Kent Roach
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Canadian legal scholar
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Why Is Kent Roach Influential?
(Suggest an Edit or Addition)According to Wikipedia, Kent Roach is a professor of law at the University of Toronto Faculty of Law. He is well known for his expertise and writings on criminal law, the Canadian Charter of Rights and Freedoms, and more recently anti-terrorism law. He is a graduate of the university and served as a law clerk to Justice Bertha Wilson of the Supreme Court of Canada. Roach is a recipient of the Pierre Elliott Trudeau Foundation Fellowship . He was appointed a Member of the Order of Canada in 2015.
Kent Roach's Published Works
Published Works
- The 9/11 Effect: Comparative Counter-Terrorism (2011) (129)
- Changing punishment at the turn of the century: Restorative justice on the rise (2000) (113)
- The Supreme Court on Trial: Judicial Activism or Democratic Dialogue (2001) (89)
- Due Process and Victims' Rights: The New Law and Politics of Criminal Justice (1999) (74)
- The security of freedom : essays on Canada's Anti-terrorism Bill (2001) (74)
- Global Anti-Terrorism Law and Policy: Anti-Terrorism Measures in Africa, the Middle East and Argentina (2005) (68)
- The Charter of Rights and Freedoms (1998) (68)
- Four Models of the Criminal Process (1999) (61)
- Mandatory relief and supervisory jurisdiction : when is it appropriate, just and equitable? (2005) (57)
- The Relevance of Fetal Alcohol Spectrum Disorder and the Criminal Law from Investigation to Sentencing (2010) (47)
- Access to Care, Access to Justice: The Legal Debate Over Private Health Insurance in Canada (2005) (46)
- September 11: Consequences for Canada (2003) (44)
- Wrongful Convictions: Adversarial and Inquisitorial Themes (2010) (43)
- Dialogic Judicial Review and its Critics (2008) (42)
- Constitutional and Common Law Dialogues between the Supreme Court and Canadian Legislatures (2001) (33)
- Gladue: The judicial and political reception of a promising decision (2000) (32)
- Putting the Past Behind Us? Prospective Judicial and Legislative Constitutional Remedies (2008) (30)
- The Eroding Distinction between Intelligence and Evidence in Terrorism Investigations (2010) (29)
- Constitutional, Remedial and International Dialogues About Rights: The Canadian Experience (2004) (28)
- Comparative counter-terrorism law (2015) (28)
- Remedial Consensus and Dialogue Under the Charter: General Declarations and Delayed Declarations of Invalidity (2002) (26)
- 'The Supreme Court at the Bar of Politics': The Afghan Detainee and Omar Khadr Cases (2010) (25)
- Dialogic remedies (2019) (24)
- Must We Trade Rights for Security? The Choice Between Smart, Harsh or Proportionate Security Strategies in Canada and Britain (2006) (23)
- The Changed Face of Corporate Criminal Liability (2008) (23)
- Did September 11 Change Everything? Struggling to Preserve Canadian Values in the Face of Terrorism (2002) (22)
- Brian Dickson: A Judge's Journey (2003) (21)
- Dialogue or Defiance: Legislative Reversals of Supreme Court Decisions in Canada and the United States (2006) (21)
- Miscarriages of Justice in the War Against Terrorism (2005) (21)
- Constitutionalized Interpretation, Reading Down/In and the Wisdom of “Schachter” (2016) (21)
- Regulating Traffic Safety (1990) (21)
- Canada's Response to Terrorism (2008) (21)
- Wrongful Convictions in Canada (2011) (19)
- Canada's Response to Terrorism (2008) (18)
- Sharpening the Dialogue Debate: The Next Decade of Scholarship (2008) (18)
- Private Enforcement of Competition Laws (1996) (17)
- Social Rights Jurisprudence: The Challenges of Crafting Remedies for Violations of Socio-Economic Rights (2009) (17)
- Preface (False Security: The Radicalization of Canadian Anti-Terrorism) (2015) (16)
