Executive Director & General Counsel @CLF_Canada. Alumnus @westernuLaw & @UofTLaw. Centre Associate @ubc_ccl. Proud Canuck/Quasi-Aussie.

Joined January 2013
22 Photos and videos
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So excited to see this collection published! @briandnbird and I would also like to thank everyone who participated in last year's Symposium where these papers were presented - the questions and feedback truly enriched the discussion and resulting articles.
Delighted to see this stellar set of essays on section 1 of the Charter come to life! As editors, @derekbmross and I were honoured to work with a wonderful group of authors. This project stems from a @CLF_Canada conference held at @AllardLaw in 2022, supported by @SSHRC_CRSH.
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50 years ago today, Canada entered into a covenant with the nations of the world to uphold fundamental human rights. We still have a lot of work to do - which is why we’ve launched the “Realizing Rights” project. Check out our video to learn more: m.youtube.com/watch?v=rXQN4P…

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Derek Ross retweeted
Enjoyed speaking this morning at @CLF_Canada 2026 CLI program on my past and future work on the freedoms of conscience, thought, belief, and opinion
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Derek Ross retweeted
Can't wait to discuss the Notwithstanding Clause with a great panel of scholars this Monday. Kudos to all the student groups who organized what is certain to be an enlightening and stimulating discussion, which, to say the least, is timely (& indeed, pressing!) See you all then!
🚨 EVENT ANNOUNCEMENT – TESTING THE NOTWITHSTANDING CLAUSE? THE CONSTITUTIONAL BATTLE OVER QUÉBEC’S BILL 21 🚨 Please join the Runnymede Society’s Western University Chapter, in partnership with the Christian Legal Fellowship @CLF_Canada (CLF), the Jewish Law Students Association, the Muslim Law Students' Association, and the Sikh Students Association, for an expert panel discussion on the constitutional challenges surrounding Québec’s Act Respecting the Laicity of the State (Bill 21) on Monday, March 9th! As litigation over religious symbols in the public sector continues, this panel will move beyond political headlines to examine the constitutional mechanisms at the centre of Bill 21. Speakers will explore the scope and limits of the notwithstanding clause (section 33), the argument that gender equality (section 28) cannot be overridden, and the federalism questions raised by the division of powers implicated by the legislation. The panel features Prof. Ryan Alford @ryan_p_alford (Lakehead) on the use and implications of section 33, Prof. Kerri Froc @KerriFroc (UNB) on the interaction between sections 28 and 33, and Derek Ross @derekbmross (CLF) on federalism and jurisdictional validity. The discussion will be moderated by Prof. Rory Gillis (Western). All students, faculty, staff, and community members are welcome to attend. Register by scanning the QR code or clicking here: forms.gle/afLYSfJRMXUUa7wW9
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Excited to share my article "The Universal Rights of the Family", now on SSRN, and published in the Supreme Court Law Review, which examines the idea of the right to family integrity. Feedback is most welcome! papers.ssrn.com/sol3/papers.… @LexisNexisCan
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Derek Ross retweeted
Opinion: No state religion in Quebec? Look again montrealgazette.com/opinion/…
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Derek Ross retweeted
This is profoundly important advice for any academic - young or otherwise. I am all too familiar with the desire for praise, with the intoxicating effects of getting it, and with the bitter disappointment of having it withheld. And we should take seriously the opinions of other academics in our field, because they often have things to teach us. But sometimes we have to hold our nose and just dive in with the truth as we see it, and just hope it works out for the best. Otherwise, what on earth is the point?
I’d like to share some advice I give to my students–especially those of my students who aspire to academic careers. Although it's natural and, in itself, good to desire and even seek affirmation, do not fall in love with applause. It is a drug. When you get some of it, you crave more. It can easily deflect you from your mission and vocation. In the end, what matters is not winning approval or gaining celebrity. Your mission and vocation is to seek the truth and to speak the truth as God gives you to grasp the truth. There is a particular danger for those who dissent, as I do, and as many of my graduate students and top undergraduate students do, from the reigning orthodoxies of the prevailing intellectual culture. You may be tempted to suppose that your willingness to defy the career-making (and potential career-breaking) mandarins of elite opinion immunizes you from addiction to affirmation and applause and guarantees your personal authenticity and intellectual integrity. It doesn’t. We are all vulnerable to the drug. The vulnerability never completely disappears. And the drug is toxic to the activity of thinking (and thus to the cause of truth-seeking). To me, the reality of this temptation, no less than any other temptation, should keep one mindful of the need constantly to tend the garden of one’s interior life. If anything can immunize us against the temptation to love applause above truth, it's prayer. We all need that immune system strengthener. Even those of us who think we are strong, who flatter ourselves with the thought that we are invulnerable to the lure of approval, are weak. In fact, in our self-flattery we are, perhaps, among the most vulnerable. It is so easy to think of oneself as Socrates … until the hemlock is served.
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Prayer is, quite literally, talking to God. The government has no business telling citizens they can’t talk to God in public, any more than they can prohibit talking to another person. This isn’t “state neutrality” but coerced irreligion. montrealgazette.com/opinion/… @mtlgazette
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There is much confusion around PCEPA and what it does - and doesn’t - do. I highly recommend this article for some much-needed clarification from Prof. @DebraMHaak, one of Canada’s leading legal experts on the subject.
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For some further thoughts on Kloubakov, the legality of prostitution in Canada, what the current criminal laws do & do not capture, and what PCEPA & the Commodification Offences aim to accomplish, see my article forthcoming in the Supreme Court Law Review dx.doi.org/10.2139/ssrn.5885…
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Contrary to what some have suggested, the good faith religious opinion defence in the Criminal Code does *not* shield calls to violence. Courts have been clear on this point, as I explained to the Justice Committee (you can read my submissions here: tinyurl.com/bdhtdnnj).

