Mark Carter

Professor
Room Number: 250 Law
Phone: 306-966-5895
Fax: 306-966-5900
E-mail: mark.carter@usask.ca


Professional Education:

LLM (Saskatchewan)(1992)
LLB (Saskatchewan) (1988)
BA (Hons.) (Saskatchewan)

 

Profile:

Professor Carter joined the faculty in 2001 after eight years on faculty at Simon Fraser University's School of Criminology. He teaches and has published work in areas of constitutional law, legal theory, human rights, and criminal law. Professor Carter is a member of the Manitoba and Saskatchewan Bars.  

Publications and Research:

“Federalism Analysis and the Charter,” (2011) 74 Saskatchewan Law Review 5.

“Ambiguous Constitutional Standards and the Right to Vote” , (2011) 5 Journal of Parliamentary and Political Law 309.

“The Children’s Trilogy: The Principles of Fundamental Justice and the Best Interests of the Child”  in Children and the Law: Essays in Honour of Professor Nicholas Bala (Toronto: Irwin, 2011)

“R. v. Khawaja, the Definition of ‘Terrorist Activity’ and the Irrelevance of Motive Doctrine: Constitutional Dimensions of a Common Law Principle,” (2009) 42 U.B.C. L. Rev. 197.

“The Rule of Law, Legal Rights in the Charter, and the Supreme Court's New Positivism” (2008), 33 Queen’s Law Journal 453-486.

“’Debunking’ Parents’ Rights in the Canadian Constitutional Context” (2007), 86 Canadian Bar Review 479-514.

“Recognizing Original (Non-Delegated) Provincial Jurisdiction to Prosecute Criminal Offences” (2007), 38 Ottawa Law Review 163-189.

“’Blackstoned’ Again: Common Law Liberties, the Canadian Constitution, and Principles of Fundamental Justice”: (2007), 13 Texas Wesleyan Law Review 343-376.

“An Analysis of the ‘No Hierarchy of Constitutional Rights Doctrine” (2006), 12 Review of Constitutional Studies 19-51.

“Analysis of Canadian Foundation for Children, Youth and the Law versus Canada (Attorney General)” (2005), 12 International Journal of Victimology. 189-211.

“Retributive Sentencing and the Charter: The Implications of Sauvé v. Chief Electoral Officer” (2005), 10 Canadian Criminal Law Review 43-67.

“Corporal Punishment and Prosecutorial Discretion in Canada” (2004), 12 International Journal of Children’s Right 41-70

“Fundamental Justice in Section 7 of the Charter: A Human Rights Interpretation” (2003), 52 University of New Brunswick Law Journal 243-260.

“Of Fairness and Faulkner” (2002), 65 Saskatchewan Law Review 63-74.

“Addressing Discrimination Through the Sentencing Process: Criminal Code s. 718.2(a)(i) in Historical and Theoretical Context” (2000), 44 Criminal Law Quarterly 399-436.

“The Corrective Force Defence (section 43) and Sexual Assault” (2000), 6 Canadian Criminal Law Review 35-70.

“Reconsidering the Charter and Electoral Boundaries” (1999), 22 Dalhousie Law Journal 53-92.

“Non-Statutory Criminal Law and the Charter: The Application of the Swain Approach in Daviault v. The Queen" (1996), 59 Saskatchewan Law Review 241.