Cara Locke*

Cara Locke (*née Mouland)
SJD Candidate
Thesis title:
Remedial Justice: The Legitimacy of Remedies for Unconstitutional Laws
Office in Falconer Hall
84 Queen's Park
Toronto, M5S 2C5
Email: cara.locke@mail.utoronto.ca

Cara is interested in how judges act like legislators, and how legislators act like judges.

Her doctoral project focuses on remedies for unconstitutional criminal legislation. Cara's previous work has been cited by the Supreme Court of Canada in support of a disciplined approach to suspended declarations of invalidity.

Outside of academia, Cara has front-line experience as a lawyer in both courtrooms and legislative chambers. This concrete grounding continues to shape her work on the proper boundaries between judges and legislators.

Education
LLM - Long Thesis
JD (Distinction)
BA (Hons) - Psychology and English
Awards and Distinctions
C. David Naylor Fellow
Joseph-Armand Bombardier Canada Scholar
Nathan Strauss Q.C. Graduate Fellow in Canadian Constitutional Law
Raoul Wallenberg Scholar
Doctoral Fellow, University of Toronto Faculty of Law
LLM Fellow, University of Toronto Faculty of Law
Professional Affiliations
Law Society of Ontario
Nova Scotia Barristers' Society
Canadian Bar Association
Selected Publications

“Remedying the Remedy: Bedford’s Suspended Declaration of Invalidity” (2018) 41:3 Man LJ 281. (Cited in G v Ontario, 2020 SCC 38)

"Debating the Rule of Law: The Curious Re-Enactment of the Solicitation Offence" (2021) 58:3 Alta L Rev 687.

 *née Mouland

Research Interests
Administrative Law
Canadian Constitutional Law
Charter of Rights
Comparative Law
Criminal Law 
Criminal Procedure and Evidence
Critical Legal Theory
Election Law
Judicial Decision-Making
Legal Ethics
Legal Process
Legal Theory
National Security Law and Anti-Terrorism Law
Political Philosophy and Theory
Supervisor
Kent Roach
Committee Members
Yasmin Dawood
Richard Stacey
External links
SSRN

The Limits and Legitimacy of Referenda

Tuesday, October 10, 2017

Story and Photos By Katelin Everson, JD/MBA student and research assistant to Prof. Richard Stacey

Conference: The Limits and Legitimacy of Referenda

Writing shortly after the Brexit vote, Kenneth Rogoff decried the use of referenda in modern constitutional democracy: “This isn’t democracy; it is Russian roulette for republics.” Beyond Brexit, many recent majoritarian decisions have concerned matters of real constitutional importance, in Colombia, Hungary, Italy, Crimea, Turkey and Thailand, for example. Referenda are sometimes exalted as the closest we can come to the exercise of popular sovereignty, but few of the world’s most influential constitutions have been ratified by a referendum.

Prof. Yasmin Dawood appears on CBC TV's "Power and Politics" to discuss what could happen after the election

Wednesday, October 14, 2015

Prof. Yasmin Dawood appeared as a guest on CBC TV's "Power and Politics" to discuss what could happen after the Oct. 19 election if no party gains a majority ("Coalition conversation," Oct. 13, 2015).

Watch the 8-minute clip below.

Top 5 most viewed faculty op-eds of 2014

Thursday, December 18, 2014

Our faculty comment regularly in the media on current issues. The five faculty op-eds that were most viewed on our website over the past year addressed some of the most immediate and controversial topics of 2014, ranging from citizenship to prostitution, terrorism, high-frequency trading and elections.

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