- Remedies for Human Rights Violations (2021) (16)
- The New Terrorism Offences and the Criminal Law (2001) (16)
- The Criminal Law and Terrorism (2008) (16)
- The Dangers of a Charter-Proof and Crime-Based Response to Terrorism (2001) (16)
- Cutting Down Trees: Law-Making Under the Shadow of Great Calamities (2001) (16)
- A Comparison of Australian and Canadian Anti-terrorism Laws (2007) (16)
- Broken Promises: A Response to Stenning and Roberts' "Empty Promises" (2002) (15)
- Constitutional Remedies as "Constitutional Hints": A Comment on R. V. Schachter (1991) (15)
- Principled Remedial Discretion Under the Charter (2008) (15)
- Forensic Investigations and Miscarriages of Justice: The Rhetoric Meets the Reality (2010) (14)
- Judicial Activism or Restraint in a Section 33 World The Supreme Court on Trial: Judicial Activism or Democratic Dialogue (2003) (13)
- The Post-9/11 Migration of Britain's Terrorism Act 2000 (2008) (13)
- Canada among Nations 2003: Coping with the American Colossus (2003) (13)
- Sources and Trends in Post 9/11 Anti-Terrorism Laws (2006) (13)
- The Uses and Audiences of Preambles in Legislation (2008) (13)
- The institutionalization of restorative justice in Canada: effective reform or limited and limiting add-on? (2013) (13)
- Limping into the Future: The U.N. 1267 Terrorism Listing Process at the Crossroads (2011) (12)
- Constitutional remedies in Canada (2013) (12)
- Racial and Ethnic Profiling: Statutory Discretion, Constitutional Remedies and Democratic Accountability (2003) (12)
- One Step Forward, Two Steps Back: Gladue at Ten and in the Courts of Appeal (2009) (11)
- Understanding and responding to right wing terrorism (2019) (11)
- Not Just the Government's Lawyer: The Attorney General as Defender of the Rule of Law (2008) (11)
- Forensic Science and Miscarriages of Justice: Some Lessons from Comparative Experience (2009) (10)
- Finding Health Policy ‘Arbitrary’: The Evidence on Waiting, Dying, and Two-Tier Systems (2005) (10)
- The Primacy of Liberty and Proportionality, Not Human Dignity, When Subjecting Criminal Law to Constitutional Control (2011) (9)
- Canadian Public Inquiries and Accountability (1995) (9)
- Anti-Terrorism and Militant Democracy: Some Western and Eastern Responses (2004) (9)
- Preserving Privilege, Promoting Profit: The Payoffs from Private Health Insurance (2005) (9)
- 8. Wealthcare: The Politics of the Charter Revisited (2005) (9)
- Principles of Criminal Law, 3rd ed, by Jonathan Burchell : book review (2006) (8)
- National Security, Multiculturalism and Muslim Minorities (2006) (8)
- The Unique Challenges of Terrorism Prosecutions: Towards a Workable Relation between Intelligence and Evidence (2010) (8)
- Entrapment and Equality in Terrorism Prosecutions: A Comparative Examination of North American and European Approaches (2010) (8)
- The disappointing remedy? Damages as a remedy for violations of human rights (2019) (8)
- Unreliable Evidence and Wrongful Convictions: The Case for Excluding Tainted Identification Evidence and Jailhouse and Coerced Confessions (2008) (8)
- Comparative Counter-Terrorism Law: COMPARATIVE COUNTER-TERRORISM LAW COMES OF AGE (2015) (7)
- Making Progress on Understanding and Remedying Racial Profiling (1969) (7)
- ‘Condition Critical’: The Constitution and Health Care (2005) (7)
- A comparison of South African and Canadian anti-terrorism legislation (2005) (6)
- Intelligence Requirements and Anti-Terrorism Legislation (2001) (6)
- Opening Medicare to Our Neighbours or Closing the Door on a Public System? International Trade Law Implications of Chaoulli v. Quebec (2005) (6)
- Déjà Vu All Over Again: Chaoulli and the Limits of Judicial Policymaking (2005) (6)
- Access to justice and beyond (2010) (6)
