● Served
as International Trial Observer at military trials of political
prisoners in
June 2007 in Cairo, Egypt at the invitation of human rights groups, the
Egyptian Lawyers Syndicate and members of the Egyptian Parliament, the
Peoples’
Assembly.
●
Legal Counsel to a coalition of twenty-seven civil and human rights
groups
which made submissions to the Canadian government on its recently
implemented
“no-fly” list known as the Passenger Protect Program.
●
Legal Counsel to a coalition of civil and human rights groups which
made
submissions to Parliamentary Committees on Canada’s Anti-Terrorism
Act
prior to its enactment and during its review.
● Legal Counsel to two
interveners at the
Commission of Inquiry into the Investigation of the Bombing of Air
India Flight
182 and the Iacobucci Inquiry looking into issues of national security.
● Legal Counsel to a
number of the
leading finance companies offering Islamic financial products and
services in
Canada. Several of the major financial
institutions and law firms have started to explore the Islamic finance
market.
● Consulted by the
Ontario Attorney
General’s office on changes to Hate Crimes laws, faith-based
arbitration (Family
Statute Law Amendment Act, 2005)
and the Human Rights Code Amendment Act,
2006.
●
Have written and spoken extensively on anti-terror laws, national
security,
civil rights, human rights, intelligence/law enforcement accountability
and
oversight as well as state/community relations and interaction.
Doctor of
Philosophy (Ph.D.) (candidate), 2006 – , Osgoode Hall Law School, York
University. Dissertation: Between
Normalcy and Exception: A Comparative and Critical Analysis of
Emergencies in
Western and Non-Western Legal Systems. Supervisor: Trevor C. W.
Farrow (Assistant Professor, Osgoode Hall
Law
School, York University). Committee
Members: Craig M. Scott (Professor, Osgoode Hall Law School, York
University;
Director of the Jack and Mae Nathanson Centre on Transnational Human
Rights,
Crime and Security); Obiora Chinedu Okafor (Assistant Professor,
Osgoode Hall
Law School, York University).
Master of Laws
(LL.M.), 2006,
Osgoode Hall Law School, York University. Specialization:
Civil Litigation and
Alternative Dispute Resolution: Major Research Project: The Shari’a
Factor
in International Commercial Arbitration (published in (2006), 28 Loy.
L.A. Int. & Comp. L. Rev.). Supervisor:
Charles Gastle (Adjunct Professor,
Osgoode Hall Law
School, York University; Visiting Professor at Aix
Marseille University in France;
Director of the LL.M. program in international trade and competition
law at
Osgoode Hall Law School; Associate, Estey Centre for Law and Economics
in
International Trade).
Bar
Admissions Courses,
1995, Law Society of Upper Canada, Toronto,
Ontario.
Bachelor of Laws (LL.B., cum laude), 1994, Faculty of Law, University of Ottawa. Major Research Project: A Comparative Analysis of Human Rights in International Law and Islamic Law. Supervisor: Donald McRae (Professor, Faculty of Law, University of Ottawa; Member, International Law Commission; Hyman Soloway Chair in Business and Trade Law; former Dean of the Faculty of Law).
Bachelor of Laws (B.A., Incomplete), 1988 - , York University, Economics, Faculty of Arts. Admitted to law school prior to completion of degree.
Senior Partner, 2002 -, Kutty, Syed &
Mohamed, Barristers and Solicitors, Toronto,
Ontario. Practice areas cover a broad range including
constitutional, national security, non-profit/charity law,
corporate/commercial,
civil litigation, family, wills/estates, human rights and alternative
dispute
resolution. Act for individuals and
institutions caught up in national security investigations as well,
including
preparing submissions and appearing at hearings. Legal
counsel to a number of leading Islamic finance companies in
Canada in structuring transactions and financial products and services
in
accordance with Ontario corporate and securities laws as well as
Islamic law (Shari’a).
Consultant, 2006 -, Little Mosque
on the Prairie, Canadian Broadcasting Corporation
(CBC). Script consultant on Islamic
law, culture and practice for one of the highest rated sitcoms in
Canada.
