Carissima Mathen

Carissima Mathen
Carissima Mathen
Full Professor (on leave)


Room
57 Louis Pasteur St., Room 119
Phone
Office: 613-562-5800 ext. 3282


Biography

Carissima Mathen, LSM joined the Faculty in 2011, and is Full Professor of Law. She teaches Canadian Constitutional and Criminal Law, as well as seminars in Advanced Constitutional Law. She served as Vice-Dean (Academic) of the English Program from 2017-2019. From 2002-2011, Professor Mathen was alaw professor at the University of New Brunswick. From 1994-2001, she was Counsel and, later, Director of Litigation for the Women's Legal Education and Action Fund (LEAF) undertaking equality rights litigation before the Supreme Court of Canada and other courts. She participated in formativeChartercases of theLamer court including Vriend v AlbertaR v RDS, Winnipeg Child and Family Services v GM v HR v Darrach and R v Mills

Professor Mathen is an expert in Canadian constitutional law.Her 2019 monograph,   Courts Without Cases: The Law and Politics of Advisory Opinions(Hart) won 2nd Place Distinction in the prestigious Walter Owen Book Prize competition.   She has also written   The Tenth Justice: Judicial Appointments, Marc Nadon and the Supreme Court Act Reference(UBC Press, 2020). She is the Editor of the leading casebook,  Canadian Constitutional Law 6th Edition (Emond, 2022). Her latest book is (De)Coding the Court: Legal Data Insights into Canada's Supreme Court, (Routledge Focus, 2024). Professor Mathen has authored dozens of additional works in constitutional law, criminal law, legal pedagogy, and feminist legal theory. In 2018, the Law Faculty recognizedher work with the Award for Excellence in Legal Research.

Professor Mathen has also won multiple awards from the legal community. Citing her “outstanding contribution to legal writing in the field of Canadian constitutional law”, the government of Ontario bestowed upon her the 2022 David W. Mundell Medal. She is a recipient of theLaw Society Medal. She has also received faculty and university-wide prizes for Excellence in Media Relations.

Selected Publications

  • "Federalism and the Notwithstanding Clause” Constitutional Forum Vol. 32 No. 3 (2024) 1-12
  • “Vaccine Refusals and Freedom of Religion: A Moving Target in a Pandemic Age” in Colleen M. Flood et al, eds, Borders, Boundaries & Pandemics (Routledge 2024) 183-191
  • "Equality Before the Charter: Reflections onFraser v Canada",(2022) 104 Supreme Court Law Review, 105-122
  • “Regulating Expression on Social Media”, in E. Macfarlane, ed.,Dilemmas of Free Expression(University of Toronto Press, 2021) 91-110
  • “What’s Right With Section 33.1” (2021) 25:3Canadian Criminal Law Review255-274 (with Michael Plaxton)
  • “An Inconvenient Constitution?The Troubles with Suspended Declarations of Invalidity”, (2021) 101The Supreme Court Law Review345-350
  • The Tenth Justice(with Michael Plaxton)(UBC Press, 2020)
  • "Resisting the Siren's Call: Emergency Powers, Federalism and Public Policy" in Colleen M. Flood et al, eds,Vulnerable: The Law, Policy and Ethics of COVID-19(UOP, 2020) 115-126
  • "Technologically-Facilitated Violence Against Women & Girls: Assessing the Canadian Criminal Law Response" (2020) 97 Canadian Bar Review 564-696 (with Jane Bailey) 
  • Courts Without Cases: The Law and Politics of Advisory Opinions(Hart Publishing, 2019) (2nd Place Distinction - Walter Owen Book Prize 2021)
  • "The Reference Jurisdiction of the Supreme Court of Canada" in Paul Daly, ed.,Apex Courts and the Common Law(UTP, 2019) 140-165
  • “Access to Charter Justice”,Oxford Handbook of the Canadian Constitution(OUP, 2017) 639-655
  • “A Recent History of Government Responses to Constitutional Litigation” (2016) 25:3Constitutional Forum101-108 
  • “Legal Education, TWU and the Looking Glass”, (2016) 75The Supreme Court Law Review223-245 (with Michael Plaxton)
  • Book Review: “Nothing to Lose but Our Chains” – Louis Seidman,Constitutional Disobedience” (2016) 52Osgoode Hall Law Journal375-386
  • “The Federal Principle” in E.MacFarlane, ed,Constitutional Amendment in Canada(UTP, 2016) 65-84
  • "The Shadow of Absurdity and the Challenge of Easy Cases: Looking Back on theSupreme Court Act Reference" (2015) 71The Supreme Court Law Review161-189
  • "Crowdsourcing Sexual Objectification" (2014)Laws3, no. 3: 529-552
  • "The Upside of Dissent in Equality Jurisprudence" (2013) 63The Supreme Court Law Review111-142
  • "Purposive Interpretation, Quebec and the Supreme Court Act" (2013) 22:3Constitutional Forum15-26 (with Michael Plaxton)
  • " 'A Precarious, Chancy Situation': Aboriginal Gaming Rights in Canada " (2013) 46:2UBC Law Review349-395
  • "Reflecting Culture: Polygamy and the Charter" in Benjamin L. Berger and James Stribopoulos, edsUnsettled Legacy: Thirty Years of Criminal Justice under the Charter(Toronto: LexisNexis, 2012) 391-408 (also published in 2012 57 SCLR 2d)
  • "HIV, Consent and Criminal Wrongs" (2011) 57The Criminal Law Quarterly464-485 (with Michael Plaxton)
  • “‘The Question Calls for an Answer, and I Propose to Answer It’: The Patriation Reference as Constitutional Method” (2011) 54The Supreme Court Law Review143-166
  • Women, Law and Equality: A Discussion Guide(Toronto: Irwin, 2010) (with Kim Brooks)
  • "What Religious Freedom Jurisprudence Reveals about Equality" (2009) 6:2Journal of Law and Equality163
  • “Choices and Controversy: Judicial Appointments in Canada” (2008) 58U.N.B.L.J.  52-72

Courses

  • Crisis, Conundrum, Controversy: The Survival of Constitutional Law and Order CML4101
  • Criminal Law and Procedure CML 1203
  • Constitutional Law CML 1116