Expertise: Public Law (Constitutional Law; Administrative Law)

Berger, Kate Glover

Professor Kate Glover Berger joined the faculty at Osgoode Hall Law School in 2020.  From 2015-2020, Professor Berger was an Assistant Professor at the Faculty of Law at Western University, where she was co-director of Western Law’s Public law research group and taught Administrative Law, Constitutional Law, and specialized seminars in Public Law.  Professor Berger earned her doctorate in law from McGill University as a Vanier Scholar and held the O’Brien Fellowship in Human Rights and Legal Pluralism.  She earned her masters in law from the University of Cambridge, where she was the Rt. Hon. Paul Martin Senior Scholar. In 2009-2010, she served as law clerk to the Honourable Justice Rosalie Abella of the Supreme Court of Canada.  Professor Berger has appeared as counsel before all levels of court, including the Supreme Court of Canada, and has served as an expert witness before the Senate, providing testimony to the Special Senate Committee on Senate Modernization. She is the academic chair of the Annual National Forum on Administrative Law and chair of the Advisory Board of the Canadian Association of Law Teachers.

Professor Berger’s scholarly and teaching expertise lies in administrative and constitutional law. She researches and publishes widely in these areas, with an emphasis on administrative law and its relationship to the constitution; the nature of the administrative state; the design of institutions and fair process; judicial review of administrative action; and constitutional principles, architecture, and amendment. Her research appears in leading Canadian and international journals and edited collections, and has been translated for inclusion in international publications.  She is the author of “The Principles and Practices of Procedural Fairness” in Administrative Law in Context, 3d ed (Toronto: Emond, 2018) and the chapter on Canada in Foundations and Traditions of Constitutional Amendment (Oxford: Hart, 2017). Professor Berger has been invited to present her scholarship across Canada and around the world, including at the Frontiers of Public Law Conference (University of Melbourne & University of Cambridge), the Colloque sur la modification constitutionelle dans tous ses états (Palace des Académies, Brussels), and the Comparative Public Law Workshop (American Society for Comparative Law & University of Ottawa). In 2017-18, Professor Berger held the inaugural Dean’s Research Fellowship at Western Law.  In 2017, her research was awarded the Prix d’Excellence de L’Association des Doyens des Études Supérieures au Québec.

A recipient of multiple teaching awards, including the Western Law Award for Teaching Excellence (2015-16) and the J. McLeod Professor of the Year Award (2016-17), Professor Berger teaches JD courses and seminars in administrative law, constitutional law, and advanced public law. She is also active in graduate legal education, and in addition to supervising graduate research at both the masters and doctoral level, she has taught graduate courses on research methods and legal inquiry.  Committed to ongoing legal education, Professor Berger also lectures on specialized topics of public law in professional development programs.

Research interests: Administrative Law, Constitutional Law, and Public Law

Berger, Benjamin L.

Professor Benjamin L. Berger is Professor and York Research Chair in Pluralism and Public Law at Osgoode Hall Law School. In 2020 he was elected as a Member of the College of the Royal Society of Canada. Professor Berger served as Associate Dean (Students) from 2015-2018. He holds an appointment as Professor (status only) in the Department for the Study of Religion at the University of Toronto and is a member of the faculty of the Graduate Program in Socio-Legal Studies at York University. Prior to joining Osgoode, he was an Associate Professor in the Faculty of Law, and was cross-appointed in the Department of Philosophy, at the University of Victoria, where he began teaching in 2004. He holds a JSD and LLM from Yale University, where he studied as a Fulbright Scholar and a SSHRC doctoral fellow. He earned his LLB and the Law Society Gold Medal from the University of Victoria, and was awarded the Gold Medal in Arts and the Governor General’s Academic Medal for his BA (Hons) studies at the University of Alberta. In 2002-2003, Professor Berger served as law clerk to the Rt. Honourable Beverley McLachlin, former Chief Justice of Canada.

