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Jena McGill
Jena McGill
Associate Professor

LL.M. (Yale University)
M.A. International Affairs (Carleton University)
LL.B. (University of Ottawa)
B.A/Sc. (Hons.) (McMaster University)

Room
57 Louis Pasteur St., Room FTX 124
Phone
Office: 613-562-5800 ext. 7905
Office: 613-562-5124


Biography

Jena McGill is an Associate Professor at the Faculty of Law (Common Law Section), and a member of the Law Society of Ontario. 

Jena is a graduate of the joint J.D./M.A. program of the University of Ottawa Faculty of Law and the Norman Paterson School of International Affairs at Carleton University, and she served as a law clerk to Justice Louise Charron at the Supreme Court of Canada. Jena worked at the United Nations International Law Commission in Geneva, Switzerland, and completed her graduate studies in law (LL.M.) at Yale Law School, where she focused on human rights and equality issues related to gender, sexuality and the law.

Jena researches in the areas of Canadian constitutional law (with a focus on equality law); gender and sexuality; women, peace and security in international law; feminist legal theory; and legal technology as a vehicle to promote access to justice. Her work on section 15 of the Canadian Charter of Rights and Freedoms has been cited by the Supreme Court of Canada. In 2014 Jena was a Visiting Scholar at the Kent Centre for Law, Gender and Sexuality at Kent Law School in Canterbury, UK. In 2016, Jena was the Principal Investigator on a SSHRC-funded project exploring the risks and opportunities of using mobile and web-based apps to enhance access to justice, with co-investigators Professors Suzanne Bouclin and Amy Salyzyn. The final project report, entitled Emerging Technological Solutions to Access to Justice Problems: Opportunities and Risks of Mobile and Web-based Apps can be found . In 2017-2019, the same research team, along with Professor Teresa Scassa and with funding support from the Office of the Privacy Commissioner of Canada, developed , 

Jena teaches or has taught Tort Law, Constitutional Law and Introduction to Feminist Legal Thought in the first year program, as well as upper year seminars on Gender, Sexuality and the Law and Advanced Equality Rights. 

Select Publications

  • 鈥淒eveloping Privacy Best Practices for Direct-to-Public Tech Tools: Observations and Lessons Learned鈥 (2020) Canadian Journal of Law and Technology (in press) (with Teresa Scassa, Amy Salyzyn & Suzanne Bouclin).
  • 鈥淩e-Consideration of R v Kapp, 2008 SCC 41鈥 (2018) 30:2 Canadian Journal of Women and the Law 221-227.
  • 鈥淥f Promise and Peril: The Court and Equality Rights鈥 in M. Harrington (ed), The Court and the Constitution: A 150-year Retrospective (LexisNexis, 2017) 235-257 (with Daphne Gilbert).
  • 鈥淢obile and Web-Based Legal Apps: Opportunity, Risks and Information Gaps鈥 (2017) 15:2 Canadian Journal of Law and Technology 229-263 (with Suzanne Bouclin & Amy Salyzyn). 
  • 鈥淎meliorative Programs and the Charter: Reflections on the Section 15(2) Landscape since R v Kapp鈥 (2017) 95 Canadian Bar Review 1-37.
  • 鈥淣ow it鈥檚 My Rights versus Yours: Equality in Tension with Religious Freedoms鈥 (2016) 53:3 Alberta Law Review 583-608.
  • 鈥淒evelopments in Constitutional Law: 2013 Term鈥 (2015) 68 Supreme Court Law Review 137-228
  • 鈥淨ueer Insights on Women in the Legal Profession鈥 (2014) 17:2 Legal Ethics 231-260 (with Amy Salyzyn).
  • 鈥淪OGI...So What? Sexual Orientation and Gender Identity in International Human Rights Discourse鈥 (2014) 3:1 Canadian Journal of Human Rights 1-38.
  • 鈥淪ection 15(2), Ameliorative Programs and Proportionality Review鈥 (2013) 61 Supreme Court Law Review 521-556.
  • 鈥淟ocating the Trans Legal Subject in Canadian Law: XY v Ontario鈥 (2013) 33 Windsor Review of Legal and Social Issues 96-140 (with Kyle Kirkup).
  • 鈥淩eduction to Absurdity: Reasonable Expectations of Privacy and the Need for Digital Enlightenment鈥 in J. Bus, M. Crompton, M. Hildebrandt & G. Metakides (eds), Digital Enlightenment Yearbook 2012 (IOS Press, 2012) 199-217 (with Ian Kerr).