARRETT ELLIOTT
                                                                                                    Kingston area’s budding entrepreneurs and innovators.                                                                                              participate in the
                                                                                                                                                                                                                                                                               Don Couturier, Law’20 (Justice Nicholas Kasirer);
                                                                                                                                                                                                                                                       Governor General’s
                                                                                                                                                                                                                                                                               Jocelyn Rempel, Law’20 (Justice Michael Moldaver)
                                                                                                    Strengthening ties with Akwesasne                                                                                                                  Canadian Leadership
                                                                                                                                                                                                                                                       Conference, won the     Federal Court of Appeal:
                                                                                                                                                                                                               2019 Dentons Canada LLP Best Substantive Paper Award            Irene Cybulsky, Law’20 (Justice David Near);
                                                                                                                                                                                                               for “Tax Liberty as Law: Beyond the Confines of an Imposed      Aicha Raeburn-Cherradi, Law’21 (Justice Donald Rennie)
                                                                                                                                                                                                               Taxation System on First Nations Peoples” and will be
                                                                                                                                                                                                                                                                               Federal Court:
                                                                  GREG BLACK

                                                                                                                                                                                                               articling with Amnesty International Canada.
                                                                                                                                                                                                                                                       Rachel Hay, Law’21, a   Kelly Zhang, Law’21 (Justice Christine Pallotta)
                                                                                                                                                                                                                                                       28-year-old resident    Tax Court of Canada:
Associate Deans Art Cockfield, Gail Henderson and Joshua Karton                                                                                                                                                                                        of Tyendinaga           Dennis Do, Law'20; Felix Lavoie, Law'20
                                                                                                                                                                                                                                                       Mohawk Territory, is
                                                                                                                                                                                                                                                       one of the youngest     Court of Queen’s Bench of Alberta:
                                                                                                                                                                                                                                                       people ever invited     Carly Williams, Law’21
Former military lawyer now Assistant Dean
                                                                                                                                                                                                                                                       to address a Law and    B.C. Supreme Court: Rory Shaw, Law’20
Phillip Drew, Law’00, LLM’12, previously an Intelligence                                                                                                                                                                                               Society Association
Officer with the Canadian Armed Forces and a lawyer in the

                                                                                                                                                                            MAGGIE DOHERTY
                                                                                                                                                                                                                                                       conference. Her         B.C. Court of Appeal: Michelle de Haas, Law’21
Judge Advocate General’s Office, was appointed Assistant

                                                                                                                                                                                             LISA GRAHAM
                                                                                                                                                                                                                                                       selected research       Ontario Court of Appeal: Rachel Oster, Law’20
Dean of JD and Graduate Legal Studies in January. He’s a 31-                                                                                                                                                                                           paper asserts that
year military veteran who holds a doctorate in international                                                                                                                                                                                           “it’s impossible and    Ontario Superior Court: Brad Alford, Law’21;
law from the University of Frankfurt (Oder), has been                                               Elder Rick Oakes, Mohawk Nation Council of Chiefs Helper, holds up                                         unviable for colonial countries to continue to ignore and       Kathy Jiang, Law’21; Isabel Yoo, Law’21
teaching in the International Law Programs at Herstmonceux                                          a historic wampum belt as he explains the origins of the pre-colonial                                      reject Indigenous rights to sovereignty.”
Castle since 2012 and has been an Associate Professor with                                          Six Nations Confederacy to Queen’s Law community members at                                                                                        Darian Doblej,
Australian National University College of Law since 2016.                                           the “Understanding Through Learning” roundtable held in                                                                                            Law’21 (Artsci’18),
In his new position, he’s responsible for legal education,                                          Akwesasne Mohawk Territory.                                                                                                                        a member of
from admissions and program design through to ensuring                                              Queen’s Law continues to build important relationships with                                                                                        Whitesand First
that the curriculum meets accreditation requirements.                                               the Akwesasne Mohawk community, unique for having                                                                                                  Nation, won Osler’s
                                                                                                    Canada’s first court established by and for Indigenous                                                                                             Diversity Scholarship
                                                                                                    Peoples. Last October, 40 Queen’s Law community members                                                                                            and the Indigenous
                                                                                                    day-tripped two hours east for a third annual visit that                                                                                           Bar Association’s

