Dwight Newman

Canada Research Chair in Indigenous Rights in Constitutional and International Law

Professor
Room Number: 221 Law
Phone: 966-4847
Fax: 966-5900
E-mail: dwight.newman@usask.ca


Professional Education:

D. Phil. (Oxford) 2005
M. Phil. (Oxford) 2003
BCL (Oxford) 2002
LLB (Saskatchewan) 1999
BA (Regina) 1996


Profile:

Dwight Newman joined the College of Law as Assistant Professor in 2005 and was promoted to Associate Professor in 2008 and Professor in 2010. He also served a term as Associate Dean from 2006 to 2009.  Prior to joining the faculty, he clerked for Chief Justice Lamer and Justice LeBel at the Supreme Court of Canada and worked for human rights organizations in South Africa and Hong Kong and for the Canadian Department of Justice. He completed his B.A. in Economics at Regina and his J.D. at Saskatchewan.  He completed his B.C.L., M.Phil., and D.Phil. degrees at Oxford University as a Rhodes Scholar and SSHRC Doctoral Fellow, where he also taught in the Jurisprudence and Public International Law courses.  He also studied at the Hague Academy of International Law in its intensive summer course on Private International Law. He has been an Honourary Senior Research Fellow at the University of the Witwatersrand School of Law in South Africa, a Visiting Scholar at the Wits Institute for Social and Economic Research (WISER), and a Visiting Scholar at the McGill Faculty of Law.

Dr. Newman is the author of Community and Collective Rights: A Theoretical Framework for Rights Held by Groups (Oxford: Hart Publishing, 2011), The Duty to Consult: New Relationships with Aboriginal Peoples (Saskatoon: Purich, 2009), and of the Charter of Rights volume of the Halsburys Laws of Canada published by Lexis-Nexis. He is also co-author of Understanding Property (Toronto: Carswell, 2008) and of the Law of the Canadian Constitution (Toronto: LexisNexis, 2013). His most recent book is Natural Resource Jurisdiction in Canada (Toronto: LexisNexis, 2013). He has also authored around fifty articles or book chapters.  He has had SSHRC grant funding continuously since 2007 on different projects on Indigenous rights. His writing has been cited by all levels of Canadian courts, including the Supreme Court of Canada.

Dr. Newman has done selective consulting on projects related to his areas of academic work in constitutional law and in relation to certain natural resource issues, and he has spoken widely to academic, practitioner, and policy audiences on five continents.  His teaching at the College of Law regularly includes constitutional law and seminars related to his research programme and has also included conflict of laws, contracts, advanced legal reasoning, international criminal law, and theorizing aboriginal rights.

In 2013, Dr. Newman was awarded the Canada Research Chair (CRC) in Indigenous Rights in Constitutional and International Law.  The award of $100,000 per year over five years, combined with further funding of $200,000 from the Government of Saskatchewan, will allow Dr. Newman to further his research intofinding appropriate balances between Indigenous rights and responsible resource development in Canada and internationally.

Publications and Research Work:

Books

Revisiting the Duty to Consult Aboriginal Peoples (Saskatoon: Purich, 2014).

Community and Collective Rights: A Theoretical Framework for Rights Held by Groups (Oxford: Hart Publishing, 2011). 

Charter of Rights volume of Halsbury’s Laws of Canada (Toronto: LexisNexis, 2010).

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

Understanding Property: A Guide to Canada’s Property Law, 2nd edn. (Toronto: Carswell, 2008) (co-authored with Marjorie L. Benson & Marie-Ann Bowden).

 

Book Chapters

“Letting the Elephants Watch the Mice: The Surrender of Canadian Anti-Bribery Legislation to American Jurisdiction”, in Chi Charmody & Valerie Oosterveld, eds., Is Our House in Order? Canada's Implementation of International Law (Kingston/Montreal: McGill-Queen’s University Press, 2010).   

“Africa and the United Nations Declaration on the Rights of Indigenous Peoples”, in Solomon Dersso, ed., Perspectives on Minority and Indigenous Peoples’ Rights in Africa (Pretoria: Pretoria University Law Press, 2010).

“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.

“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.

“Reconciliation: Legal Conception(s) and Faces of Justice”, in John Whyte, ed., Moving Toward Justice: Legal Traditions and Aboriginal Justice (Saskatoon: Purich, 2008) 80-87.

“The Law and Politics of Indigenous Rights in the Postcolonial African State”, 2008 American Society of International Law Annual Meeting Proceedings.

“Recent Interactions Between Aboriginal Rights and Section 15 of the Charter”, in Saskatchewan Legal Education Society Inc. (SKLESI), Civil Law Charter Update (March 2007), 1-7.

“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) 527-540.

“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.

“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.

 

Journal Articles

“Value Collectivism, Collective Rights, and Self-Threatening Theory” (2013) 33(1) Oxford Journal of Legal Studies (forthcoming)

“The Bilateral Amending Formula as Mechanism for the Entrenchment of Property Rights” (2012) 21 Constitutional Forum (forthcoming)

“Comparativist-Structural Approaches to Interpretation of the Post-Obamacare Spending Power”  (2012) 21(1) Cardozo Journal of International and Comparative Law (co-authored with research assistant Michelle Biddulph)

“Canada’s Re-Emerging Division of Powers and the Unrealized Force of Reciprocal Interjurisdictional Immunity” (2011), 20 Constitutional Forum 1-7.

“The Judgments of the Saskatchewan Court of Appeal, 2010” (2010) 74 Saskatchewan Law Review 183-211.

“Changing Division of Powers Doctrine and the Emergent Principle of Subsidiarity” (2011) 74 Saskatchewan Law Review 21-32.

“Self-Defeating and Self-Transforming Aspects of Proportionality Analysis: Review Essay on Contested Constitutionalism” (2010) 15 Review of Constitutional Studies 177-86.

“A Legal-Historical Consideration of Links Between Canadian and South African Racial Policy” (2010) 36 Commonwealth Law Bulletin 691-706 [co-authored with Simonne Horwitz, with each writing approximately half based on roles of respective disciplines in argument].

“The Judgments of the Saskatchewan Court of Appeal, 2009” (2010) 73 Saskatchewan Law Review 173-96.

“Institutional Roles and Chief Justice Lamer’s Aboriginal Rights Jurisprudence” (2009) 46 Supreme Court Law Review 77-92  

“The Judgments of the Saskatchewan Court of Appeal, 2008” (2009) Saskatchewan Law Review 165-98.

“Between Reconciliation and the Rule(s) of Law: Tsilhqot’in Nation v. British Columbia” (2008) 41 University of British Columbia Law Review 249-276.  [co-authored with Danielle Schweitzer]

“The Judgments of the Saskatchewan Court of Appeal” (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.

“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 [reprinted in Graeme Mitchell collection, above].

“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.

“Exit, Voice, and ‘Exile’: Rights to Exit and Rights to Eject” (2007) 57 University of Toronto Law Journal 43-79.

“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) [published in 2005 despite date] 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.