Principal Lawyer, 1996 -, Kutty & Associates,
Barristers and Solicitors, Toronto,
Ontario. General practice including
criminal, family, business, human rights and litigation.
Articling, 1994-1995, Goodman
& Carr, Barristers and Solicitors, Toronto, Ontario.
Researcher, 1993-1994, University of Ottawa/Certified General Accountants Tax Law Centre, Ottawa, Ontario.
2006-
Instructor
Skills and Professional Responsibility
Law
Society of Upper Canada, Toronto, Ontario
Feb.
20, 2007
Guest
“National Security and
Discretion in the Justice System”
Lecturer University
of Windsor Law School, Windsor
May
20 , 2007 Guest
“Islamic Law: Sources and Methodology”
Lecturer Osgoode
Hall Law School, Toronto, Ontario
Feb.
14, 2006
Guest
“National Security and
Discretion in the Justice System”
Lecturer University
of Windsor Law School, Windsor, Ontario
May
20 , 2007 Guest
“Islamic Law: Sources and Methodology”
2001-06
Instructor
Corporate/Commercial
Law, Bar Admissions Program
Law
Society of Upper Canada, Toronto,
Ontario
1997-98
Instructor
Legal Research and Writing, Osgoode Hall Law School
Toronto,
Ontario
1996-97
Instructor
Law Diploma Course, Richmond School of Commerce
Toronto,
Ontario
2007-
Member
Ontario Premier’s Muslim Advisory Council
Toronto, Ontario
2001-
Board Member
Canadian Council on American-Islamic Relations
Vice Chair & Counsel
Ottawa, Ontario
1994-
Board Member
Canadian Muslim Civil Liberties Association
& Counsel
Toronto, Ontario
1998-
Board Member
Social Services
Association of North
America
Winnipeg, Manitoba
1996
–05 Board
Member Human
Concern International
Ottawa, Ontario
1996-99 Board
Member Bosnian-Canadian
Relief
Association
Toronto, Ontario
1996-97 Legal
Advisor
Ontario
Government Small Business Center
Toronto, Ontario
1993-94 Book
Reviews
Ottawa Law
Review
& Articles Editor
Ottawa, Ontario
Member,
Canadian Council on International Law, 2003 -
Member,
Canadian Association of Journalists, 2002 -
2007
Maher
Arar and Monia Mazig Award in Civil and Human Rights,
Canadian Muslim Network
2004
Professional
Excellence Award,
American Federation of
Muslims from India (AFMI)
2003
Community
Service Award,
Toronto Community Resources
Consultants (TCRC)
1990
Dean’s
Honour Roll,
York University, Toronto,
Ontario
1988
Merit
Award,
York University, Toronto,
Ontario
1988
Ontario
Scholar Award,
Ontario Ministry of Education, Toronto,
Ontario
ACADEMIC
Working Paper: “Canada’s Passenger
Protect Program: Too Guilty to Fly, Too Innocent to Charge?” (January 31,
2007). Available at SSRN: http://ssrn.com/abstract=962797.
Written as a submission to Transport Canada, being reworked as a
chapter in a
book on racial profiling to be published by the University of British
Columbia
Press.
Published:
1) Review of “The Constitution of Law: Legality in a Time of Emergency,” by David Dyzenhaus, 2006, Cambridge University Press, Cambridge, forthcoming in the Windsor Review of Legal and Socials Issues.
2) “The Shari’a Factor in
International
Commercial Arbitration” (2006), 28 Loy. L.A. Int.
& Comp. L. Rev.
565.
3) Review of “Farce Majeure: The
Clinton
Administration’s Sudan Policy 1993-2000,” by David Hoile, (2001) American
Journal of Islamic Social Sciences, Volume 19, Number 2.
4) Review of “American Islam: Growing up
Muslim
in America,” by Richard Wormser, 1994,
Walker & Company, New York, (1997) Musl. World Bk. Rev.,
Vol.
