Dwight Newman
Associate Professor
University of Saskatchewan College of Law
15 Campus Drive       Saskatoon SK
S7N 5A6                     CANADA
+1 306 966 4847 (tel)   (TEMPORARILY 514-504-8656 until December 2009 while Visiting Scholar at McGill)
+1 306 966 5900 (fax)
dwight.newman@usask.ca



RECENT RESEARCH

My most recent book is on the duty to consult.  For more on the duty to consult, go to my Duty to Consult Resource Page.

Or to go to the publisher's website to order the book, click on the book or the citation below:



Dwight G. Newman, The Duty to Consult: New Relationships with Aboriginal Peoples (Saskatoon: Purich, 2009).


SHORT BIO

Dwight Newman
B.A. (Regina) 1996, LL.B. (Saskatchewan) 1999, B.C.L. (Oxford) 2002, M.Phil. (Oxford) 2003, D.Phil. (Oxford) 2005.

Dwight Newman is Associate Professor at the University of Saskatchewan College of Law and Honourary Senior Research Fellow at the University of the Witwatersrand School of Law.  He served a three-year term as Associate Dean of the University of Saskatchewan College of Law from 2006 to 2009, and from August to December 2009 he is a Visiting Scholar at the McGill Faculty of Law.

He completed his doctoral work in 2005 at Oxford University, writing a thesis on Community and Collective Rights.  During his doctoral work, he was a Rhodes Scholar and, later, a SSHRC Doctoral Fellowship holder (and recipient of the 2004 William E. Taylor Fellowship as Canada's top SSHRC Doctoral Fellowship student).  While at Oxford, he also taught in the undergraduate jurisprudence and public international law courses and co-convened the Oxford Jurisprudence Discussion Group.  He received the 2002 Herbert Hart Prize as the top student in Oxford's graduate jurisprudence course as well as numerous other academic prizes during his studies. 

He served as a law clerk to Chief Justice Antonio Lamer and Justice Louis LeBel at the Supreme Court of Canada in 1999-2000, and he has worked for human rights organizations in Hong Kong, China and Cape Town, South Africa.  He is a member of the Ontario bar.

Professor Newman teaches and researches primarily in areas of constitutional law, international law, Aboriginal law, and legal/political theory.  He currently holds a SSHRC Standard Research Grant to carry out a research program on "Theorizing Aboriginal Rights".


LL.B. COURSES TAUGHT AT UNIVERSITY OF SASKATCHEWAN
Constitutional Law 231.3 Division of Powers
Special Topics 498.3/898.3 Theorizing Aboriginal Rights
Conflict of Laws (Private International Law) 456.3
Special Topics 498.3  International Criminal Law
Constitutional Law 233.3 Charter of Rights


PUBLICATIONS

BOOKS

Charter of Rights volume in new Halsbury's Laws of Canada (Toronto: Lexis-Nexis, forthcoming 2010 - under contract).

The Duty to Consult: New Relationships with Aboriginal Peoples (Saskatoon: Purich, 2009).

Co-author of Understanding Property: A Guide to Canada's Property Law, 2nd edn. (Toronto: Carswell, 2008) (co-authored with Marjorie Bension & Marie-Ann Bowden)


