Dissertation Title
Comparative Common Law Extradition and the Executive-Judicial-Individual Relationship (working title)
Dissertation Topic
Extradition, the legal process through which individuals are surrendered from one jurisdiction to another for the prosecution of alleged criminal offences or the imposition of punishment, is a central response to transnational crime. Most scholarship that studies extradition or includes it within its scope focuses on its international or transnational dimensions. Yet extradition relies on domestic procedures that engage the coercive powers of the state, particularly those that overlap with its criminal law system, such as the power to arrest and detain, and potentially the power to search for and seize evidence. This dimension of extradition, and the implications for rights protection that it entails, necessitates examination beyond mere interstate cooperation to assess the impacts that it has on the individuals caught up within an extradition process. This project will foreground the individuals sought by the proceedings and their particular legal concerns. Specifically, this project undertakes a multidisciplinary comparative analysis to extradition law and practices in four common law jurisdictions (Canada, the UK, Ireland, India), centering on the rights of the sought individual.
Education
2021: Masters of Law - Osgoode Hall Law School
2017: Bachelor of Laws/Bachelor of Civil Law - McGill University Faculty of Law
2013, Bachelor of Arts (Hons) - McGill University Faculty of Arts
Teaching Experience
Teaching Assistant, SOSC 3652 Ethnographies of Crime and Policing - York University (F 2022)
Teaching Assistant, HREQ 1010 Human Rights and Equity Studies - York University (F/W 2022-2023)
Teaching Assistant, HREQ 2030 Theoretical Foundations of Human Rights and Equity Studies
Professional Experience
Junior Associate Lawyer - criminal defence (2019-2020)
Articling Student - criminal, extradition, immigration defence (2018-2019)
Research Assistant - McGill University Faculty of Law (2016-2021)
Awards
- 2022-2023 OGS Doctoral Scholarship, Government of Ontario
- 2022 Hon. Willard Z Estey Teaching Fellowship, Osgoode Hall Law School
- 2021 Harley D Hallet Graduate Scholarship, Osgoode Hall Law School
- 2021-ongoing, York Graduate Fellowship, York University
- 2020 Harley D Hallet Graduate Scholarship
- 2020 Nathanson Graduate Fellowship
- 2020-2021, York Graduate Fellowship, York University
Publications
- (PEER REVIEWED) Jess De Santi and Marie Manikis, “Punishment and Retribution Within the Bail Process: An Analysis of the Public Confidence in the Administration of Justice Ground for Pre-Trial Detention,” (2020) 35:3 Canadian Journal of Law and Society 413-435.
- (PEER REVIEWED) Jess De Santi and Marie Manikis, “Punishing while Presuming Innocence: A Study on Bail Conditions and Administration of Justice Offences” (September 2019) 60:3 Les Cahiers de Droit 873. • Recipient of the 2018 Fondation du Barreau du Québec prize (article manuscript) • Cited in R v Zora, 2020 SCC 14
- Jess De Santi, “’Dancing is for Everybody’: Street Dance and Cultural Rights in Montreal,” (September 2016) 4:4 International Human Rights Internship Working Paper Series 1-29.
- (PEER REVIEWED) Jessica De Santi, “Pluralisms in law: India’s place in the international refugee protection regime,” (2015) 46 Refugee Watch 73-93.
Presentation
- Extradition Law” forthcoming September 2023, for the Rights and Justice: Theory and Practice conference at the University of Worcester.
- Jay De Santi and Marie Manikis, “COVID-19, Bail, and the Jail” forthcoming May 2023, for the Fourth Biennial Conference on Criminal Law at the Université Sherbrooke.
- Jay De Santi, “‘No Basis to Interfere’: Constitutional Rights, the Minister of Justice, and Appellate Jurisprudence in Canadian Extradition” 17 May 2022, at the ATLAS Mini-Agora held at Osgoode Hall Law School.
- Jay De Santi, "'Nothing About Us Without Us': Queer and Trans Rights and Justice in Canada," 10 March 2022, course guest lecture in HREQ 2030 Theoretical Foundations of Human Rights and Equity Studies at York University.
- Jay De Santi, “‘No Basis to Interfere’: Constitutional Rights, the Minister of Justice, and Appellate Jurisprudence in Canadian Extradition” 9 March 2022, for the Constitutions, Rights and Justice Research Group at University of Worcester.
- Jess De Santi and Marie Manikis, “Retribution and Public Confidence in the Administration of Justice in the Context of Bail” 10 June 2019, for the Governors of the Fondation du Barreau du Québec at the Maison du Barreau.
- Jess De Santi and Marie Manikis, “Retribution and Public Confidence in the Administration of Justice in the Context of Bail” 8 May 2019, for the Third Biennial Conference on Criminal Law at the Université de Montréal.
- Jess De Santi and Marie Manikis, “Le rôle de la détention provisoire” 9 May 2017, for the 85e Congrès de l’Association canadienne-française pour l’avancement des sciences, at McGill University.