17, No. 3, 39.
5) “Indian Muslims: Rebuilding a
Community,”
(1997) Journal Institute of Muslim Minority Affairs, Vol. 17,
No. 1,
107.
6) Review of “The Politics of Islamic
Resurgence:
Through Western Eyes,” by Ahmad AbulJobain
and Ahmad
Bin Yousef, 1992, UASR. Inc., (1993) Islamic
Studies 222.
7) Review of “Human Rights in Crisis:
The
International System for Protecting Rights During States of
Emergency,” by Joan M. Fitzpatrick, 1994, University of
Pennsylvania
Press (1994) Ottawa L. R. 253.
NON-ACADEMIC
(A representative
sample selected from over 200 articles)
The publications in
which my
articles on a broad range of topics have appeared in include (figure in
bracket
signify the number of articles): The National Post (8),
Hamilton
Spectator (8), Toronto Star (6), Ottawa Citizen (4),
Montreal Gazette (3), London Free Press (2), Windsor
Star, The
Globe and Mail, Catholic New Times (5), Buffalo News, Al-Ahram (Egypt
- 2), Arab News (Saudi Arabia - 4), Indian Express (India
– 7),
CA Magazine, Law Times (2), Lawyers Weekly (7), and The
Catholic
Register.
1)
“No Fly
Lists Provide
a False Sense of Security,” The Toronto Star, May 15, 2007.
2)
“No-fly
lists are an
ineffective way to fight terrorism,” The Lawyers Weekly, April 2007.
3)
“Apologizing
to Maher
Arar: A Beginning, Not an End,” Jurist Legal News & Research,
February 2, 2007.
4)
“Arar
not the only one
seeking answers,” The Toronto Star, September 18, 2006.
5)
“Good
intentions not
good enough: proposed changes weaken the enforcement powers of the
Human Rights
Commission,” The Toronto Star, June 26, 2006.
6)
“Federal
Court of
Appeal to rule whether U.S. Deserters are Refugees,” The Lawyers
Weekly,
May 15, 2006.
7)
“Faith-based
arbitrations in Ontario: A lost opportunity,” The Lawyers Weekly,
March
20, 2006.
8)
“Free
Speech or Hate
Speech?” The Lawyers Weekly, February 22, 2006.
9)
“Boyd's
recommendations balance needs of religious communities with rights of
vulnerable,” Lawyers Weekly, January 21, 2005.
10)
“Sharia
Courts
in Canada: Myth and Reality,” Law Times, May 2004.
11)
“Globalizing
the
Harassment of Muslims – The Dirty Work of Canadian Intelligence,” Counterpunch,
May 2004.
12)
“Government’s
out to
lunch on legal aid system,” Hamilton Spectator, August 8, 2002.
13)
“UN’s
Human Rights
Document Has Not Lived up to its Name,” Hamilton Spectator,
December 13,
2000.
14)
“Too
Many Mouths to
Feed?” Al-Ahram (Egypt), October 20, 1999.
15)
“War
Criminals Belong
Behind Bars, Not at the Peace Table,” Catholic New Times, June
6, 1999.
16)
“City’s
human rights
task force lacks bite: Draft report off mark,” The National Post,
March
29, 1999.
17)
“When
Fear Becomes the
Aftermath of Free Speech, then the Right is Lost,” The National Post,
January 12, 1999.
18)
“Independent
Investigation Needed in Just Desserts Case: Race Card Played,” The
National
Post, Nov. 21, 1998.
19)
“Hollywood’s
View of
Arabs, Muslims,” The Toronto Star, September 21, 1998.
20)
“Sanctions
are Killing
the Children of Iraq,” The Toronto Star, May 19, 1998.
21)
“Islamic
Law Meets
Western Finance,” CA Magazine, September 1995.
22)
“Islamic
Finance and
Canadian Law,” Law Times, July 1995.
23)
“Employment
Equity Law
Crucial for Inclusiveness,” The Ottawa Citizen, June 15, 1995.
