Author Archives: Chad Haggerty

About Chad Haggerty

Chad Haggerty is a 2019 Juris Doctor candidate at the University of Calgary. After 17 years in policing, Chad returned to school and obtained a Criminal Justice (Honours) degree before attending law school. Chad was able to work at the UCalgary Public Interest Law Clinic during his 1L summer and will be engaging in poverty law research during his 2L summer. Chad’s professional background coupled with his interest in improving access to justice for marginalized populations has shaped his desire to pursue a career in criminal law after graduation.

What’s In A List? Examining Canadian Terrorist Listing

By: Meagan Potier, Bassam Saifeddine, and Chad Haggerty

PDF Version: What’s In A List? Examining Canadian Terrorist Listing

Policy Commented On: Terrorist listing pursuant to section 83.05 of the Criminal Code of Canada

In 2001, Canada enshrined into law a public-facing list of terrorist entities as a part of the Criminal Code, RSC 1985, c C-46. In theory, this list is meant to simplify one aspect of Canada’s exceedingly complex terrorism prosecutions. In practice, the listed entities have only been relied on in Canadian criminal proceedings six times. More often than not, the listed entities are referenced during Immigration and Refugee Board decisions. This post provides a brief review of how the list is used within Canada, and then looks to Australia, the United Kingdom and New Zealand as case studies for best-practices of listing and delisting. Finally, we recommend that the federal government should evaluate the procedural safeguards within the listing process and the continued use of the listed entitles within the immigration context. Continue reading →

Evidentiary Issues with Claim of Racial Profiling in R v Kenowesequape

By: Chad Haggerty

PDF Version: Evidentiary Issues with Claim of Racial Profiling in R v Kenowesequape

Case Commented On: R v Kenowesequape, 2018 ABQB 135 (CanLII)

In 1999, the Ontario Court of Appeal adopted the following definition of “racial profiling”

Racial profiling is criminal profiling based on race. Racial or colour profiling refers to that phenomenon whereby certain criminal activity is attributed to an identified group in society on the basis of race or colour resulting in the targeting of individual members of that group. In this context, race is illegitimately used as a proxy for the criminality or general criminal propensity of an entire racial group (R v Richards, 26 CR (5th) 286, 1999 CanLII 1602 (ON CA) at para 24).

In R v Kenowesequape, Madam Justice Khullar of the Alberta Court of Queen’s Bench was tasked, in part, with determining whether an allegation of racial profiling was justified. This post will focus on the court’s rejection of the argument that racial profiling was in play during this police action. Continue reading →