University of Calgary

Publications -- Kathleen E. Mahoney

NOTE: Only pulbications and presentations from 1999 to 2010 are listed. 

Books edited

  • The Residential School Legacy: Is Reconciliation Possible? University of Calgary Press, editor (in press)

Chapters in Books

  • "What is Justice?", Trudeau Foundation Publication of Trudeau Lectures, 2010
  • "Hate Speech Dichotomies: Does it have to be That Way?" in The Study of Human Rights, Prof. Xu Xanming ed., Shandong People's Publishing House, Peking University, China, 2010
  • "Section 15 Equality Rights" in Constitutional Law Casebook, G. Gall et al eds., (Butterworths, 2009
  • "Canadian Approaches to Equality Rights and Gender Equity in the Courts" in Protection of an Individual Against Discrimination, New Justice Publishing, Russian Academy of Sciences, Moscow, Russia, 2006
  • "Canadian Values in the World Community" in Building Trust, Balancing Global Power, The Sheldon Chumir Foundation, 2005
  • "Constitutional Protection of Free Speech and the Protection of Children" in Essays in Honor of Gerald Beaudoin, University of Montreal, 2001
  • "Gender and the Judiciary: Confronting Gender Bias" in Gender Equality and the Judiciary: Using International Human Rights Standards to Promote the Human Rights of Women and the Girl-Child at the National Level, Kristine Adams and Andrew Byrnes eds., Commonwealth Secretariat, Marlborough House, London, England, 1999
  • "Is there a Backlash to Human Rights?" in Human Rights in the 21st Century: Prospects, Institutions and Processes, Canadian Institute for the Administration of Justice, 1999

Law Journal Articles and Published Conference Proceedings

  • "Citizenship, Democracy and Hate Speech in Canada," (2010) 39 Common Law World Review, D. Clark and K. Stanton eds., University of Bristol, UK, Vathek Publishing
  • "Equality and the State of Canadian Law" (2009) 44:2 Wake Forest Law Review 321-351
  • "Should There be a Human Right to Water?", Conference Proceedings, Liidlii Kue, Denendeh, Fort Simpson NWT, Keepers of the Water Watershed Gathering, 2006
  • "Response to Hans Kung's Remarks on Global Ethic and Human Responsibilities", Human Rights and Human Responsibilities in the Age of Terrorism Conference, Santa Clara University Markkula Center for Applied Ethics,  Interaction Council, 2005 
  • "Substantive Equality and Access to Justice", in Walking Wisdom, A Creative Learning Experience, Interights Commonwealth Human Rights Initiative, South Asian Region, Conference for the Supreme Court of India, 2005.
  • "Economic Social and Cultural Rights: The Case for Indian Residential School Compensation for Failure to Educate", Conference Proceedings, John Humphrey Center, University of Alberta, 2003
  • "International Law, Children's' Rights and the Sharpe Decision," Conference Proceedings, National Judicial Institute, 2001
  • "Balancing Customary Norms With Constitutional Equality Requirements", Conference Proceedings, Legal Resources Center, Johannesburg, South Africa, 2001

Reports

  • Re-building Courts and Trust: An Assessment of the Needs of the Justice System in the Democratic Republic of Congo, August 2009, (participating author) International Bar Association and the International Legal Assistance Consortium
  • Report on Exploratory Mission to Vietnam to meet with Judiciary and Judicial Education Institutions to prepare for the development of a judicial education project, 2007
  • Reports on the Progress of the Vietnam Mission, 2007, 2008, 2009.
  • Report on a Fact Finding Mission to Ireland to Examine the Settlement of Industrial School Claims for Abuse, the Truth Commission and the Views of Survivors, 2004
  • Report on Vicarious Liability and Damages Assessment in Residential School Sexual and Physical Abuse Cases, Assembly of First Nations, 2004
  • Report and Recommendations with Respect to the Wearing of Traditional Hairstyles by Aboriginal Soldiers in the Military, Department of National Defense, 2003.
  • Report on a Fact Finding Mission to Tanzania to Investigate Deaths in Bulyanhulo Mining District, 2001