(Law Related
Since 2002)
1) “Through the Looking Glass: An
Examination of Racial Profiling in Canada”
Canadian Centre for Policy Alternatives,
Toronto, ON, October 16, 2007
2) “Canada’s No-Fly List a Legal
Critique”
Canadian Arab Federation Policy
Conference
City Hall, Toronto, ON, Jun. 16, 2007
3) “Multiculturalism and Canada”
Osgoode Hall Law School of York
University,
Toronto, ON, May 20, 2007
4) “After Arar: A Workshop Series on
Security
Intelligence and Human Rights – Community-State Relations
and Canadian Intelligence Activity”
Panel Discussion with Inspector Wayne Hanniman
(Royal
Canadian Mounted Police Community), May Farrales (B.C. Committee for
Human
Rights) and Chaired by Professor Craig Scott (Osgoode Hall), Osgoode Hall Law School, York University,
Toronto, ON, Feb. 21, 2007
5)
“National Security and Discretion in the Justice System”
Panel
with Chief Justice Allan Lutfy (Federal Court of Canada) and Jasminka
Kalajdzic
University
of Windsor Law School, Windsor, ON, Feb. 20, 2007
6)
“Law and Your Faith”
University
of Toronto Law School, Toronto, ON, Nov. 1, 2006
7) “Social Harmony:
Prosperity in a Competitive World”
Symposium: Investing in Canada: Its People; Its Government; Its Public
Service
- Panel Discussion with the Hon. Donald H. Oliver, Q.C. and Wendy
Grant-John
Association of Professional Executives of the Public Service of Canada
( www.apex.gc.ca
)
National Arts Center, Ottawa, ON, May 30-31, 2006
8)
“Shari’a: Sources and Methodology”
Guest
Lecture, Part Time LL.M. Program,
Osgoode Hall Law School, Toronto, ON, May 6, 2005
9) “The Prophet Mohammed
Cartoons - Political Provocation or Freedom of Speech? "
Osgoode Hall Law School, Toronto, ON, March 22, 2006
10) “An
Overview of Discretion and Its Implications
for Access to Justice”
Panel Discussion with Chief Justice Allan Lutfy (Federal Court of
Canada)
University of Windsor Law School, Windsor, ON, Feb. 14, 2006
11)
“Shari’a Law: Myths and Facts”
New
Democratic Party of Manitoba, Winnipeg,
Man., Jan. 21, 2005
12)
“National Security and the Canadian Mosaic”
University
of Regina, Regina, Sask., Nov. 28,
2005
13)
“The Policing
of Migration and Immigration: National
and International Perspectives”
The
Tenth International Metropolis Conference,
Toronto, ON, Oct. 19, 2005
14) “Perspectives on
the London Bombings”
Panel
Discussion with Prof. Margaret MacMillan
(UofT), Prof. Ebrahim Moosa (Duke Univ.) and Jonathan Kay (National
Post),
Noor Cultural Center, Toronto, ON, Aug. 5, 2005
15)
“The Viability of Shari’a-based Arbitration”
Canadian
Arab Federation 2005 Annual Conference, Toronto, ON, June 18, 2005
16)
“Legal Remedies
for Hate and Discrimination”
Conference
Against Hate and Racial Discrimination, St. Paul’s Univ., Ottawa, ON, May 7, 2005
17)
“Is there Room for Women’s Equality Rights
in Religious Arbitration?”
Canadian
Council of Muslim Women, Status of
Women Canada, Rights and Democracy, Canadian Women’s Foundation, and Change Canada Foundation, Toronto, ON,
April 9, 2005
18)
“National Security and Civil Liberties: Are they incompatible?"
Faculty
of Information Studies, University of
Toronto, Toronto, ON, April 5, 2005
19)
“Anti-Terror
Laws and Racial Profiling”
York
Federation of Students, York University,
Toronto, ON, March 16, 2005
20)
“Post 9/11
Policing and Racial Profiling”
Temple
Har Zion, Jafari Centre and The Mosaic Group, Toronto,
ON, Jan. 30, 2005
21)
“Keeping the Faith: Alternative Dispute Resolution in Ontario's Faith
Communities”
University
of Toronto Student Affairs Office
and the Faculty of Law Diversity Committee
St.
