Robert Diab

Books

• Search and Seizure (Irwin Law, 2023) [with Chris Hunt].
• The Harbinger Theory: How the Post-9/11 Emergency Became Permanent and the Case for Reform (Oxford University Press, 2015).
• Guantanamo North: Terrorism and the Administration of Justice in Canada (Fernwood Publishing: Halifax, 2008).

Journal Articles

• "Too Dangerous to Deploy? The Challenge Language Models Pose to Regulating AI in Canada and the EU" (forthcoming 2024) UBC Law Review.
• “‘Must the Police Refuse to Look?’ Resolving the Emerging Conflict in Search and Seizure Over Civilian Disclosure of Digital Evidence”. (forthcoming: 2024) McGill Law Journal.
• “Harm to Self-Identity: Reading Goffman to Reassess the Use of Surreptitious Recordings as Evidence” (forthcoming: 2024) Manitoba Law Review.
• "Public Order Policing in the Normal Course: a Proposal for a Charter-Compliant Federal Act” 46:2 Manitoba Law Journal 2023 (with Jamie Cameron)
• “Surreptitious Recordings by Civilians in Criminal Trials: Challenging Their Admissibility at Common Law and Under the Charter” (forthcoming 2023) Canadian Criminal Law Review
• "Searching Short-Term Rental Properties: When Will Police Require a Warrant?” (forthcoming 2023) Criminal Law Quarterly (with Colton Fehr)
• “Reasonable Apprehension Under Mental Health Law” (2022) Queens Law Journal (with Jolene Sanderson)
• “The Opioid Crisis and Section 7: Charter Implications of Safe Supply and Simple Possession” (forthcoming: 2022) 55:2 UBC Law Review (with Rose Morgan and Robyn Young)
• “The Real Lesson of the Freedom Convoy ‘Emergency’: Canada Needs a Public Order Policing Act” (2022) 70 Criminal Law Quarterly
• “Pathways to Police Adoption of Body and Dash Cameras in Canada: How and Why Parliament Should Intervene” (2022) 70 Criminal Law Quarterly (with Marshal Putnam)
• “Striking the Right Balance? Complainant Privacy and Full Answer and Defence in the New First-party Records Regime” (2021) 69 Criminal Law Quarterly 191 (with Robyn Young)
• "Search Engines and Global Takedown Orders: Google v Equustek and the Future of Free Speech Online" (2019) 56:2 Osgoode Hall Law Journal, 231
• "Does the State Have a Compelling Interest in Searching Device Data at the Border? Emerging Approaches to Reasonable Search in Canada and the United States" (2018) Oxford U Comparative L Forum 1
• "Protecting the Right to Privacy in Digital Devices: Reasonable Search on Arrest and at the Border" 69 University of New Brunswick Law Journal 96 (2018) (10,000 words)
• "Justice as Invisibility: Law, Terror, and Dehumanization" (2016) 5 Annual Review of Interdisciplinary Justice Research (10,000 words).
• "The Policing of Major Events in Canada: Lessons from Toronto's G20 and Vancouver's Olympics" (2016) Windsor Review of Legal and Social Issues (16,000 words) (with W. Wesley Pue and Grace Jackson).
• "R. v. Khawaja and the Fraught Question of Rehabilitation in Terrorism Sentencing" (2014) 39: 2 Queens Law Journal (10,000 words)
• "Sentencing for Terrorism Offences: A Comparative Review of Emerging Jurisprudence" (2011) 15:3 Canadian Criminal Law Review (15,000 words).
• "Security for the 2010 Olympics – The Gap in Police Powers Under Canadian Law" (2010) 28 Windsor Review of Legal and Social Issues 87-107, (7,300 words) (with Wesley Pue)

Commissioned Report

• “The Policing of Large-Scale Protests in Canada: Why Canada Needs a Public Order Policing Act” in The Honourable Paul S. Rouleau, Commissioner, Report of the Public Inquiry into the 2022 Public Order Emergency, Volume 5: Policy Papers (Public Order Emergency Commission: Ottawa, February 2023).