                                                                                                                                                                                             GARRETT ELLIOTT
                                                                                                    involved sessions on traditional Indigenous dispute                                                                                                scholarship for
                                                                                                    resolution, a Mohawk law case study, and a community                                                                                               serving and
                                                                                                    justice panel Q&A.                                                                                                                                 advancing his
                                                                                                       “We came away knowing a lot more about Indigenous law                                                                                           people’s interests
                                                                                                    and justice,” says Dean Mark Walters, “but also about how                                                  with honour and integrity. He has been Whitesand’s              Topping the list of students and new grads selected to clerk with
                                                                                                                                                                                                                                                                               justices of Canadian courts are three heading to the Supreme
                                                                     GARRETT ELLIOTT

                                                                                                    the non-Indigenous justice system works. What we learned                                                   delegate to child welfare discussions, commissioner of a
                                                                                                    should trouble and motivate us.”                                                                           provincial inquiry into Sexual Violence and Harassment in       Court in 2021-22: Siobhan Morris, Law’19, Don Couturier, Law’20,
                                                                                                       Last July, Ann Deer, Indigenous Recruitment and Support                                                 First Nations Communities, and an advisor to then-Premier       and Jocelyn Rempel, Law’20.
                                                                                                    Coordinator, arranged a campus visit for 50 eager Akwesasne                                                Kathleen Wynne’s landmark revamp of Ontario’s child
Assistant Dean Phillip Drew                                                                         high schoolers. Scott Stewart, Law’21, one of their tour guides,                                           welfare legislation.

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FEATURE

                                Coping with
                              the COVID crisis
        Through resilience, initiative, innovation and that legendary
 collegiality, the Queen’s Law community continues rising to the challenges
                of a global crisis unprecedented in our lifetimes
                                                       BY LISA GRAHAM

A
         s the novel Coronavirus bounded across oceans into Canada, federal and provincial
         governments quickly declared states of emergency. Queen’s and other academic institutions
         cancelled in-person classes and closed their doors, following best practices to safeguard
public health and to plan for possible long-term ramifications. The following pages are an account                                          By March 16, new Associate Dean (Academic Policy) Art Cockfield, Law’93, had already prepared his Remote Teaching Plan (part of Law’s
                                                                                                                                            Covid-19 Educational Response) and presented it to all fellow instructors, whether in person (above) or on-line via chosen platform Zoom.
of how COVID-infused developments continue to unfold here, seen through the lens of law school
members. There are clear signs that what Albert Einstein said is true: “In the midst of every crisis
lies great opportunity.”                                                                                                                       The law school had a strong foundation for this pivot,                Faculty ‘zoom’ into remote classes
                                                                                                                                            having begun three years earlier to explore how blended
                                                                                                                                            learning and new technologies could more fully engage                    “Like many professors, I had to learn these technologies
Educational innovation pushed by a pandemic                                                                                                                                                                          on the fly for my own classes,” reflects Cockfield. “We
                                                                                                                                            future legal professionals. Since then, support teams highly
“We are entering uncharted territory,” wrote Dean Mark                 tell you how appreciative I am of our faculty members                skilled in educational innovation, online learning and IT                considered a lot of different approaches, but ultimately
Walters, Law’89, in a March 14 email to students, one day              and sessional instructors working very hard to meet the              have been hired, including Assistant Dean Laura Kinderman                Zoom was the best technology for most faculty.”
after announcing the Faculty would be delivering the last              challenges of the Coronavirus crisis. Their dedication to            who oversees education innovation and online programs.                      Professor Nick Bala, Law’77, once trained, also
three weeks of JD and graduate classes remotely. “I can’t              our students is truly impressive.”                                   “We’re in a unique position,” Walters assured students;                  transitioned quickly to teaching online. On the first day of
                                                                                                                                            “We already have online programs and teams in place with                 remote classes, he delivered his Family Law lecture to 72
                                                                                                                                            expertise and knowledge.”                                                students, and “liked Zoom’s interactive nature.” He used it                     r
                                                                                                                                               Walters and his senior administrators prepared a
                                                                                                                                            COVID-19 Education Response Plan, detailing resources for
                                                                                                                                            instructors replacing face-to-face teaching with real-time
                                                                                                                                            classes using Zoom, a remote conferencing platform;
                                                                                                                                            augmenting PowerPoint slides with voiceover audio; and
                                                                                                                                            enabling class discussions or individual chats using OnQ ,
                                                                                                                                            the university’s learning management system.
                                                                                                                                               To put that new teaching into action, newly appointed
                                                                                                                                            Associate Dean (Academic Policy) Art Cockfield, Law’93,
                                                                                                                                            presented a Remote Teaching Plan on March 16 to a few
                                                                                                                                            faculty members in person and to others via Zoom. He
                                                                                                                                            spoke about communicating and managing expectations
                                                                                                                                            and how to get technology and teaching support. Shaun
                                                                                                                                            Leung, IT Support Assistant, demonstrated the resources
                                                                                                                                            available.
                                                                                                                                               That same day, the World Health Organization’s Director-
                                                                                                                                            General called COVID-19 “the defining global health crisis
                                                                                                                                            of our time.” On March 17, Ontario declared a state of
                                                                                                                                            emergency, followed by B.C. and Alberta. Only “essential”
                                                                                                                                            staff, such as those in IT, were still working in the Queen’s
                                                                                                                                            Law building by week’s end. Others began working from                    On March 13, Professor Nick Bala, Law’77, tried remote teaching with
Dean Mark Walters, Law’89, receives an explanation about an online platform from IT staffer Emmanuel Mendez as the Faculty transitions to   home, as faculty already were. Continuing to provide students            Zoom conferencing software, supported by IT staff member Theresa
remote teaching in response to the COVID-19 pandemic. Social distancing would soon come into effect on campus.                              with the best legal education possible was paramount.                    Afolayan. Zach Rudge was among the students online.

