Robert Diab


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I am a professor in the Faculty of Law at Thompson Rivers University in Kamloops, British Columbia. I write about civil liberties and human rights. My summaries of criminal law can be found here. Find me on Twitter @robertdiab, or email me at rdiab [at] tru.ca.


Recent Scholarship

Rights theory

  • “The Demise of Rights as Trumps”, in Ben Goold and Liora Lazarus, eds, Security and Human Rights, 2nd edition (Oxford: Hart Publishing, 2019) on SSRN.

Internet governance

  • “Search Engines and Global Takedown Orders: Google v Equustek and the Future of Free Speech Online” (2019) 56 Osgoode Hall Law Journal

Encryption and digital privacy

  • “The Road Not Taken: Missing Powers to Compel Decryption in Bill C-59, Ticking-Bombs, and the Future of the Encryption Debate” (2019) 57:1 Alberta Law Review 267
  • “Does the State Have a Compelling Interest in Searching Device Data at the Border? Emerging Approaches to Reasonable Search in Canada and the United States” (2018) Oxford University Comparative Law Forum 1
  • “Protecting the Right to Privacy in Digital Devices: Reasonable Search on Arrest and at the Border” (2018) 69 University of New Brunswick Law Journal 96

Civil liberties

  • “The Opioid Crisis and Section 7: Charter Implications of Safe Supply and Simple Possession” (2022) 55:2 UBC Law Review Forthcoming (with Rose Morgan and Robyn Young) on SSRN
  • “Reasonable Apprehension Under Mental Health Law” (2022) Queen’s Law Journal Forthcoming (with Jolene Sanderson)
  • “The Policing of Large-Scale Protests in Canada: Why Canada Needs a Public Order Policing Act” (2022) Public Order Emergency Commission, Canada: POEC website
  • “Pathways to Police Adoption of Body and Dash Cameras in Canada: How and Why Parliament Should Intervene” (forthcoming: 2022) 70 Criminal Law Quarterly (with Marshal Putnam) on SSRN