Book Chapters

• "The Demise of Rights as Trumps", in Ben Goold and Liora Lazarus, eds, Security and Human Rights, 2nd edition (Oxford: Hart Publishing, 2019). (10,000 words)
• "Counter-terror Law: Canada" in Kent Roach, ed., Comparative Counter Terror Law (Cambridge University Press, 2015) (14,000 words)
• "Terrorism as Crime or War?" in Carolyn Brooks and Bernard Schissel, eds., Marginality and Condemnation: An Introduction to Criminology, 3rd edition (Fernwood Publishing: Halifax, 2015) (10,000 words)
• "Sentencing of Terrorism Offences After 9/11: A Comparative Review of Early Case Law," in Craig Forcese and François Crépeau, eds., Terrorism, Law and Democracy: 10 Years After 9/11 (Montreal: Canadian Institute for the Administration of Justice, 2011) (12,000 words)
• "Reading Khadr: Making Sense of Canada's Reluctance To Do the Right Thing", in Janice Williams, ed., Omar Khadr, Oh Canada (McGill-Queens University Press: Montreal, 2012) (with Alnoor Gova)

Book Reviews

• Canadian Journal of Law and Society, 2023 38:1, review of ‘Canadian Policing: Why and How It Must Change’ by Kent Roach (Delve Books: 2022).
• New Media & Society, 2023 23:1, review of ‘Content’ by Kate Eichhorn (MIT Press: 2022).
• Commonwealth Judicial Journal, 2022 26:2, review of The Courts and the People: Friend or Foe? (The Putney Debates 2019) (Hart: 2021).
• University of Toronto Law Journal, 2017 67:1, review of 'False Security: The Radicalization of Canadian Anti-Terrorism,' by Craig Forcese and Kent Roach (Irwin: 2015).
• Canadian Journal of Law and Society, 2015 30:3, review of 'The Disappearance of Criminal Law: Police Powers and the Supreme Court,' by Richard Jochelson and Kristen Kramar, with Mark Doerksen (Fernwood Publishing: Halifax and Winnipeg, 2014).
• Canadian Journal of Law and Society, 2010 25:2, review of 'Canadian State Trials: Volume III – Political Trials and Security Measures, 1840-1914 'Barry Wright and Susan Binnie, eds. (Toronto: University of Toronto Press, 2009).
• Canadian Journal of Law and Society, 2007 22:1, review of 'How Patriotic is the Patriot Act?' by Amatai Etzioni (Routledge: New York, 2004).
• The Advocate, Vol. 61, 2003, review of 'The British Columbia Civil Trial Handbook' ed. by D. Harris et al (C.L.E.: Vancouver, 2003).
• Clarity, 45, 2000, review of 'Clear and Simple as the Truth: Writing Classic Prose' by Francis-Noel Thomas and Mark Turner (Princeton UP: 2000).

Other law publications

• "Compelling people to reveal their passwords is posing a challenge to police and courts" (27 May 2019) The Conversation | salon.com
• "Is Password Compulsion Constitutional in Canada? Two Views" (July 2019) The Advocate (with Marshall Putnam)
• "The Big Fail: The Internet Hasn't Helped Democracy" (15 October 2018) The Conversation
• "Has ISIS Become the New Pretext for Curtailing Our Civil Liberties?" (June 2015) Oxford University Press blog
• "Canada's Refugee Health Law and Policy from a Comparative, Constitutional, and Human Rights Perspective" (2015) 1:1 The Canadian Journal of Comparative and Contemporary Law (14,000 words) (with Ruby Dhand).
• "Security for the Olympics: British Columbia Needs a "Public Order Policing Act" The Advocate September 2009 (with Wesley Pue).

• The Law Society of British Columbia
• The Canadian Bar Association
• The Canadian Bar Association, British Columbia Branch
• Kamloops Bar Association
• TRU Law Library Research Guide