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next for his Contracts class of 38. “Students in this smaller                                                                        Law’s collegiality trumps COVID at end
class were more willing to use mics,” he says, “so we were
                                                                                                                                                                                                                     “We should all be proud to be
able to do some ‘Socratic teaching,’ but those in the larger                                                                         of term: students’ perspective
class preferred typing questions into Zoom’s chat box.”
                                                                                                                                                                                                               at a school where, in a time of great crisis,
                                                                                                                                     Although COVID-19 challenges university students
   Bala taught that first Zoom class from his campus office                                                                          everywhere, Queen’s Law students made an important                            the impulse of everyone has been
with an IT person ready to assist, but not needed. “After                                                                            discovery: not even a pandemic can break the bonds within
that,” he says, “I knew I could do it from anywhere. When                                                                            their close-knit community.                                                  to look out for those around them.”
we can’t be with students in person, being with them in                                                                                  Newly elected LSS President Ross Denny-Jiles,
real time is the next best thing.”                                                                                                   Law’22, heard about class cancellations during his first                            — Ross Denny-Jiles, Law’22, LSS President, 2020-21
   Other faculty members had been using Zoom before                                                                                  Faculty Board meeting on March 13. “Though we had all
the emergency – many of Bala’s younger colleagues                                                                                    been speculating about Queen’s official response, that’s
doing it instinctively. One of those, Professor Nicolas                                                                              when it really sank in that the remaining term might be                 Dean and his senior team – Associate Deans Art Cockfield
Lamp, finds online classes are also “rewarding social           IT staff member Shaun Leung (foreground) tests the Zoom platform     very different from what we’d expected,” he says.                       and Joshua Karton, Assistant Deans Phillip Drew and Laura
experiences because they let isolated students see              online with Professor Alyssa King, who launched a “COVID and the         Outgoing LSS President Colette Koopman, Law’20,                     Kinderman, and Executive Director Deanna Morash. From
and talk to their peers.”                                       Courts” web page on the Conflict Analytics website to track and      was in a meeting of Law’s Strategic Planning Committee,                 the pandemic’s onset, they were all willing to hear student
                                                                archive all the different COVID-related changes to court and         helping draft a framework for the school’s next four years.             concerns, Koopman says. “We used video calls to work
                                                                alternative dispute resolution procedures in each Canadian               Shailaja Nadarajah, Law’21, recalls Professor Lisa Kelly            out issues together, they shared their reasoning behind
                                                                province and territory.                                              joking at the end of her last in-person Evidence class on March         decisions and always kept students updated.” Denny-Jiles
               “Our basic goal is to have
                                                                                                                                     11 that the next time they saw her might be on Zoom. “We                echoes that appreciation of the strategy team’s concern for
              students graduate on time.”                           Holding town hall from home                                      laughed then,” she says, but students’ lives changed suddenly,          students, but also applauds fellow students for earnestly
                                                                                                                                     making them the first cohort to learn via remote teaching.              and quickly supporting the Faculty’s crisis response.
                                       — Dean Mark Walters                                                                               Koopman, who’d never taken an online course, applauds                  Throughout the unprecedented final seven weeks of
                                                                                                                                     her teachers’ “excellent job in engaging with students and              term, what stood out, Koopman adds, was the “collegiality,
                                                                                                                                     continuously refining their techniques, some using Zoom                 care and thoughtfulness of the Law community. People
Dean uses open forum to describe                                                                                                     breakout rooms successfully to simulate discussion groups.”             made time to check on one another and make sure they
                                                                                                                                         For Nadarajah, working with the Queen’s Family Law                  were all updated.” Denny-Jiles observes that “when
decision-making to students                                                                                                          Clinic gave her a sense of normalcy. “We weren’t able to be             isolating, it would be understandable if you kept your head
With COVID’s implications for class work, exams, grades,                                                                             in the clinic,” she explains, “but the staff worked tirelessly          down and just got yourself through this critical semester,
and deadlines troubling JD students, Dean Walters,                                                                                   to ensure we were supported, whether through remote                     but I have been struck by the level of compassion and
Associate Dean Cockfield and Assistant Dean Phillip                                                                                  supervision meetings, phone calls with review counsel,                  concern displayed in our community. Whether it’s students
Drew (Law’00, LLM’12) hosted virtual town halls via                                                                                  or getting files scanned.”                                              advocating for peers in complicated home situations or
Zoom on March 26, answering students’ questions and                                                                                      The next new experience was completing final exams                  professors working steadily to improve interactions with
explaining how they’d ensure minimal impact on grades                                                                                remotely. “Not being surrounded by other students                       remote classes, everyone has shown concern for each
and prospects.                                                                                                                       alleviated some pre-exam nerves,” Koopman admits,                       other’s well-being.
   “This is unprecedented for us all, so some difficult                                                                              “but downloading the exam brought them all back.”                          “We should all be proud to be at a school where, in a
decisions must be made, and quickly,” said Walters.                                                                                      As the outgoing and incoming LSS presidents, Koopman                time of great crisis, the impulse of everyone has been to
“Our basic goal is to get you through the academic year                                                                              and Denny-Jiles worked during the early crisis with the                 look out for those around them.”                            r
successfully. For you third-years, it’s to have you graduate
on time and get started on your career.”
   Cockfield, noting his keen awareness of “some students
struggling with disadvantages,” assured them of the
optional pass/fail grading system’s fairness and flexibility.
Two “fail safe” options he explained to them for final
grades were to convert a D (or higher) to P (pass) or
drop a course.
   When asked how employers would now view Queen’s
Law transcripts, Drew explained that a variety of
stakeholders had been consulted, including Law Students’
Society (LSS) reps, faculty, and senior Canadian and
international law professionals. “They concluded this
grading system is the best for our students,” he said. “A ‘P’
on a Queen’s transcript will tell prospective employers         At two virtual town halls via the Zoom meeting platform, Dean Mark
that something in the student’s life at this extraordinary      Walters, Associate Dean Art Cockfield and Assistant Dean Phillip
time has had a negative effect on that student’s ability to     Drew explain the school’s pandemic planning decisions and address    Colette Koopman, Law’20, Shailaja Nadarajah, Law’21, and Ross Denny-Jiles, Law’22, share their experiences during an extraordinary final
perform to his or her full potential.”                          student concerns about class work, exams, grades and deadlines.      seven weeks of term, when what stood out was the “collegiality, care and thoughtfulness of the Queen’s Law community.”

