Jena McGill
Jena McGill
Associate Professor

LL.M. (Yale University)
M.A. International Affairs (Carleton University)
LL.B. (University of Ottawa)
B.A/Sc. (Hons.) (McMaster University)

Fauteux 124
Office: 613-562-5800 ext. 7905
Office: 613-562-5124


Jena McGill is an Associate Professor at the Faculty of Law (Common Law Section), and a member of the Law Society of Ontario. 

Jena is a graduate of the joint J.D./M.A. program of the University of Ottawa Faculty of Law and the Norman Paterson School of International Affairs at Carleton University, and she served as a law clerk to Justice Louise Charron at the Supreme Court of Canada. Jena worked at the United Nations International Law Commission in Geneva, Switzerland, and completed her graduate studies in law (LL.M.) at Yale Law School, where she focused on human rights and equality issues related to gender, sexuality and the law.

Jena researches in the areas of Canadian constitutional law (with a focus on equality law); gender and sexuality; women, peace and security in international law; feminist legal theory; and legal technology as a vehicle to promote access to justice. Her work on section 15 of the Canadian Charter of Rights and Freedoms has been cited by the Supreme Court of Canada. In 2014 Jena was a Visiting Scholar at the Kent Centre for Law, Gender and Sexuality at Kent Law School in Canterbury, UK. In 2016, Jena was the Principal Investigator on a SSHRC-funded project exploring the risks and opportunities of using mobile and web-based apps to enhance access to justice, with co-investigators Professors Suzanne Bouclin and Amy Salyzyn. The final project report, entitled Emerging Technological Solutions to Access to Justice Problems: Opportunities and Risks of Mobile and Web-based Apps can be found here. In 2017-2019, the same research team, along with Professor Teresa Scassa and with funding support from the Office of the Privacy Commissioner of Canada, developed A Best Practices Guide for Improving Privacy Practices for Legal Apps

Jena teaches or has taught Tort Law, Constitutional Law and Introduction to Feminist Legal Thought in the first year program, as well as upper year seminars on Gender, Sexuality and the Law and Advanced Equality Rights. 

Select Publications

  • “Developing Privacy Best Practices for Direct-to-Public Tech Tools: Observations and Lessons Learned” (2020) Canadian Journal of Law and Technology (in press) (with Teresa Scassa, Amy Salyzyn & Suzanne Bouclin).
  • “Re-Consideration of R v Kapp, 2008 SCC 41” (2018) 30:2 Canadian Journal of Women and the Law 221-227.
  • “Of Promise and Peril: The Court and Equality Rights” in M. Harrington (ed), The Court and the Constitution: A 150-year Retrospective (LexisNexis, 2017) 235-257 (with Daphne Gilbert).
  • “Mobile and Web-Based Legal Apps: Opportunity, Risks and Information Gaps” (2017) 15:2 Canadian Journal of Law and Technology 229-263 (with Suzanne Bouclin & Amy Salyzyn). 
  • “Ameliorative Programs and the Charter: Reflections on the Section 15(2) Landscape since R v Kapp” (2017) 95 Canadian Bar Review 1-37.
  • “Now it’s My Rights versus Yours: Equality in Tension with Religious Freedoms” (2016) 53:3 Alberta Law Review 583-608.
  • “Developments in Constitutional Law: 2013 Term” (2015) 68 Supreme Court Law Review 137-228
  • “Queer Insights on Women in the Legal Profession” (2014) 17:2 Legal Ethics 231-260 (with Amy Salyzyn).
  • “SOGI...So What? Sexual Orientation and Gender Identity in International Human Rights Discourse” (2014) 3:1 Canadian Journal of Human Rights 1-38.
  • “Section 15(2), Ameliorative Programs and Proportionality Review” (2013) 61 Supreme Court Law Review 521-556.
  • “Locating the Trans Legal Subject in Canadian Law: XY v Ontario” (2013) 33 Windsor Review of Legal and Social Issues 96-140 (with Kyle Kirkup).
  • “Reduction to Absurdity: Reasonable Expectations of Privacy and the Need for Digital Enlightenment” in J. Bus, M. Crompton, M. Hildebrandt & G. Metakides (eds), Digital Enlightenment Yearbook 2012 (IOS Press, 2012) 199-217 (with Ian Kerr).