CHAPTERS AND ARTICLES

• "Institutional Roles and Chief Justice Lamer's Aboriginal Rights Jurisprudence", in Adam Dodek & Daniel Jutras, eds., The Sacred Fire:  The Legacy of Chief Justice Antonio Lamer / Le feu sacré: l'héritage d'Antonio Lamer, juge en chef du Canada (Toronto: LexisNexis, 2009).
• "Africa and the United Nations Declaration on the Rights of Indigenous Peoples", in Solomon Dersso & Frans Viljoen, eds., Perspectives on Minority and Indigenous Peoples' Rights in Africa (Pretoria: Pretoria University Law Press, forthcoming 2009/10).
• "Letting the Elephants Watch the Mice: The Surrender of Canadian Anti-Bribery Legislation to American Jurisdiction", in Chi Charmody & Valerie Oosterveld, eds.,(Kingston/Montreal: McGill-Queen's University Press, forthcoming).
•  "Collective Interests and Collective Rights", in Peter Jones, ed., Group Rights (London: Ashgate International Library of Essays on Rights, 2009)  [reprinting this previous article of mine as one of the fifteen most significant international publications on group rights].
•  "Transnational Constitutionalism, Internationalism, and an Authority-Based Connection Between International and Constitutional Law" in Penelope E. Andrews & Susan Bazilli, eds., Law and Rights: Global Perspectives on Constitutionalism and Governance (Lake Mary, Florida: Vandeplas Publishing, 2008), 1-11.
• "Institutional Roles and Chief Justice Lamer's Aboriginal Rights Jurisprudence" (2009) Supreme Court Law Review (forthcoming - in press).
• "The Judgments of the Saskatchewan Court of Appeal, 2008" (2009) Saskatchewan Law Review (forthcoming - in press)
• Dwight Newman & Danielle Schweitzer, "Between Reconciliation and the Rule(s) of Law: Tsilhqot'in Nation v. British Columbia" (2008) 41 University of British Columbia Law Review 249-276.
• "Reconciliation: Legal Conception(s) and Faces of Justice", in John Whyte, ed., Moving Toward Justice: Legal Traditions and Aboriginal Justice (Saskatoon: Purich, 2008).
• "The Judgments of the Saskatchewan Court of Appeal, 2007" (2008) 71 Saskatchewan Law Review 177-218.
• "?You Still Know Nothin' 'Bout Me:  Toward Cross-Cultural Theorizing of Aboriginal Rights" (2007) 52 McGill Law Journal 725-756.
• "Aboriginal 'Rights' as Powers: Section 35 and Federalism Theory", in Graeme Mitchell et al, eds., A Living Tree: The Legacy of 1982 in Canada's Political Evolution (Toronto: LexisNexis, 2007) 527-40.
• "Theorizing Collective Indigenous Rights" (2007) 31 American Indian Law Review 273-289.
• "Aboriginal 'Rights' as Powers: Section 35 and Federalism Theory?" (2007) 37 Supreme Court Law Review 163-176.
• "Prior Occupation and Schismatic Principles: Toward a Normative Theorization of Aboriginal Title" (2007) 44 Alberta Law Review 779-802.
• "The Judgments of the Saskatchewan Court of Appeal, 2006" (2007) 70 Saskatchewan Law Review 329.
• "Recent Work: Collective Rights" (2007) 48 Philosophical Books 221-32.
• "Putting Kymlicka in Perspective: Canadian Diversity and Collective Rights", in Stephen Tierney, ed., Accommodating Cultural Diversity: Contemporary Issues in Theory and Practice (London: Ashgate, 2007) 59-75.
• "Exit, Voice, and 'Exile': Rights to Exit and Rights to Eject" (2007) 57 University of Toronto Law Journal 43-79.
• "Sub-State Globalization: Free Trade and Sovereigntist Movements", in Colin Picker, Tomer Broude & Padideh Alai, eds., Trade as the Guarantor of Peace, Liberty and Security? Critical, Historical and Empirical Perspectives (Washington DC: American Society of International Law Press, 2006) 164-177.
• "The Judgments of the Saskatchewan Court of Appeal, 2005" (2006) 69 Saskatchewan Law Review 309-349.
• "Negotiated Rights Enforcement" (2006) 69 Saskatchewan Law Review 119-127.
• "A Study of the Judgments of the Saskatchewan Court of Appeal, 2004" (2006) 69 Saskatchewan Law Review 159-195.
• "Tsilhqot'in Nation v. British Columbia and Civil Justice: Analysing the Procedural Interaction of Evidentiary Principles and Aboriginal Oral History" (2005) 43 Alberta Law Review 433-449.
• "The Rome Statute, Some Reservations Concerning Amnesties, and a Distributive Problem" (2005) 20 American University International Law Review 293-357.
• "A Study of the Judgments of the Saskatchewan Court of Appeal, 2003" (2005) 68 Saskatchewan Law Review 79-112.
• "Collective Interests and Collective Rights" (2004) 49 American Journal of Jurisprudence 127-163.
• "The Judgments of the Saskatchewan Court of Appeal, 2002" (2004) 67 Saskatchewan Law Review 13-58.
• "Liberal Multiculturalism and Will Kymlicka's Uneasy Relation with Religious Pluralism" (2003) 64 Bijdragen International Journal of Philosophy & Theology 265-285.
• "Institutional Monitoring of Social and Economic Rights" (2003) 19 South African Journal on Human Rights 189-216.
• "The Judgments of the Saskatchewan Court of Appeal, 2001" (2003) 66 Saskatchewan Law Review 21-62.
• "The Judgments of the Saskatchewan Court of Appeal, 2000" (2002) 65 Saskatchewan Law Review 107-132.
• "A Human Security Council?  Applying a 'Human Security' Agenda to Security Council Reform" (2000) 31 Ottawa Law Review 213-241.
• "Existentialism and Law: Toward a Reinvigorated Law and Literature Analysis" (2000) 63 Saskatchewan Law Review 87-117.
• "Stripping Matters to Their Core: Intrusive Searches of the Person in Canadian Law" (1999) 4 Canadian Criminal Law Review 85-118.
• "The Limitation of Rights: A Comparative Evolution and Ideology of the Oakes and Sparrow Tests" (1999) 62 Saskatchewan Law Review 543-566.
• "Individual, Subnational, and International Identity: A Critique of Dworkin?s Conception of Community" (1999) 17 Windsor Yearbook of Access to Justice 86-101.
• "An Examination of Saskatchewan Law on the Sterilization of Persons with Mental Disabilities" (1999) 62 Saskatchewan Law Review 329-346.
• "Reconstituting Promises to Negotiate in Canadian Constitution-Making" (1998-99) 10 National Journal of Constitutional Law 1-40.