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continued via Zoom, and clinic lawyers started supervising
                                                                                                                                               student caseworkers by phone and email. Most staff
                                                                                                                                               transferred quickly to working from home. As Executive
                                                                                                                                               Director Karla McGrath, LLM’13, put it, “Like everyone,
                                                                                                                                               we are all learning lots of new ways of doing old things.”
                                                                                                                                                   Courts, tribunals and community partners were similarly
                                                                                                                                               affected by the state of emergency.
                                                                                                                                                  “Collaborating with our colleagues locally, provincially,
                                                                                                                                               nationally and internationally, we are assessing and
                                                                                                                                               addressing the particular challenges that face many of our
                                                                                                                                               clients during this extraordinary time,” says McGrath.
                                                                                                                                               “While the country is told to stay home and use electronic
                                                                                                                                               communication, we must decide how best to serve clients
                                                                                                                                               who may have limited pay-as-you-go phone plans, no
                                                                                                                                               access to the internet and sometimes even no home.”
                                                                                                                                                   Directors and lawyers of the five clinics continued
                                                                                                                                               serving clients remotely in April, while planning for their
                                                                                                                                               summer student workforce. “We are learning new ways              Working from his Kingston-area home, Paul Quick, Law’09, staff
                                                                                                                                               to teach students not only how to do the job, but also how       lawyer with the Queen’s Prison Law Clinic, was instrumental in
The International Business Law and Public International Law programs, long held annually at Queen’s BISC (The Castle), were delivered online   to do the work while remote from each other, from us and         setting a pandemic precedent for at-risk inmates.
this spring. Among other timely topics, students studied the international legal response to the pandemic in real time.                        from their clients.”