Conferences Organized

  • Vietnam Judicial Development and Grassroots Engagement Project workshops and seminars, 2006-date, CIDA
  • University of Calgary Chair and organizer of An International Conference on Truth and Reconciliation Commissions, 2007
  • University of Calgary Chair and organizer of a aational, interdisciplinary conference on Indian Residential School Claims, the ADR process, and Reconciliation, 2004
  • University of Calgary Chair and organizer of an experts workshop on Reparations and Reconciliation, Morley, Alberta, 2004
  • University of Calgary Chair and organizer, expert workshop in Calgary on Truth Commissions, Healing initiatives and Indian Residential Schools Reparations, 2004
  • University of Calgary, G-6B organizing committee to organize A Conference on Globalization and the Economy, at the University of Calgary for students, faculty and international delegates, 2002
  • Planning Committee for the University of Calgary Dialogue on the 2001 Summit on the Americas
  • Planning Committee for the National Judicial Institute fall conference, 2001
  • Co-chair, conference on National Association of Women and the Law.
  • Management Committee, Asia Pacific Advisory Forum for the Supreme Court of India on Judicial Education on Equality Issues, 1999

Conference Presentations

  • Keynote Speaker, Echenberg Global Conference on Human Rights and Diverse Societies, McGill University, 2010
  • Keynote Speaker, Trudeau Lecture: "What is Justice?", Learned Societies Conference, Concordia University, 2010
  • Panelist, Canada-Israel Bilateral Forum on Migration, Rights and Identity, " Globalised Hate Speech, Minorities and Identity" Rupin Academic center, Israel, 2010
  • Keynote speaker, 13th Biennial Conference of the International Society for Justice Research, "Equality and Restorative Justice," Banff AB, 2010
  • Participant, Ditchley Foundation Conference on The Condition of International Law, at Ditchley Park, Oxford, UK, 2010
  • Panelist, British Association of Canadian Studies, Cambridge University, "Restorative Justice and the Indian Residential School Settlement Agreement", 2010
  • Presenter, Homeland Security: Global & Domestic Perspectives
  • Conference, "Hate Speech in the Age of Terrorism," Warrensburg, Missouri, 2010
  • Panelist, International Conference for Judicial Educators, Sydney Australia, 2009
  • Keynote speaker, Canadian High Commission, London, An Aboriginal Studies Conference, 2009
  • Panelist, British Association for Canadian Studies, A Conference on Being, Becoming, and Belonging: Multiculturalism, Diversity, and Social Inclusion, Oxford University, 2009
  • Panelist, National Association of Archivists, A Conference on Rights, Responsibilities and Trust, 2009
  • Keynote speaker, Pacific Business and Law Institute, Aboriginal Law Conference on Aboriginal Rights and Title: New Law, Litigation and Emerging Issues, 2009
  • Keynote speaker, Treaty 7 Management Corporation Indian Residential School Meeting with Truth Commission, 2009
  • Keynote Speaker, Wake Forest Law School North Carolina, A Conference on Hate Speech, Equality and the Law, 2008
  • Keynote speaker, Faculty of Law, University of Galway Ireland, UK Conference on Equality and the Constitution - Comparative Perspectives, 2007
  • Panelist, Canadian Bar Association, 9th International Development Workshop, Gender Law and International Development , 2007
  • Witness, Committees of the House of Commons, Standing Committee on Foreign Affairs and International Development, 2007
  • Keynote speaker, University of Western Australia, The Role of Reconciliation in Tort Law, 2006
  • Keynote speaker, Curtin University, Perth Australia, Commemoration, Truth Commissions and Damages for Government Imposed Racial Harms: Is it Enough?, 2006
  • Keynote speaker, Australian National University - Reconciliation Canadian Style: The Story of the Indian Residential School Settlement, 2006
  • Keynote speaker, Assembly of First Nations, Settlement Agreement Conference for Frontline Workers, Vancouver, B.C. and Toronto Ontario, "Understanding the Residential School Settlement Agreement"; "Understanding the Truth Commission", 2006
  • Panelist, Liidlii Kue, Denendeh, Fort Simpson NWT, Keepers of the Water Watershed Gathering, "Should There be a Human Right to Water?", 2006
  • Keynote speaker, Assembly of First Nations, Residential School Conference "Elements of a Fair and Just Settlement", 2005
  • Cardozo University, Faculty of Law, New York, "Hate Speech in the Age of Terrorism," 2005
  • Interaction Council, Symposium and High Level Expert Group Meeting, "Human Rights and Human Responsibilities in the Age of Terrorism" Santa Clara University, 2005
  • Learned Societies annual meeting panelist, "Writing Feminist Legal Biography", 2004
  • Keynote speaker, LEAF annual fundraiser Winnipeg on "Claire L'Heureux-Dubé - Contributions of a Feminist Judge to Canadian Jurisprudence", 2003
  • Keynote address at Canada - U.S. conference, NAFTA at Ten, held at University of Windsor. "Trade, Democracy and Human Rights", 2003
  • Keynote address at University of Victoria International Congress on Women's Health Issues, entitled "The Rights to Healthcare in a Globalized World", 2003
  • Keynote address at University of Adelaide Feminist Legal Theory Conference, on "Trials of a Feminist Judge: Contribution of Justice Claire L'Heureux-Dube to Feminist Legal Theory."
