Glen Luther, KC

• LLM (Queen's, 1986)
• LLB (Saskatchewan, 1981)

Professor Luther joined the faculty of the College of Law, University of Saskatchewan in 2003, having previously held teaching positions at Osgoode Hall Law School, Victoria University in Wellington, New Zealand, and the University of Calgary. He has extensive practice experience as a criminal lawyer, having practiced in Lloydminster (his hometown) from 1981-1984 and Calgary, Alberta from 1989-2003. He has argued cases throughout Alberta and Saskatchewan at all levels of courts including the Supreme Court of Canada. Currently his practice is limited to consulting with other counsel and assisting them in the presentation of cases before the courts.

He is a member of the Law Society of Saskatchewan and has been very active in numerous professional associations. Over the years he has chaired or co-chaired many educational conferences for the Saskatchewan Trial Lawyers Association (STLA). He has also presented at judicial conferences through the National Judicial Institute (NJI) and the Canadian Association of Provincial Court Judges (CAPCJ). He was for many years a team leader in the Intensive Trial Advocacy Programme for practicing lawyers at the University of Calgary.

Professor Luther has published extensively in the criminal procedure area. His academic interests include Police Powers, the Charter of Rights and Freedoms, Criminal Law, Procedure and Sentencing, Evidence Law, and Mental Health Law. He is the co-author of Detention and Arrest, (with Professor Steve Coughlan of Dalhousie University), now in its second (2017) edition, published by Irwin Law.

He is an Associate Member of the Department of Psychiatry at the University of Saskatchewan and a member of the Criminal Code Saskatchewan Review Board. He is a close collaborator with Dr. Mansfield Mela, forensic psychiatrist, and they co-teach the Law and Psychiatry Seminars together to both law students and psychiatric residents. He is on the steering committee of the Mental Health Strategy Court in Saskatoon and a member of the evaluation team, through the Centre for Forensic Behavioural Science and Justice Studies, for the Mental Health Strategy. Professor Luther is on the advisory board of the Centre for Indigenous Rights and Law, AUT University, Auckland, New Zealand. He has received several awards for teaching excellence and in 2009 was appointed Queen’s Counsel. He is an advisor to Saskatoon’s CLASSIC, Inc. legal assistance clinic and is of Ojibway heritage.

Book

Steve Coughlan and Glen Luther, Arrest and Detention, 2 ed. (Toronto: Irwin Law 2017).

Reports

K Barron, C More, G Luther and JS Wormith, Process Evaluation of the Saskatoon Mental Health Strategy (MHS) Prepared for: The Steering Committee of the Saskatoon Mental Health Strategy (2015: Centre for Forensic Behavioural Science and Justice Studies). 

Kent-Wilkinson, A., & Sanders, S. L., Mela, M., Peternelj-Taylor, C., Adelugba, O, Luther, G., Woods, P., Olver, M., & Wormith, J. S. (2012). Needs assessment and of forensic mental health services and programs for offenders in Saskatchewan. Final Report, Conducted by Forensic Interdisciplinary Research: Saskatchewan Team (FIRST). Centre for Forensic Behavioural Sciences and Justice Studies, Saskatoon, SK: University of Saskatchewan. Executive Summary at:

Academic Articles

“Mental Health, Treatment and the Criminal Justice Process” in Law and Mind: Mental Law and Policy in Canada, J. Chandler and C. Flood (eds) (2016: Lexis Nexis).

“Forty-five years of civil litigation against Canadian psychiatrists: An empirical pilot study” Mansfield Mela, Glen Luther, Tom G. Gutheil, (2016), 61(2) Canadian Journal of Psychiatry, 112.

"Law and Psychiatry Seminar: An Interprofessional Model for Forensic Pyschiatric Training," (2013) 37(6) Academic Psychiatry 421 with Mansfield Mela.

"Law and Psychiatry Seminar: An Advanced Intervention in Interprofessional Education for Attitudinal Improvement" (2013) Journal of Research in Interprofessional Practice and Education (in press) with Krista Trinder, Mansfield Mela and Marcel D’eon.

“Fetal Alcohol Spectrum Disorder: Can Diminished Responsibility Diminish Criminal Behaviour?”, International Journal of Law and Psychiatry 36 (2013) 46–54 with Mansfield Mela

"Literature Review on Therapeutic Justice and Problem Solving Courts", (2013) Centre of Forensic Behavioural Science and Justice Studies, with Mansfield Mela with Victoria J Bae

“Certification of Psychiatric Inpatients Under the Saskatchewan Mental Health Services Act at a Secure Forensic Psychiatric Centre in Canada, 1996-2007”  (2012) 75 Sask. L. Rev. 167, with Olajide O. Adelugba, Mansfield Mela & Inam U. Haq.

“Is the Curative Proviso Applicable to Evidence Excluded under Section 24(2) of the Charter?” (2011), 84 C.R. (6th) 221 with John Chak..

“Extra-Legal Police Powers in Canada: The Rule of Law and the Enigma of Retroactive Decision Making” in: K. Gorkoff and R. Jochelson, Theorizing Justice: Interdisciplining the Divide – A Reader (Winnipeg: Fernwood Press, 2011).

“Limiting Instructions and Similar Facts” (2009) 63 C.R. (6th) 12, with Professor Michael Plaxton.

“Consent Search and Reasonable Expectation of Privacy: Twin Barriers to the Reasonable Protection of Privacy in Canada” (2008) 41 U.B.C. Law Review 1.

"The Top Ten Issues in Law and Psychiatry" (2006) 69 Saskatchewan Law Review 401 - 440 with Mansfield Mela

“Of Excision, Amplification and Standing: Making Sense of the Law of Evidence in the Context of Challenges to Warranted Searches” (2006) 11 Canadian Criminal Law Review 1 - 26.

“Of Standing and Factual Foundations: Understanding How an Accused Challenges the Constitutionality of Criminal Legislation” (2006) 51 Criminal Law Quarterly 360 - 388.

“The Frayed and Tarnished Silver Thread: Stinchcombe and the Role of Crown Counsel in Alberta" (2002) 40 Alberta Law Review 567-592.

“Random Stopping: A Right to Discriminate?” (1989) 19 Victoria University of Law Review 1-13

“Police Power and the Charter of Rights and Freedoms: Creation or Control?” (1986-87) 51 Saskatchewan Law Review 217-227

“The Search and Seizure of Motor Vehicles: Learning From an American Mistake” (1987) 12 Queen’s Law Journal 239-276.