His areas of research and teaching specialization are law and religion, criminal and constitutional law and theory, and the law of evidence.  He has published broadly in these fields and his work has appeared in leading legal and interdisciplinary journals and edited collections.  He is the author of Law’s Religion: Religious Difference and the Claims of Constitutionalism (University of Toronto Press, 2015), is a general editor of the Hart Publishing series Constitutional Systems of the World, and served as Editor in Chief of the Canadian Journal of Law and Society from 2014-2018. He is also co-editor of multiple edited collections, including Religion and the Exercise of Public Authority (Hart, 2016) and The Grand Experiment: Law and Legal Culture in British Settler Societies (UBC Press, 2008). He has been a principal investigator or collaborator on multiple research grants and has received awards for his scholarly work, including the 2010 Canadian Association of Law Teachers’ Scholarly Paper Award for an article entitled “The Abiding Presence of Conscience: Criminal Justice Against the Law and the Modern Constitutional Imagination” and, in 2015, the CALT-ACPD Prize for Academic Excellence.

Professor Berger is active in judicial, professional, and public education, is involved in public interest advocacy, and has appeared before the Supreme Court of Canada. While at UVic Law, Professor Berger twice received the Terry J. Wuester Teaching Award, and was awarded the First Year Class Teaching Award. He received the Osgoode Hall Law School Teaching Award in 2013.

Professor Berger convenes the Osgoode Colloquium in Law, Religion & Social Thought and is the Academic Program Director of the Osgoode Professional LLM in Criminal Law and Procedure.

Research Interests: Law and Religion; Criminal and Constitutional Law and Theory; the Law of Evidence; Legal History; Judgment and the Judiciary; Law and the Humanities.

Van Harten, Gus

Gus Van Harten joined the faculty in January 2008 and teaches Administrative Law, Constitutional Law, International Investment Law, and Governance of the International Financial System. Previously he was a faculty member in the Law Department of the London School of Economics. He has received the William Robson Memorial Prize from LSE, a Scholar in Residence fellowship from the Law Commission of Ontario, a doctoral fellowship from the Social Sciences and Humanities Research Council of Canada, an Overseas Research Award from Universities UK, and a Research Award from the Canadian International Development Agency.

Van Harten’s most recent book is The Trouble with Foreign Investor Protection (OUP, 2020). His previous books include Investment Treaty Arbitration and Public Law (OUP, 2007); Sovereign Choices and Sovereign Constraints (OUP, 2013); and Sold Down the Yangtze: Canada’s Lopsided Investment Deal with China (Lorimer, 2015). He also co-edits a leading Canadian text: Administrative Law — Cases and Materials (Emond Montgomery, 2010, 2015, and 2021). His academic articles have been published in the Canadian Yearbook of International Law, European Journal of International Law, International and Comparative Law Quarterly, International Journal of Evidence and Proof, Journal of International Dispute Settlement, Osgoode Hall Law Journal, Queen’s Law Journal, Review of International Political Economy, Supreme Court Law Review, University of Toronto Law Journal, Yearbook of International Investment Law and Policy, and other journals. Most of his academic articles are freely available here.

Van Harten participates in policy debates with a view to providing accessible information on issues of public importance, especially on trade agreements and investor-state dispute settlement (ISDS). He has made submissions to parliamentary committees in Canada, Denmark, the Netherlands, and Germany and has advised various governments and non-governmental organizations. He has also appeared in media in Canada, such as L’actualité, CBC, CTV, Canadian Press, The Globe and Mail, Radio Canada International, The Toronto Star, and TV Ontario; and in international media such as American Lawyer, ARD (Germany), Ariran Korea TV, Austrian Public TV, Bloomberg, CCTV News (China), Channel 2 (Netherlands), Der Spiegel, L’Echo, The Guardian, Japan Broadcasting Corporation, National Public Radio (USA), Reuters, and Telesur.