  • Workshop Leader and Keynote speaker, British Council Conference at Queen's University Belfast and Notre Dame University, London, on "Do National Human Rights Institutions Really Work?", 2003
  • "Accessing Legal Remedies: Does Gender Make a Difference?" Learned Societies, SHHRC and CIDA Conference, 2003
  • Commentator: On film and colloquium "Henry Kissinger as War Criminal. University of Calgary, 2003
  • First South Asian Judicial Colloquium on Access to Justice, "Women's Systemic Inaccessibility to Justice", 2002
  • Presentation at "Reading Hebron" event co-sponsored by Faculty of Law and Faculty of Fine Arts, 2002.
  • National Association of Women and the Law: The Canadian Role in the Inter-American Human Rights System, 2002
  • National Association of Women and the Law : Why Canada Should Ratify The Inter-American Convention on Human Rights, 2002
  • Presentation at Kananaskis Roundtable on Corporate Responsibility sponsored by the Latin American Center, University of Calgary, 2002
  • Presentation of a paper on "Economic, Social and Cultural Rights" John Humphrey Institute, 2002
  • Presentation of a paper on "The Contributions of Justice Claire L'Heureux-Dubé in International Human Rights Jurisprudence", Toronto, 2002
  • Presentation, "Human Rights and Homo Economicius" at the G-6B opening ceremonies, 2002
  • Presentation of paper, "Feminist Method in Courtroom", at a conference organized by The Law Faculty, MacQuarie University, Sydney, Australia, 2002
  • Presentation, "Shifting Borders" at Millennium Scholarship Foundation conference in Ottawa, 2002
  • Presentation of paper, "Residential Schools and the Law of Genocide" at conference of Residential Healing Society, Prince Rupert, October 1, 2002
  • Presentation at Dharmasala Monastery, India, on International Human Rights. November 6, 2002.
  • Presentation on "The Right to Health" at roundtable in Calgary, September 2002. Sponsored by the Provincial leader of the NDP party.
  • Access to Justice: Gender Issues; Economic Social and Cultural Rights; Feminist Method in the Courtroom; The Contribution of Claire L'Heureux to International Human Rights Law; Adelaide, Australia, 2002
  • Keynote presentation at CBA / CIDA / Namibia Bar Association conference on the topic, "Balancing Customary Norms with Constitutional Equality Requirements: The Canadian Experience." March, 2001.
  • Commentary on the lecture of Professor Francis Boyle, Parhad Lecturer on the topic "International Humanitarian Law" at Parhad Lecture Roundtable, University of Calgary, March, 2001
  • Paper presentation to National Judicial Center Conference for International Women Judges on "Application of International Human Rights Norms into Canadian Law," Montréal, November, 2001`
  • Presentation of a paper at Roundtable on Summit of the Americas, "International Trade Agreements and Human Rights Protection," University of Calgary, March, 2001.
  • Presentation at University of Alberta Law School on "Critical Legal Perspectives," March, 2001.
  • Presentation of a seminar on "Why Canada Should Ratify the Inter-American Convention on Human Rights," Summit of the Americas, Quebec City, April, 2001, Canadian Women's Caucus.
  • Presentation of keynote address at conference of Covenant House in Vancouver, on the Sexual Exploitation of Children, "Child Pornography - Children Have Equal Rights Too." May, 2001.
  • Presentation, University Women's Club, "The Person's Case and the Governor General's Award: Reflections on Women's Work" November, 2001.
  • Presentation to the Faculty of Law, Queen's University, Belfast, Ireland, on "Genocide, War Crimes and the Equal treatment of Female Victims," May, 2001.
  • Presentation, for Rights and Democracy Forum in Celebration of the John Humphrey Freedom Award Winner, on the topic, "The Role of NGO's in the Support of Women's Equality Struggles in Oppressive Regimes," Montreal, December, 2001.
  • National Judicial Institute conference on "International Law, Children's' Rights and the Sharpe Decision", 2001
  • Legal Resources Center, Johannesburg, S.A. "Balancing Customary Norms With Constitutional Equality Requirements", 2001
  • University of Victoria, Faculty of Law, Keynote speaker, "Equality Rights and the Charter - Developments in the Past Decade", 2000
  • McGill University, Paper, Montreal, "Citizenship and Human Rights", 2000
  • University of Calgary, Jessup Moot Colloquium, "Human Rights in the 21st Century: Where are we going?", 2000
  • University of Calgary, Women's Studies Institute, "Feminism and Cultural Texts", 2000
  • Royal Society of Canada, Learned Societies Conference, Edmonton, "Human Rights of Women: An Analysis of Feminist Legal Theories", 2000
  • Sheldon Chumir Foundation, Colloquium, Calgary, "Freedom of Speech: Considerations of Charter Equality", 2000
  • President's Circle, University of Calgary, "Do Women Have Rights in War?", 1999
  • Gender Research Institute, University of Calgary, "Global Perspectives on Personhood: Equality and Discrimination, 1999
  • "Breaking the Chains of Prejudice", International Gathering of Indigenous Persons, Vancouver, B.C., 1999
  • "Rape as a War Crime". McGill University, Human Rights and the International Criminal Tribunal, 1999
  • "Modern Racism in Canada", School of Policy Studies, Queen's University, 1999
  • Harvard Law School, "Human Rights and the Role of Non-governmental Organizations," 1999
  • Keynote speaker, Global Perspectives on Personhood, University of Calgary, October 1999, 1999