Learning international law                                                lectures via Zoom with speakers the students would                   From closed clinic door to                                       Looking back (to jobs well done);
at Queen’s e-Castle                                                       normally meet during Castle field trips,” says Lamp. “We also        knocking on prison gates                                         Moving forward (to fall promises)
                                                                          have career panels providing students with networking
The Coronavirus closed the Castle, but when law students                  opportunities and career advice. Online, we can access a             When the Coronavirus crisis closed Queen’s doors and             With Ontario daring to start opening doors in mid-May,
couldn’t go to Queen’s U.K. campus this spring, the castle                broad range of alumni around the world.”                             instituted work-from-home in mid-March, few might have           though none on schools or universities, Queen’s Law
experience came to them. The unique International Law                        The pandemic poses extraordinary challenges not only for          imagined the Prison Law Clinic’s staff and students jumping      students received a kind of report card from their Dean. It
Programs, a sought-after spring-term staple at the Bader                  national governments, but also for international institutions.       into a new crusade. One of only two dedicated prison             thanked them for their response to the pandemic “so far”
International Study Centre (BISC) for 19 years, was delivered             One global health law expert lectured on the role of WHO,            clinics in Canada, it has a sterling reputation for front-line   and promised that whether they saw their professors and
to 65 students online in May and June.                                    one such institution, during a pandemic – “very timely,” says        legal services to Eastern Ontario’s federal prisoners.           classmates in person or on-screen it would be “an exciting
    “They got the same academic experience that they would                Lamp, “for our programs to be teaching students the                  Now, with a highly infectious disease putting Canada in          new academic year . . . in a very distinctive form.”
at the BISC,” says Professor Nicolas Lamp, Academic Director              international legal response to the pandemic in real time.”          emergency lock-down, it was fielding desperate calls from            Dated May 20, Mark Walters’ email thanked school
of the International Law Programs. “We offer the same                                                                                          medically vulnerable inmates and their families.                 members for their “resilient and creative” response when
courses with the same instructors – except through Zoom.”                                                                                         Around the world, categories of inmates were being            COVID-19 struck. “The fall term will look and feel different
Those instructors are leading academics and practitioners in
                                                                          COVID closes clinics but services continue                           released to protect both prisoners and staff. In Canada, with    from normal,” he continued, noting plans for some in-person
international business law and public international law.                  In the week of March 16, the door to the Queen’s Law                 170 prisoners, plus staff, COVID-positive by mid-April, the      learning if provincial regulations permit, “but I am confident
    “To emulate the field trip experience, we’ve had guest                Clinics was closed to clients and then to students. Courses          federal Correctional Service had done nothing to reduce the      that, in the end, the defining features of Queen’s Law – its
                                                                                                                                               population of its overcrowded prisons.                           unique sense of community and the dedicated commitment
                                                                                                                                                  Among cases where pre-existing conditions would make          to creating a rigorous and exciting learning and research
                                                                                                                                               COVID-19 a death sentence, Derek Snow’s topped the               environment – will shape the experience. For all.”
                                                                                                                                               virtual pile on the desk of clinic lawyer Paul Quick, Law’09.        At an earlier strategy team meeting, Associate Dean Art
                                                                                                                                               Snow, 53, had a long but non-violent record; also, cancer,       Cockfield, calling the school’s staff “professional and
                                                                                                                                               diabetes and COPD, a July 2020 release date, and a sister        capable,” had given credit “for everybody pulling together
                                                                                                                                               offering self-isolation space. Quick engaged persistently        in the crisis and for faculty successfully shifting to remote
                                                                                                                                               with Bath Institution, but no decision came.                     teaching in a week’s time” to Walters’ own “exemplary
                                                                                                                                                  Prison lawyers across the country had been watching,          leadership and work ethic.”                                 QLR
                                                                                                                                               offering ideas and resources, and soon human rights veteran
                                                                                                                                               Paul Champ partnered with the clinic. Champ, despite             Check out pg. 44 to see how three alumni stepped up
                                                                                                                                               working from home, filed a 400-plus-page record for an           to help some of the people most at risk amid the
                                                                                                                                               emergency April 17 hearing. The night before the hearing,        Coronavirus crisis.
                                                                                                                                               Bath agreed to release Derek Snow to self-isolate at home.
                                                                                                                                                  It was more than personal. A pandemic precedent had           Watch your inbox for the July 2020 issue of Queen’s
                                                                                                                                               been set, and lawyers and medically vulnerable prisoners         Law Reports Online for more up-to-date coverage of
                                                                                                                                               across the country have been relying on it ever since.           Queen’s Law community members responding to
                                                                                                                                                                                                                COVID’s challenges.

