Forthcoming
- “Too Dangerous to Deploy? The Challenge Language Models Pose to Regulating AI in Canada and the EU” (2024) UBC Law Review PDF
- “Harm to Self-Identity: Reading Goffman to Reassess the Use of Surreptitious Recordings as Evidence” (2024) Manitoba Law Review PDF
Books
- Search & Seizure (Irwin Law, 2023) (with C. Hunt)
- The Harbinger Theory: How the Post-9/11 Emergency Became Permanent and the Case for Reform (Oxford UP, 2015)
- Guantãnamo North: Terrorism and the Administration of Justice in Canada (Fernwood Publishing, 2008)
Selected articles and book chapters
- “Must the Police Refuse to Look?’ Resolving the Emerging Conflict in Search and Seizure Over Civilian Disclosure of Digital Evidence” (2023) 68:4 McGill Law Journal PDF
- “The Policing of Large-Scale Protests in Canada: Why Canada Needs a Public Order Policing Act” in The Honourable Paul S. Rouleau, Commissioner, Report of the Public Inquiry into the 2022 Public Order Emergency, Volume 5: Policy Papers (February 2023) PDF
- “Reasonable Apprehension Under Mental Health Law” (with J. Sanderson)
(2022) 48:2 Queen's Law Journal (Winner of the David Watson Memorial Award) PDF
- “Search Engines and Global Takedown Orders: Google v Equustek and the Future of Free Speech Online” (2020) 56:2 Osgoode Hall Law Journal 231 PDF
- “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 PDF
- “The Demise of Rights as Trumps” in Benjamin Goold & Liora Lazarus, eds, Security and Human Rights, 2nd edition (Oxford: Hart Publishing, 2019) PDF
- “Does the State Have a Compelling Interest in Searching Device Data at the Border?” (2018) 1 Oxford University Comparative Law Forum PDF, online
Selected essays, opinion, and reviews
- “It’s Not the End of Privacy Yet in Canada, But the Threat Remains”
The Conversation (17 April 2023)
- Review of Kate Eichhorn, "Content
25(1) New Media & Society (2023) PDF
- “The Great Unread: On William Deresiewicz’s The Death of the Artist"
Los Angeles Review of Books (13 Oct 2020)
- “Is Password Compulsion Constitutional in Canada? Two Views”
The Advocate (July 2019) (with M. Putnam)
- “The Big Fail: The Internet Hasn’t Helped Democracy"
National Post / The Conversation (15 October 2018)