Before becoming an academic, Van Harten worked for two judicial inquiries in Canada – the Arar Inquiry of 2004-06 and the Walkerton Inquiry of 2000-02 – and as a law clerk at the Ontario Court of Appeal. He is also proud of his past work as a teaching assistant, lifeguard and swimming instructor, dishwasher, temporary labourer, and grocery clerk.

Research Interests: Administrative Law; International Investment Law and Arbitration; International Monetary Law and Policy; Inquiries and Investigations

Research website on International Investment Arbitration and Public Policy

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Tanguay-Renaud, François

Professor François Tanguay-Renaud has been a professor at Osgoode since 2008. He is currently the Program Director of the Osgoode Certificate in the Laws of Emergency, and of the Professional LLM in Canadian Common Law. From 2012 until 2021, he was Director of York’s Jack & Mae Nathanson Centre on Transnational Human Rights, Crime and Security  (a position he shared with Professor Heidi Matthews from 2018 to 2021). He is also one of the founders and first Director of York’s Juris Doctor/Master of Arts (JD/MA) combined program in law and philosophy, and a former Associate Dean Research, Graduate Studies, and Institutional Relations.

Professor Tanguay-Renaud holds degrees in both civil and common law from McGill University, where he was both a Loran Scholar and a Greville-Smith Scholar. He also studied at the National University of Singapore, and completed his graduate work (BCL, MPhil, DPhil) at the University of Oxford, where he was in turn a Rhodes Scholar, holder of the Studentship of the Centre for Ethics and Philosophy of Law, as well as doctoral fellow of the Fonds québécois de la recherche sur la société et la culture (FQRSC) and of the Social Sciences and Humanities Research Council of Canada (SSHRC).

Prior to joining Osgoode, Professor Tanguay-Renaud was a Lecturer in Law at Corpus Christi College, University of Oxford. He also served as a law clerk to Justice Marie Deschamps of the Supreme Court of Canada, and worked with the Asian Forum for Human Rights and Development and the Asian Network for Free Elections in Thailand, as well as with the Human Rights Commission of Pakistan. Since starting at Osgoode, he has held Visiting Professor appointments at the University of Minnesota Law School (Robina Institute for Criminal Law and Criminal Justice), the University of Oxford (H.L.A. Hart Fellow), the National University of Singapore, the University of Toronto Centre for Ethics and Faculty of Law, Massey College, and the National Law School of India University (NLSIU). He currently also holds an appointment as Adjunct Associate Professor in the Department of Philosophy of McMaster University.

His current academic interests span a wide range of subject areas — but notably, criminal law, criminal procedure, constitutional and public law, emergency law, AI and the law, and public international law — viewed mostly through the lens of analytical legal theory. He is editor of Rethinking Criminal Law Theory: New Canadian Perspectives in the Philosophy of Domestic, Transnational, and International Criminal Law (with James Stribopoulos, Hart Publishing, 2012), From Morality to Law and Back Again: Liber Amicorum for John Gardner (with Michelle Madden Dempsey, Oxford University Press, 2023), and has published articles in leading journals such as Ethics, Legal Theory, Res Publica, Law and Philosophy, Criminal Law and Philosophy, the UBC Law Review, the Asian Yearbook of International Law, as well as in many leading edited collections.  He currently holds an Insight Grant from the Social Sciences and Humanities Research Council for a research project on “Reconceiving Procedural Fairness” in light of the advent of Artificial Intelligence (with Vincent Chiao).

Professor Tanguay-Renaud regularly teaches courses on criminal law, criminal procedure, emergency law, the philosophical foundations of criminal law, jurisprudence, and the rule of law. He was the recipient of the Osgoode Hall Law School Teaching Award in 2017, and of the Osgoode Hall Law School Faculty Service Award in 2020.