- Chaoulli: The Political versus the Legal Life of a Judicial Decision (2005) (6)
- Counter-Terrorism In and Outside Canada and In and Outside the Anti-Terrorism Act (2012) (6)
- REGULATING TRAFFIC SAFETY : A SURVEY OF CONTROL STRATEGIES (1987) (6)
- Uneasy Neighbors: Comparative American and Canadian Counter-Terrorism (2012) (6)
- Disenfranchisement as Punishment: European Court of Human Rights, UK and Canadian Responses to Prisoner Voting (2017) (6)
- Judicial Review of the State's Anti-Terrorism Activities: The Post-9/11 Experience and Normative Justifications for Judicial Review (2009) (5)
- The Role of Innocence Commissions: Error Discovery, Systematic Reform or Both? (2010) (5)
- Emergencies and the Limits of Legality: The ordinary law of emergencies and democratic derogation from rights (2008) (5)
- Challenges for Cause and Racial Discrimination (1995) (5)
- The Wrongful Conviction of Indigenous People in Australia and Canada (2015) (5)
- The Courts and Medicare: Too Much or Too Little Judicial Activism? (2005) (5)
- Canada's New Anti-terrorism Law (2003) (5)
- Defining Terrorism: The Need for a Restrained Definition (2008) (5)
- Searching for Smith: The Constitutionality of Mandatory Sentences (2001) (5)
- Substitute Justice? Challenges to American Counter-Terrorism Activities in Non-American Courts (2012) (5)
- Yesterday’s Law: Terrorist Group Listing in Canada (2018) (5)
- European and United States Counter-Terrorism Policies, the Rule of Law and Human Rights (2011) (4)
- Terrorism Offences and the Charter: A Comment on R. v. Khawaja (2007) (4)
- An Independent Commission to Review Claims of Wrongful Convictions : Lessons from North Carolina ? (2013) (4)
- The Role of Crime Victims Under the Youth Criminal Justice Act (1969) (4)
- Introduction (False Security: The Radicalization of Canadian Anti-Terrorism) (2015) (4)
- The Evolving Test for Stays of Proceedings (2008) (4)
- Secret Evidence and its Alternatives (2011) (4)
- Charkaoui and Bill C-3: Some Implications for Anti-Terrorism Policy and Dialogue between Courts and Legislatures (2008) (4)
- Different Interpretations of ‘Evidence’ and Implications for the Canadian Healthcare System (2005) (4)
- Implications of Chaoulli for Fact- Finding in Constitutional Cases (2005) (4)
- The Role of the Independent Lawyer and Security Certificates (2008) (4)
- Global Anti-Terrorism Law and Policy: The criminal law and its less restrained alternatives (2012) (4)
- 15. Legislating in Fearful and Politicized Times: The Limits of Bill C-51’s Disruption Powers in Making Us Safer (2015) (4)
- The 9/11 Effect: The United Kingdom Responds: A Legislative War on Terrorism (2011) (4)
- Criminal law and procedure : cases and materials (1994) (4)
- Balancing Police Independence and Political Responsibility for the Police: Some Recent Developments in Australia, Canada, and the UK (2018) (3)
- A Charter Reality Check: How Relevant is the Charter to the Justness of Our Criminal Justice System? (2008) (3)
- Prosecutorial Independence and Accountability in Terrorism Prosecutions (2010) (3)
- Review and Oversight of National Security Activities With Some Reflections on Canada's Arar Inquiry (2008) (3)
- Bill C-51 Backgrounder #1: The New Advocating or Promoting Terrorism Offence (2015) (3)
- Corporate Criminal Liability: Myriad Complexity in the Scope of Senior Officer (2013) (3)
- The Continued Exceptionalism of the American Response to Daesh (2018) (3)
- Justice Bertha Wilson: A Classically Liberal Judge (2008) (3)
- Criminalizing Terrorist Babble: Canada's Dubious New Terrorist Speech Crime (2015) (3)
- Be Careful What You Wish for?: Terrorism Prosecutions in Post-9/11 Canada (2014) (3)
- Critical Developments in Corporate Criminal Liability: Senior Officers, Wilful Blindness, and Agents in Foreign Jurisdictions (2013) (3)