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Similarly, s. 319(3)(b) does not excuse the wilful promotion of hatred simply because someone cites a religious text. What it clarifies is that a good faith, truth-seeking exegesis of a religious text is not *itself* a hate crime.
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Thus, the scenarios posed during Parliamentary debates (embedding threats of violence in a so-called prayer, for example) would not fall within the s. 319(3)(b) defence, and should not be relied on to suggest that s. 319(3)(b) would protect threats of violence.
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Derek Ross retweeted
Looking forward to speaking this afternoon with the @UsaskLaw chapter of @CLF_Canada on current issues in religious freedom
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Derek Ross retweeted
Yes we must do better. Freedom of religion or belief is not only an inalienable right, #FoRB is core to our very humanity. The right to have, adopt and change thought, conscience, religion or belief-without coercion-is an absolute right & cannot be infringed in any circumstances
"Across the globe, people continue to be harassed, attacked – and even killed – simply for what they believe. 𝑾𝒆 𝒎𝒖𝒔𝒕 𝒄𝒐𝒏𝒇𝒓𝒐𝒏𝒕 𝒕𝒉𝒊𝒔 𝒕𝒉𝒓𝒆𝒂𝒕 𝒉𝒆𝒂𝒅-𝒐𝒏. Freedom of religion and belief is an inalienable human right." - @antonioguterres
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RT @CLF_Canada: Today marks the World Day Against Trafficking in Persons. Human trafficking isn’t just happening in faraway places – it is…
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Significant, and unanimous, decision from SCOTUS today highlights the need for nuanced understandings of the diverse ways that religious communities express faith through charity. supremecourt.gov/opinions/24…

"...Decisions about whether to “express and inculcate religious doctrine” through worship, proselytization, or religious education when performing charitable work are, again, fundamentally theological choices..." supremecourt.gov/opinions/24…
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Derek Ross retweeted
Happy to have a teaching assignment for the coming academic year that includes a new course on Law & Religion. Will be working hard to deliver an excellent course for students of all religions (and none) that engages thoughtfully with complex intersections of law and religion.
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I welcome feedback on a new article on The Right of Equal Access to Public Service-a right protected in the UDHR and Canada’s international commitments but rarely referenced in our case law to date. Hope to generate some further thought on this protection: papers.ssrn.com/sol3/papers.…

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Derek Ross retweeted
Looking forward to appearing as guest speaker on Monday at a Lunch and Learn event of @usasklaw chapter of @CLF_Canada on topic of Law, Religion, and the Charter
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