Research Interests: Theory of criminal law, criminal procedure, constitutional and public law, international law, and associated areas of political and moral philosophy; the regulation of state surveillance; artificial intelligence and the law (with a focus on criminal law); emergencies and the law; jurisprudence; the rule of law; collective, corporate, and state responsibility; war ethics; Canadian, American and South Asian constitutional law and politics.

Slinn, Sara

Sara Slinn joined the Osgoode faculty in 2007, after five years at Queen’s Faculty of Law. Professor Slinn’s research interests are in the areas of labour and employment law, focusing on different approaches and impediments to collective employee representation, and the intersection of Charter rights and labour law. Reflecting her interdisciplinary graduate work, including a PhD in Industrial Relations from the University of Toronto, Professor Slinn’s research is interdisciplinary and uses empirical methods of analysis. She has also practised labour and employment law with both the British Columbia Labour Relations Board and a private law firm in Vancouver.Research Interests: Labour Law, Employment Law, Industrial Relations, Constitutional Law, Contracts

Scott, Dayna N.

Professor Dayna Nadine Scott was appointed as York Research Chair in Environmental Law & Justice in the Green Economy in 2018. She is cross-appointed with York’s Faculty of Environmental Studies & Urban Change. Professor Scott is a Co-Director of Osgoode’s Environmental Justice and Sustainability Clinic and a Co-Coordinator of the joint MES/JD program.

Professor Scott joined Osgoode’s faculty in 2006 after completing a SSHRC Post-Doctoral Fellowship at McGill’s Faculty of Law and a Hauser Global Research Fellowship at NYU. Professor Scott’s research interests focus on contestation over extraction; exercises of Indigenous jurisdiction over lands and resources; the distribution of pollution burdens affecting marginalized communities and vulnerable populations; gender and environmental health; and the justice dimensions of the transition to a greener economy.

Professor Scott is currently the co-Principal Investigator, with Professor Heidi Kiiwetinepinesiik Stark of the University of Victoria’s Center for Indigenous Research and Community-led Engagement (CIRCLE), of a project funded by the SSHRC New Frontiers in Research Fund called “Jurisdiction Back: Infrastructure Beyond Extractivism”. In a partnership between the Yellowhead Institute, the University of Toronto’s Department of Geography and Planning and York University, this project includes 14 academics and land defenders from across the country pursuing research oriented towards how the “just transition” to sustainable economies can be imagined and infrastructured to restore Indigenous jurisdiction, laws and governance systems.

Professor Scott has been the Primary Investigator on several SSHRC-funded projects, including “Consent & Contract: Authorizing Extraction in Ontario’s Ring of Fire” with colleagues Andrée Boisselle, Deborah McGregor and Estair Van Wagner, and the Partnership Development Grant, “Reconciling Sovereignties: New Techniques for ‘Authorizing’ Extraction on Indigenous Territories” led by Professor Shiri Pasternak, in partnership with the Indigenous Network on Economies and Trade (INET) and MiningWatch Canada.  She also completed research in partnership with environmental justice activists from the Aamjiwnaang First Nation, near Sarnia`s Chemical Valley, that applied a critical, feminist perspective to the examination of law’s treatment of the risks of long-term, low-dose exposures to pollutants, and another SSHRC-funded project (“Investigating Regulatory Chill”) that examined constraints on regulation to protect the environment, with a focus on investor rights in the resource extraction context.

Professor Scott and collaborators recently completed a major report for the Impact Assessment Agency of Canada entitled, “Implementing a Regional, Indigenous-Led, and Sustainability-Informed Impact Assessment in Ontario’s Ring of Fire.” This project was undertaken in partnership with Chief and Council of Neskantaga First Nation, a remote Anishinaabe community in Ontario’s far north..