- The Chaoulli Judgment: Less Than Meets the Eye – or More (2005) (3)
- The Problematic Revival of Murder Under Section 229(c) of the Criminal Code (2010) (3)
- Chapter VI. Permanent Accountability Gaps and Partial Remedies (2015) (3)
- Mind the gap: Canada's different criminal and constitutional standards of fault (2011) (3)
- Report on Belgium (2015) (3)
- Righting Security: A Contextual and Critical Analysis and Response to Canada's 2016 National Security Green Paper (2016) (3)
- The 9/11 effect in comparative perspective: some thoughts on terrorism law in Canada, Spain and the United States (2014) (3)
- Ten Ways to Improve Canadian Anti-Terrorism Law (2008) (3)
- Review and Oversight of Intelligence in Canada (2016) (2)
- The Myths of Judicial Activism (2008) (2)
- The Supreme Court's Remedial Decision in the Insite Case (2011) (2)
- Chaoulli and Quebec’s Charter of Human Rights and Freedoms: The Ambiguities of Distinctness (2005) (2)
- Victims' Rights and the Charter (2005) (2)
- Echoes that Build to a Cacophony: Hong Kong's New Security Law Compared to Illiberal Elements of the Security Laws of Liberal Democracies (2021) (2)
- Inertia, Uncertainty, and Canadian Homicide Law: An Introduction to the Special Issue (2010) (2)
- Smith and the Supreme Court: Implications for Sentencing Policy and Reform (2008) (2)
- Global Anti-Terrorism Law and Policy: Introduction (2005) (2)
- Politics and Paradoxes: Chaoulli and the Alberta Reaction (2005) (2)
- The Consequences of Compelled Self-Incrimination in Terrorism Investigations: A Comparison of American Grand Juries and Canadian Investigative Hearings (2008) (2)
- Bill C-51 Backgrounder # 3: Sharing Information and Lost Lessons from the Maher Arar Experience (2015) (2)
- Better Late than Never: The Canadian Parliamentary Review of the Anti-Terrorism Act (2008) (2)
- Rights in the Criminal Process: A Case Study of Convergence and Disclosure Rights (2011) (2)
- Canadian Justice, Indigenous Injustice: The Gerald Stanley and Colten Boushie Case (2019) (2)
- Exceptional Procedures to Correct Miscarriages of Justice in Common Law Systems (2019) (2)
- Conditional Sentences and the Perspectives of Crime Victims: A Socio-Legal Analysis (2008) (2)
- 2. Exonerating the Wrongfully Convicted: Do We Need Innocence Hearings? (2008) (2)
- 1. The Overview: Four Models of Police-Government Relations (2007) (2)
- Brief to the House of Commons' Standing Committee on Access to Information, Privacy and Ethics: Analysis and Proposals on the Security of Canada Information Sharing Act (2016) (2)
- The Urgent Need to Reform Jury Selection after the Gerald Stanley and Colton Boushie Case (2018) (2)
- Section 24(1) of the Charter: Strategy and Structure (2008) (2)
- CRIMINOLOGY FOUR MODELS OF THE CRIMINAL PROCESS (2013) (2)
- The Philippines: the weakest link in the fight against terrorism? (2005) (2)
- Canadian Experiences in Preventing and Combating Terrorism (2008) (2)
- Bill C-51 Backgrounder #2: The Canadian Security Intelligence Service's Proposed Power to 'Reduce' Security Threats Through Conduct that May Violate the Law and Charter (2015) (2)
- Terrorist Babble & the Limits of Law: Assessing a Prospective Canadian Terrorism Glorification Offence (2015) (2)
- Reforming Statutes of Limitations (2008) (1)
- Regulating the Prosecutorial Role in Wrongful Convictions (2018) (1)
- Managing secrecy and its migration in a post-9/11 world (2013) (1)
- Promises, Promises – Setting Boundaries Between Public and Private (2005) (1)
- When Secret Intelligence Becomes Evidence: Some Implications of Khadr and Charkaoui II (2009) (1)
- Chief Justice Lamer and Some Myths About Judicial Activism (2000) (1)
- The 9/11 Effect: Comparative Anti-Terrorism Law (Cambridge University Press, 201l)† (2013) (1)