Students in the Clinical Family Law seminar participated in their last classes via Zoom with their teacher, Queen’s Law Clinics Executive
Director Karla McGrath, LLM’13 (top row, 2nd left).

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FACULTY NEWS

Law’s research footprint continues to grow                                                                                                                     Management Board Chair of the
                                                                                                                                                               Bonavero Institute of Human Rights.
                                                                                                                                                                                                                Associations, Secured Transactions,
                                                                                                                                                                                                                Mergers & Acquisitions, and a new
                                                                                                                                                                                                                                                              looking forward to her sabbatical in 2020-
                                                                                                                                                                                                                                                              21 to advance her research projects with

as professors mark new career highlights                                                                                                                       Lynne Hanson teaches Health Law,
                                                                                                                                                               Mental Health Law, Torts, and Advanced
                                                                                                                                                               Torts. Her current research interests focus
                                                                                                                                                                                                                seminar course called Shareholder
                                                                                                                                                                                                                Activism. He is also working on a
                                                                                                                                                                                                                quantitative study of settlement
                                                                                                                                                                                                                                                              Canadian and American collaborators.
                                                                                                                                                                                                                                                              Bruce Pardy has written and presented
                                                                                                                                                                                                                                                              on some frontline battles in the “civil war”
                                                                                                                                                                                                                agreements entered into between
                                                                                                                                                               on the accessibility of medical assistance                                                     ongoing inside Canadian law, including
                                                                                                                                                                                                                activist investors and issuers.
                                                                                                                                                               in dying (MAiD) for those with mental                                                          the Law Society of Ontario’s statement of
                                                                                                                                                               illness and on Ontario’s new legislation         Alyssa King’s presentation on general         principles, free speech at universities,
                                                                                                                                                               that limits access to the courts for strategic   principles in international arbitration and   social justice dogma in law schools, and
                                                                                                                                                               lawsuits against public participation.           comparative law at Sciences Po (Paris)        “indigenization” of the law.
                                                                                                                                                                                                                will be published in Ius Comparatum, and
                                                                                                                                                               Gail Henderson spent part of her                                                               Patricia Peppin delivered a paper on
                                                                                                                                                                                                                her Telus v Wellman case note appeared
                                                                                                                                                               sabbatical at Momentum in Calgary,                                                             conscientious objection to effective
                                                                                                                                                                                                                in the inaugural Canadian Journal of
                                                                                                                                                               examining how law can further a                                                                referral for health care at the Feminist
                                                                                                                                                                                                                Commercial Arbitration. She also
                                                                                                                                                               community’s economic development,                                                              Legal Studies at Queen’s 2020 conference
                                                                                                                                                                                                                addressed harmonization in civil
                                                                                                                                                               and four weeks in Iqaluit, teaching                                                            and presented three papers at conferences
                                                                                                                                                                                                                procedure regimes at McGill, Fordham
                                                                                                                                                               Business Organizations in the University                                                       in Rome and Washington last summer.
                                                                                                                                                                                                                and University of Texas law schools.
                                                                                                                                                               of Saskatchewan’s Nunavut Law Program.                                                         Her chapter on vaccines was published
                                                                                                                                                               That program graduates students with U of        Erik Knutsen, Associate Dean (Academic),      in Public Health Law and Policy in Canada
                                                                                                                                                               S law degrees, aiming to increase Nunavut’s      co-authored three publications: the           (4th ed.).