Recent publications explore impact-benefit agreements in “Extraction Contracting: The Struggle for Control of Indigenous Lands” (2020) in a special issue of South Atlantic Quarterly, co-edited with Shiri Pasternak; “Extractivism” in Mariana Valverde, Kamari Clarke, Eve Darian-Smith and Prabha Kotiswaran, eds, The Routledge Handbook of Law and Society (Abingdon: Routledge, 2021); the resurgence of Indigenous law in Treaty 9, with Andrée Boisselle (2019 UNB Law Review); the dynamics of “sacrifice zones” in the context of the emerging green energy economy (McGill Law Journal 2017, with Adrian A. Smith); anti-toxics politics (“Wanna-be Toxic Free? From Precautionary Consumption to Corporeal Citizenship” in Environmental Politics 2016); and the tactics of activists resisting tar sands extraction in Peace River Alberta (“‘We are the Monitors Now’: Experiential Knowledge, Transcorporeality and Environmental Justice” (2015) in Social & Legal Studies).

Professor Scott is the co-editor with Professor Deborah Curran, of a new journal of Canadian Environmental Law scholarship, the editor of Our Chemical Selves: Gender, Toxics and Environmental Health (UBC Press, 2015) and the past Director of the National Network on Environments and Women`s Health. Among other awards, Professor Scott has been a recipient of a York-Massey Fellowship, a Fulbright Fellowship, and the Law Commission of Canada’s “Audacity of Imagination” Prize.

Ryder, Bruce B.

Professor Ryder joined Osgoode Hall Law School’s faculty in 1987.  His research and publications focus on a range of contemporary constitutional issues, including those related to federalism, equality rights, freedom of expression, Aboriginal rights, and Quebec secession. He has also published articles that explore the historical evolution of constitutional principles and is currently researching the history of book censorship in Canada.

Research Interests: Public Law

Rehaag, Sean

Professor Sean Rehaag is the Director of the Centre for Refugee Studies and the Director of the Refugee Law Laboratory. He specializes in immigration and refugee law, administrative law, legal process, access to justice, and new legal technologies. He frequently contributes to public debates about immigration and refugee law, and he engages in law reform efforts in these areas. He is also committed to exploring innovative teaching methodologies, with a particular interest in clinical and experiential education. From 2015 to 2018, he served as the Academic Director at Parkdale Community Legal Services.

Professor Rehaag’s interdisciplinary academic research focuses on empirical studies of immigration and refugee law decision-making processes. He currently holds an SSHRC grant involving new legal technologies, artificial intelligence and quantitative research on Canadian refugee adjudication. He is also pursuing research using experiments to better understand how refugee adjudicators make credibility assessments. In 2013, he received the Canadian Association of Law Teachers Scholarly Paper Award for an article entitled “Judicial Review of Refugee Determinations: The Luck of the Draw?”. He publishes yearly statistics on Canada’s refugee determination system. Many of his publications are available open-access on SSRN.

Prior to joining the Osgoode faculty in 2008, Professor Rehaag was a visiting scholar at the Université de Montreal’s Chaire de recherche du Canada en droit international des migrations. He has also been a visiting scholar with the Center for Gender and Refugee Studies at UC Hastings, a visiting researcher at the International Gay and Lesbian Human Rights Commission, and an instructor at the University of Victoria and the Université de Sherbrooke. He holds a doctorate from the University of Toronto, bachelor’s degrees in civil law and common law from McGill University, and a bachelor’s degree in political science from the University of British Columbia.

Research Interests: Immigration and Refugee Law, Empirical Legal Studies, Judicial/Administrative Decision-Making, New Legal Technologies, Legal Process, Access to Justice, Gender and Sexuality

Pilkington, Marilyn L.

Marilyn Pilkington is Associate Professor and former Dean (1993-98) of Osgoode Hall Law School (York University). She joined the faculty in 1980 and retired in 2013. She is co-author (with Frank Iacobucci and Robert Prichard) of Canadian Business Corporations Law (Canada Law Book 1977), co-author of Evidence: A Canadian Casebook (2nd edn. 2006), and author of articles and reports on constitutional law, constitutional litigation, evidence, legal education and enforcement of securities laws. Prior to joining the Osgoode faculty, she served as law clerk to The Hon. Mr. Justice Judson, Supreme Court of Canada, and practised civil litigation with Tory Tory DesLauriers & Binnington (now Torys LLP).  She teaches mainly in the fields of constitutional law, constitutional litigation and evidence. She has also taught trial advocacy, civil procedure, legal profession and a seminar on the North American Free Trade Agreement.