- Comparative Reflections on Miscarriages of Justice in Australia and Canada (2015) (1)
- The migration and derivation of counter-terrorism (2015) (1)
- The 9/11 Effect: Australia Responds: Hyper-Legislation (2011) (1)
- Counterterrorism and the challenges of terrorism from the far right (2020) (1)
- Police Independence and the Military Police (2011) (1)
- The Right to a Fair Trial in Canada (1997) (1)
- Reforming and Resisting the Criminal Law: Criminal Justice and the Tragically Hip (2017) (1)
- Comparative Counter-Terrorism Law: THEMATIC CONCLUSIONS AND FUTURE CHALLENGES (2015) (1)
- Juries, Miscarriages of Justice and the Bill C-75 Reforms (2020) (1)
- Is There a Tyranny of the Charter in Criminal Justice and Security Policy? (2007) (1)
- Borderline Justice: Choosing Juries in the Two Niagaras (1997) (1)
- Arbitrariness, Randomness and the Principles of Fundamental Justice (2005) (1)
- Did September 11 Really Change Everything: Preserving Canadian Values in the Face of Terrorism (2008) (1)
- The Effects of the Canadian Charter of Rights on Criminal Justice (1999) (1)
- How to Defend a Public Health Care System: Lessons from Abroad (2005) (1)
- A Promising Late Spring for Charter Damages: Ward v Vancouver (2011) (1)
- Guantánamo and Beyond: The Law Working Itself Pure? The Canadian Experience with Exceptional Courts and Guantánamo (2013) (1)
- Preventing What? Post-9/11 Mission Amnesia and Mission Creep (2014) (1)
- 1. Models of the Criminal Process (1999) (1)
- Global Anti-Terrorism Law and Policy: Postscript: Some recent developments (2005) (1)
- Canada's Experience with Constitutionalism and Criminal Justice (2013) (1)
- Proposed Amendments to Bill C-51, Antiterrorism Act 2015 (2015) (1)
- Crime and Punishment in the Latimer Case (2001) (1)
- Dialogue in Canada and the Dangers of Simplified Comparative Law and Populism (2019) (1)
- Remedies for Discriminatory Profiling (2009) (1)
- Judicial Activism in the Supreme Court of Canada (2007) (1)
- Twenty Years of the Charter and Criminal Justice: A Dialogue between a Charter Optimist, a Charter Realist and a Charter Sceptic (2008) (0)
- Bill C-51 Backgrounder #5: Oversight and Review: Turning Accountability Gaps into Canyons? (2015) (0)
- 2 Civil Liability, Insurance, and Deterrence (1990) (0)
- The 9/11 Effect: The United Nations Responds: Security Council Listing and Legislation (2011) (0)
- Trial by Theory: A Response to Acharya's 'Law's Treatment of Science: From Idealization to Understanding' (2013) (0)
- Canadian Constitutional Law, Fourth Edition (2010) (0)
- 8. Aboriginal People (1999) (0)
- The Charter versus the Government's Crime Agenda (2012) (0)
- Intelligence to Evidence in Civil and Criminal Proceedings: Response to August Consultation Paper (2017) (0)
- The Problems of Public Choice: The Case of Short Limitation Periods (2008) (0)
- You Say You Want a Revolution?: Understanding Guilty Plea Wrongful Convictions (2021) (0)
- Appendix B: Public Order Regulations, 1970 SOR/70-444 (2001) (0)
- 6. Economic Variables (1990) (0)
- Czech Republic (2021) (0)
- The 9/11 Effect: The United States Responds: Executive Power and Extra-Legalism (2011) (0)
- The Gap Between Canada ’ s Common Law and Constitutional Standards of Fault (2009) (0)
- The 9/11 Effect: Introduction (2011) (0)
- 117 Police Independence and the Military Police (2017) (0)
- Public inquiries as an attempt to fill accountability gaps left by judicial and legislative review (2014) (0)
- Racial and Ethnic Profiling: Statutory Discretion, Democratic Accountability and Constitutional Remedies (2008) (0)
- Concluding Comments from the Department of Justice (2001) (0)
- Terrorist Speech under Bills C-51 and C-59 and the Othman Hamdan Case: The Continued Incoherence of Canada’s Approach (2019) (0)
- The Judicial, Legislative and Executive Roles in Enforcing the Constitution: Three Manitoba Stories (2017) (0)