                                                                                                                                                  GREG BLACK
                                                                                                                                                               number of Inuit and local lawyers.               4th edition of his American casebook
                                                                                                                                                                                                                                                              Michael Pratt published a paper in
                                                                                                                                                                                                                Principles of Insurance Law; an article
                                                                                                                                                               Ardi Imseis was appointed by the United                                                        the Oxford Journal of Legal Studies on
                                                                                                                                                                                                                about automobile insurance in the
                                                                                                                                                               Nations High Commissioner for Human                                                            counterfactual reasoning in the law of
                                                                                                                                                                                                                Connecticut Insurance Law Journal; and
LAW CONVOCATION, SPRING 2019 – Faculty and guests who participated in laureating the Class of ’19: then-Dean Bill Flanagan, LLD                                Rights in December 2019 to the Group                                                           damages. He also began a book project.
                                                                                                                                                                                                                an update of his co-authored American
honoree Fiona Sampson (Law’93), Professors Jacob Weinrib and Lisa Kerr, then-QBLC Director Morgan Jarvis (Law’10), Professors Cherie Metcalf                   of Eminent International and Regional                                                          He is writing a treatise on the law
                                                                                                                                                                                                                treatise Stempel & Knutsen on Insurance
and Mohamed Khimji, Justice David Stratas (Law’84, LLD’12), Professor Nick Bala, Queen’s Law Clinics Executive Director Karla McGrath (LLM’13),                Experts on Yemen, a three-person                                                               governing remedies and other forms
                                                                                                                                                                                                                Coverage.
Professors Sabine Tsuruda, Grégoire Webber, Noah Weisbord, Sharry Aiken, Alyssa King, Erik Knutsen, Patti Peppin and Lynne Hanson.                             commission of inquiry mandated to                                                              of relief in real estate transactions.
                                                                                                                                                               investigate war crimes during the armed          Kathleen Lahey, Co-Director of FLSQ,
Sharry Aiken, Academic Director of the          research on gender and proportionality          Samuel Dahan, Executive Director of the                                                                                                                       Darryl Robinson gathered with scholars
                                                                                                                                                               conflict in Yemen.                               still works via UN alliances on ways
Faculty’s new online Graduate Diploma in        at the University of Sydney School of Law       Conflict Analytics Lab (CAL), received a                                                                                                                      from across North America in Philadelphia
                                                                                                                                                                                                                governments can end austerity politics
Immigration and Citizenship Law, has been       and Queen’s FLSQ Conference.                    $244,562 SSHRC grant for the project                           Joshua Karton, Associate Dean                                                                  to discuss his forthcoming book, Justice
                                                                                                                                                                                                                and increase core tax revenues to fund
busy developing the program. She also                                                           “AI-Tribunal for Small Claims: Building an                     (Graduate Studies and Research),                                                               in Extreme Cases. He also attended a
                                                Nick Bala continues to do research on                                                                                                                           poverty eradication, end economic
finalized the third edition of her co-edited                                                    Intelligent Dispute Resolution System.”                        published on such topics as comparative                                                        California workshop that fashioned new
                                                family law issues, including parental                                                                                                                           discrimination against vulnerable groups,
casebook on immigration law and was                                                             CAL has already unveiled two free and                          law methods in cross-border practice,                                                          responses to environmental crimes. His
                                                alienation, parenting plans and access                                                                                                                          address biosphere threats, and strengthen
guest editor for a forthcoming Citizenship                                                      simple-to-use web applications that will                       arbitrator diversity, fragmentation of                                                         major publications included the Oxford
                                                to family justice. He is also giving remote                                                                                                                     health systems to cope with mass
Studies issue on abolishing detention.                                                          provide Canadian workers with a greater                        international commercial law, and                                                              Handbook of International Criminal Law
                                                presentations to judges and lawyers                                                                                                                             challenges like pandemics. Her research
                                                                                                understanding of their employment rights.                      consumer protection; gave presentations                                                        (co-editor) and a new co-authored
Bita Amani, Co-Director of Feminist Legal       on such topics in the coming months.                                                                                                                            into Canada’s taxes and benefits appears
                                                                                                                                                               on four continents; and was appointed                                                          edition of Introduction to International
Studies Queen’s (FLSQ), co-organized            Although 68, he is looking forward to           Benjamin Ewing published the article                                                                            in Unfinished Business (CCPA 2020).
                                                                                                                                                               General Editor of Kluwer Arbitration                                                           Criminal Law.
the conference “Gender, Equalities,             teaching Contracts and Family Law again         “Prior Convictions as Moral Opportunities”                     Practical Insights, a new online service         Nicolas Lamp published a paper on the
Knowledges, Lands and Sustain/abilities:        next year, and over the summer will be          in the American Journal of Criminal Law                                                                                                                       Don Stuart, retired since 2018, still teaches
                                                                                                                                                               for international arbitration practitioners.     U.S.-China Trade War in the Journal of
Truths vs. ‘Climate Adaptations’ for all        working on new editions of casebooks            and a book chapter, “Mitigating Factors:                                                                                                                      one course a year, still keeps his office