Presentations To Professional Bodies 

  • Judicial Training College, Hanoi Vietnam, Judicial Education Challenges in Evolving Societies (2007)
  • Judicial Academy. Hanoi Vietnam, The Role of Social Context in Judicial Decision Making and Judicial Eduation.(2007)
  • Interaction Council (an international council of former heads of state) "Human Rights and Responsibilities in the 21st Century (2005)
  • South Asian Regional Judicial Colloquium on Access to Justice "Access to Justice: Gender Issues" New Delhi (2002)
  • Keynote presentation to Calgary Women Lawyer's Association on "The Legal Status and treatment of War Crimes and Genocidal Crimes Against Women in Rwanda and in The Hague Tribunals" (2001)
  • Keynote presentation at CBA / CIDA / Namibia Bar Association conference, "Balancing Customary Norms with Constitutional Equality Requirements: The Canadian Experience." (2001)
  • Presentation on "The Effects of Globalisation on Women's Equality" NGO Forum, Summit of the Americas, Quebec City, April, (2001)
  • Keynote speaker, Canadian Association of Human Rights Commissions annual conference in Whitehorse, Yukon, "Bias in Judicial Decision in Human Rights Cases." (2001)
  • Paper presentation to National Judicial Center Conference for International Women Judges on "Application of International Human Rights Norms into Canadian Law," Montréal, (2001)
  • Keynote presentation at the National Indian and Inuit Community Health Representatives Annual Meeting in Vancouver on the topic, "Duties and Responsibilities of Trustees in Administering Pay Equity Trusts," (2001)
  • Presentation of a paper at CBA Annual meeting in Saskatoon on the topic, "International Human Rights Advocacy Work: Lessons Learned." (2001)
  • Keynote presentation at Canadian Club, Calgary on "War Crimes and Crimes against Humanity: Challenges for the Advocate." (2001)
  • Department of Justice, Ottawa, "Access to Justice: Gender Discrimination and Legal Aid." (2000)
  • Sri Lanka Judicial Education Workshops, "Human Rights and Substantive Equality" (2000)
  • International Congress for Parole Boards, Ottawa, Keynote, "Decision Making: Ethics and Processes." (2000)
  • Department of Justice, Conference on Equality for Crown Prosecutors, Ottawa, Keynote, "Social Context Considerations in Prosecutions." (2000)
  • National Association of Women in the Law, Keynote, "Equality: The Challenge of the New Millennium." (2000)
  • Canadian Association of Human Rights Commissions, Banff, "Think Globally: Act Locally." (2000)
  • Immigrant Women's Association of Calgary, Keynote, "Rape as a War Crime." (2000)
  • Ontario Human Rights Commission in conference Keynote, Toronto, "The Challenges of Implementing Economic, Social and Cultural Rights." (2000)
  • Canadian Institute for the Administration of Justice Training Program for New Judges. Paper on "Substantive Equality Beyond the Charter" (distributed) (1999)
  • "From Vision to Action: Implementing the RCAP", Canadian Bar Association Annual Conference (1999)
  • "Canadian Democracy and Federalism: A Deeply Flawed Reality", Forum of Federations, Government of Canada International Conference (1999)