- Book Review: Joan Barrett, (2008) (0)
- Section 7 of the Charter and National Security: Rights Protection and Proportionality versus Deference and Status (2012) (0)
- Anti-terrorism laws: balancing national security and a fair hearing (2011) (0)
- Alternative explanations for pro‐conviction judicial tendencies: A commentary on Berryessa et al. 2022 (2022) (0)
- Judges and free speech in Canada (2011) (0)
- 9. Crime Victims (1999) (0)
- Book Review: David Cayley, (2008) (0)
- Bridging the National Security Accountability Gap: A Three-Part System to Modernize Canada's Inadequate Review of National Security (2016) (0)
- Global Anti-Terrorism Law and Policy: The financial war on terrorism (2005) (0)
- Stumbling Toward Total Information Awareness: The Security of Canada Information Sharing Act (2015) (0)
- 2. The Police (1999) (0)
- Accountability Mechanisms for Transnational Counterterrorism (2019) (0)
- Book Review: Michel Proulx and David Layton, (2008) (0)
- Remedies for Laws That Violate Human Rights (2021) (0)
- Appendix A: Annotated and Selected Excerpts of Bill C-36 As Introduced in Parliament October 15, 2001 (2001) (0)
- The SNC Lavalin Controversy: The Shawcross Principle and Prosecutorial Independence (2019) (0)
- SURPRISING AND DISTURBING? THE SASKATCHEWAN BOUNDARIES DECISION (2011) (0)
- 7 Motor Vehicle Safety Design (1990) (0)
- Book Review: Allan Manson, (2008) (0)
- Prosecutors and Wrongful Convictions (2017) (0)
- 9 Post-Accident Injury Care (1990) (0)
- "Constitutional Chicken": National Security Confidentiality and Terrorism Prosecutions after R. v. Ahmad (2012) (0)
- 3. The Criminal Trial (1999) (0)
- Remedies in the Criminal Process (2021) (0)
- A Further Note on Final Note: The Scope and Limits of Judicial Law Making (2001) (0)
- Renovating Independent Police Review (2017) (0)
- Criminological perspectives on terrorism (2019) (0)
- Countries That Did Not Immediately Respond (2011) (0)
- THE ROLE OF CRIME VICTIMS (2017) (0)
- 4. Victimless Crimes (1999) (0)
- Global Anti-Terrorism Law and Policy: Contributors (2012) (0)
- 8 Highway Safety Design (1990) (0)
- Multidisciplinary Practices and Partnerships: Prospects, Problems and Policy Options (2000) (0)
- Defining Miscarriages of Justice in the Context of Post 9/11 Counter Terrorism (2017) (0)
- Criminal Law and Procedure: Cases and Materials, 10th Edition (2010) (0)
- Introduction: A symposium examining remedies for violations of human rights (2019) (0)
- Book Review: Joan Barrett, "Balancing Charter Interests" (2002) (0)
- 6. Young People (1999) (0)
- Comparative Constitutional Law and the Challenges of Terrorism Law (2011) (0)
- Plan B for Implementing Gladue: The Need to Apply Background Factors to the Punitive Sentencing Purposes (2019) (0)
- Taking Remedies Seriously: An Introduction (2012) (0)
- The Problematic Revival of Section 229(c) of the Criminal Code (2010) (0)
- The 9/11 Effect: Conclusions (2011) (0)
- Remedies as " Constitutional Hints " : A Comment on R . (2008) (0)
- The 9/11 Effect: Canada Responds: Border and Human Security (2011) (0)
- Developments in Criminal Procedure: The 1993-1994 Term (2008) (0)
- Ontario's Bill 175 on Policing: Improved Accountability but Lagging Governance (2017) (0)
- 7 The Royal Canadian Mounted Police (RCMP) (2021) (0)
- Bill C-51 Backgrounder #4: The Terrorism Propaganda Provisions (2015) (0)
- Declarations, Injunctions and the Declaration Plus (2021) (0)
- Reg Whitaker, Gregory S. Kealey, and Andrew Parnaby, Secret Service Political Policing in Canada from the Fenians to Fortress America , Toronto: University of Toronto Press, 2012. Pp. 720. $90.00 cloth (ISBN 9780802007520); $36.95 paper (ISBN 9780802078018) (2014) (0)
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