George Campus, Toronto, ON, Nov. 18, 2004
22)
“Minority
Rights in a Pluralistic Society”
North
American Federation of Muslims from
India, 14th Annual Conference Keynote Address
Toronto,
ON, Sept. 25, 2004
213)
“Islamic Law:
An Overview”
York
University, Toronto, ON, April 16, 2004
25)
“Navigating
Discrimination: Rights of Foreign Airline
Passengers in the U.S.”
Students
for Global Justice, University of
Toronto, Toronto, ON, March 18, 2004
26)
“Islamic Rules
of Inheritance and Ontario Law”
Queen’s University, Kingston,
ON, Jan. 2004
27)
“The Changing
World: The War on Terrorism and Civil
Liberties”
Keynote
Address, Annual Meeting, Community
Resources Consultants of Toronto (CRCT)
College
Street United Church, Toronto, ON,
Sept. 30, 2003
28)
“The War on
Terror: A Legislative Overview”
ICCO
Community Centre of Ontario, Toronto, ON,
July 19, 2003
29)
“Canadian
Family Law: a Primer”
Seminar
on Family Issues, Oakville, ON, April
17, 2003
30)
“Legal Issues
in Social Work”
Conference
on Family and Social Services,
Oakville, ON, March 2, 2003
31)
“War and the
Erosion of Rights”
Symposium
on the Long Term Implications of War
in Iraq, Canadian
Friends of Sabeel, Canadian Ecumenical Justice Initiatives (KAIROS),
and the
Near East Cultural and Educational Foundation (NECEF), University of
Toronto,
Toronto, ON, Feb. 20, 2003
32)
“The Canadian
Jihad: Canadian Muslims Post 9/11”
Ontario
Institute for Studies in Education,
University of Toronto, Toronto, ON, Jan. 31, 2003
33)
“The Changing
World: The War on Terrorism and Canadian
Muslims”
Students’ Union, University of
Windsor, Windsor, ON, July 2002
34)
“From Civil Liberties to Foreign Policy – Impact on Canadian Muslims”
Islamic
Society of North America 28th
Annual Convention, Toronto, ON, May 17, 2002
35)
“Defending
Civil Liberties After 9/11”
Other
panellists included Prof. Ed Morgan and
Prof. Sharry Aiken
University of
Toronto Law School, Toronto, ON, Oct. 15, 2002
36)
“Hate Crimes:
Legislation and Legal Remedies”
Conference
on Hate Crimes, Centre for
Research-Action on Race Relations (CRARR)
Montreal, PQ,
March 21, 2002 to March 22, 2002
1)
Professor Donald McRae
Professor
of Law and Hyman Soloway
Chair
in Business and Trade Law
Faculty
of Common Law
University
of Ottawa
57
Louis Pasteur St., #340
Ottawa,
Ontario, K1N 6N5
Tel:
(613) 562-5800 x3304
Fax:
(613) 562-5124
Email:
Donald.McRae@uottawa.ca
2)
Professor Charles Gastle
Adjunct
Professor
and Director
LL.M.
Program in International Trade
and
Competition Law
Osgoode
Hall Law
School
York
University,
4700 Keele Street
Toronto,
Ontario,
M3J 1P3
Tel:
(416) 361-3319 ext 222
Fax: (416) 361-1530
3) Professor Trevor
C. W.
Farrow
Assistant Professor
Osgoode Hall Law
School
York University, 4700 Keele Street
Toronto,
Ontario,
M3J 1P3
Tel:
(416) 736-5420
Fax: (416) 736-5736
4) Professor Obiora
Chinedu
Okafor
Associate Professor
Osgoode Hall Law
School
York University, 4700 Keele Street
Toronto,
Ontario,
M3J 1P3
Tel:
(416) 736-5043
Fax: (416) 736-5736