Professor Pilkington has broad experience as a member of university policy bodies, professional regulatory bodies, public policy research institutes, search committees and boards of not-for-profit organizations.  She has served as an elected Bencher of the Law Society of Upper Canada (1999 to 2003), Chair of its Specialist Certification Board, Chair of its Discipline Appeal Panel, and a member of various policy committees and task forces.   She was appointed by the provincial government to the Ontario Council on University Affairs (advising the Minister of Colleges and Universities) and to the Commission on the Future Role of Universities in Ontario. She served for 16 years as a Director and Trustee of the Institute for Research on Public Policy, and she was a  member of the founding taskforce of the Ontario Justice Education Network.  She is a past Director of the Toronto City Mission, a former Governor of the Shaw Festival and a recently retired Trustee of the Royal Ontario Museum. In each of these capacities, she served as chair of the governance committee. She currently serves as a member of the three-person Independent Review Committee of Vanguard Investments Canada.

Ms. Pilkington is experienced as a litigator, adjudicator, and consultant. She has served as an international consultant on the reform of legal education, as an external reviewer of Canadian law school programs, as a consultant to the Senate Foreign Affairs Committee (on constitutional and dispute resolution issues pertaining to the Canada-US Free Trade Agreement), and as a consultant to the Law Society of Upper Canada, governments and law firms. She has contributed to law reform projects on Crown Liability and Commissions of Inquiry. She has adjudicated in the fields of human rights (federally and provincially), professional discipline and university discipline, and is appointed to the roster of candidates to serve on panels established under chapter 19 of the North American Free Trade Agreement.  She is also called upon from time to time to serve as independent chair of corporate and public meetings and to mediate or arbitrate disputes.   She has served as counsel to The Hon. Peter de C. Cory on his review of the Medical Audit System in Ontario and as his co-author on a study of Critical Issues in the Enforcement of Securities Law in Canada for the Task Force on the Modernization of Securities Law in Canada.

Under Marilyn Pilkington’s leadership as Dean, Osgoode Hall Law School restructured in response to significant government funding cuts. Enrolment in the LLB program was reduced to facilitate improvements to the program, and significant new initiatives and enrolments were developed at the graduate level, including the Osgoode Professional Development program for practising lawyers.  The OPD is a unique program responding to the need for advanced and specialist education beyond the JD and, in addition to a range of continuing legal education programs, offers part-time LLM programs in more than fifteen specialist fields.   During her deanship, substantial external funding was attracted to the Law School to support program development, facilities renewal, bursaries and new research initiatives.  Despite the deep financial cuts, no deficits were incurred and the academic budget was significantly expanded. This strategic development of the law school emerged from the prior work of the Special Committee on Academic Planning, which Professor Pilkington had chaired.

McNeil, Kent

Kent McNeil is an Emeritus Distinguished Research Professor at Osgoode Hall Law School, where he taught from 1987 to 2016.  His research focuses on the rights of Indigenous peoples in Australia, Canada, New Zealand, and the United States.  In 2007, he received a Killam Fellowship to pursue this research. In 2019, he was the Law Foundation of Saskatchewan H. Robert Arscott Chair at the University of Saskatchewan College of Law, his alma mater.

In addition to his academic work, Professor McNeil has acted as a consultant for numerous Indigenous organizations and has been an expert witness in court cases in Canada and Belize. He is currently working on sovereignty issues in relation to the European colonization of North America and the development of international law in this context.  He will be pursuing this research as a Fulbright Canada Distinguished Chair in International Area Studies at Yale University in 2021-22.