                                                                                                                                                                                                                International Economic Law. His study of
Forms of Life.” Her current projects            in these two areas.                             A Typology,” in The Palgrave Handbook of                       Lisa Kelly is leading a SSHRC-funded                                                           door open, and continues as editor-
                                                                                                                                                                                                                globalization’s winners and losers has
involve trade secret appropriation and the                                                      Applied Ethics and the Criminal Law,                           research project entitled “Police Powers                                                       contributor for Criminal Reports and the
                                                Kevin Banks, Director of Queen’s Centre                                                                                                                         produced both a forthcoming paper in
constitutionality of “the immoral marks                                                         edited by Larry Alexander and Kimberly                         in Canada’s Schools.” She will present                                                         judges’ eletter Criminal Essentials. He
                                                for Law in the Contemporary Workplace                                                                                                                           European Journal of International Law and
prohibition” under the Trademarks Act.                                                          Kessler Ferzan.                                                early findings from this work at the                                                           published Learning Canadian Criminal
                                                and Editor-in-Chief of the Canadian                                                                                                                             a co-authored book (Harvard). His blog
                                                                                                                                                               Law and Society Association’s annual                                                           Procedures (13th ed., with Tom Quigley)
Martha Bailey published research on             Labour and Employment Law Journal, is            David Freedman presented research on                                                                           posts led to major media interest in his
                                                                                                                                                               meeting, which will be held virtually                                                          and is working on Canadian Criminal Law:
Beaver v Hill and cross-border family           writing papers on legal responsibility for       the law of estates and trusts at a number                                                                      views of U.S. trade policies.
                                                                                                                                                               in June.                                                                                       A Treatise (7th ed.).
law disputes and last winter taught             unpaid wages in supply chains, the right         of conferences over the past year,                                                                             Mary-Jo Maur, former co-chair, LSO
International Family Law at Otago               to strike a common law (with Sabine              including one for the judges of the                           Lisa Kerr published articles in U of T Law                                                     Jean Thomas continues as co-convener
                                                                                                                                                                                                                Family Law Summit, published papers on
University, N.Z. Her play about legal issues    Tsuruda), and implications of the                Newfoundland and Labrador Supreme                             Journal, Supreme Court Law Review and                                                          of Queen’s Colloquium in Legal and
                                                                                                                                                                                                                family law procedure. Besides teaching
relating to brain death, presented at           Guatemala - Labour Issues decision for           Court and Court of Appeal. He will be                         Criminal Reports; a book chapter in                                                            Political Philosophy and co-organizer of
                                                                                                                                                                                                                law students Torts, Family Law, and
Kingston’s 2019 Fringe Festival, will be        international trade agreements.                  returning to St. John’s to present on                         Sentencing Law and Policy; and op-eds in                                                       the Law and Philosophy Workshop. Her
                                                                                                                                                                                                                Alternative Dispute Resolution, she
remounted at the city’s Compassionate                                                            similar subjects for lawyers.                                 The Globe & Mail and Ottawa Citizen. She                                                       article on rights theory is forthcoming in
                                                Art Cockfield was appointed Associate                                                                                                                           continues to innovate with blended
Communities’ Advance Care Planning Day.                                                                                                                        also addressed National Judicial Institute                                                     Jurisprudence, and she presented on the
                                                Dean (Academic Policy) in March. He has          Leslie Green wrote “Escapable Law” for                                                                         learning for her undergraduates’
                                                                                                                                                               conferences on Charter litigation and                                                          social normativity of law at Oxford.
Beverley Baines published, with Dr.             published a co-authored book on Taxing           the Jerusalem Review of Legal Studies,                                                                         Introduction to Canadian Law course.
                                                                                                                                                               Federal Court practice and is researching
Jenna Sapiano, “Feminist Curiosity about        Global Digital Commerce (Wolters Kluwer),        contributed “Hume on Authority and                                                                                                                           Sabine Tsuruda, named 2019’s “New
                                                                                                                                                               the sentencing of racialized defendants          Cherie Metcalf presented her research at
International Constitutional Law and            plus related articles and book chapters.         Opinion” to Essays in Honour of David                                                                                                                        Voice in Legal Philosophy,” presented her
                                                                                                                                                               with support from a SSHRC grant.                 conferences and law schools in Canada
Global Constitutionalism” in the Journal        He also helped plan conferences with             Miller (Oxford 2019), and co-edited the                                                                                                                      paper “Working as Equal Moral Agents”
                                                                                                                                                                                                                and the U.S., published an empirical
of the Oxford Centre for Socio-Legal Studies    Stanford University, the University of           book series Oxford Legal Philosophy.                          Mohamed Khimji, the David Allgood                                                              at the Analytical Legal Philosophy
                                                                                                                                                                                                                article on property rights, has several
(2019) and presented her SSHRC-funded           Waterloo and Royal Military College.             He is a Trustee of Balliol College and                        Professor in Business Law, taught Business                                                     Conference. She also presented at      r
                                                                                                                                                                                                                additional articles in submission, and is
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