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Queen's University


Don Stuart

B.A., LL.B. (Natal), Dipl. in Criminology (Cambridge), D. Phil. (Oxford)

Faculty of Law
Queen's University,
Kingston, Ontario, K7L 3N6
tel: (613) 533-6000, ext. 74272
fax: (613) 533-6509

Teaching Subjects

  • Criminal Law
  • Criminal Procedure
  • Evidence

Current Research

    • Editor, Criminal Reports (national reporting and annotation service) since 1982.
    • Editor, N.J.I. Criminal Essentials e-letter (going to over 1000 judges).

      Recent Professional Achievements

        • Criminal Lawyers Assoc., G. Arthur Martin Medal for Criminal Justice, 2012
        • Law Student Society Teaching Award, Fall 2009
        • Phil Baker Award for Contributions to Criminal Justice in Kingston 2008
        • Ontario Bar Association, Mundell Medal for legal writing 2007
        • Law Student Society Teaching Award, Fall 2006
        • Presentations against Anti-terrorism Bill C-36 at Parliamentary committees, and at symposiums held at University of Toronto Law School, Law Society of Upper Canada and Ontario Bar Association, Law Union and Canadian Institute for Administration of Justice
        • Sopinka Advocacy lecture at Criminal Lawyers' Association (2001)
        • 1998 Canadian Association of Law Teachers' Award for Academic Excellence

          Recent Publications


            • Canadian Criminal Law: A Treatise (6th ed., 2011) (Carswell)
            • Charter Justice in Canadian Criminal Law (6th ed., 2014) (Carswell)

              Book of Essays

              • Towards a Clear and Just Criminal Law (1999, Carswell) (co-editor with R. J. Delisle and A. Manson)


                • Learning Canadian Criminal Law (with S. Coughlan and R.J. Delisle) (12th ed., 2012) (Carswell)    
                • Learning Canadian Criminal Procedure (with T. Quigley and R.J. Delisle) (11th ed., 2013) (Carswell )  
                • Evidence: Principles and Problems (with R.J. Delisle, D. Tanovich and l. Dufraimont)) (10th ed., 2012) (Carswell)


                  • “ Bedford: Striking Down Prostitution Laws and Revising Section 7 Standards to Focus on Arbitrariness”, (2014) 7 C.R. (7th) 1
                  • “The Supreme Court Strangles the Defence of Provocation”, (2013) 5 C.R. (7th) 249
                  • “Mabior:Compromise, Vagueness and Inconsistency”, (2012) 96 C.R. (6th) 1
                  • Vagueness, Inconsistency and Less Respect for Charter Rights of Accused at the Supreme Court in 2012-2013 - (2013) 63 Supreme Court Law Review 441
                  • The Charter Balance Against Unscrupulous Law and Order Politics" in Berger and Stribopoulos (ed.), Unsettled Legacy. Thirty Years of Criminal Justice under the Charter (2012, Lexis Nexis)
                  • "Criminal Justice - More Kudos than Brickbats" in  The McLachlin Court's First Decade (Irwin Law, 2010)
                  • "Welcome Flexibility and Better Criteria from the Supreme Court of Canada for Exclusion of Evidence Obtained in Violation of the Canadian Charter of Rights and Freedoms", (2010) 16 Southwestern Journal of International Law 101
                  • "A Case for a General Part: Lessons from Canada's Experience", (2009) 20 Criminal Law Forum 113.
                  • "Threats to Charter Rights of Accused in Making Test for Exclusion of Evidence Under Section 24(2) More Flexible", (2007) 49 C.R. (6th) 282.
                  • "The Charter is a Vital Living Tree Not A Weed to be Stunted - Justice Moldaver has Overstated", (2006) 40 Criminal Reports (6th).
                  • "Avoiding the Myths and Challenging Minister of Justice Cotler to Undo the Injustices of Our Anti-Terrorism Laws", (2005) 51 Criminal Law Quarterly 11-26.
                  • "Zigzags on Rights of Accused: Brittle Majorities Manipulate Weasel Words of Dialogue, Deference and Charter Values" (2003) 20 Supreme Court Law Review 267-296.
                  • "The Anti-Terrorism Bill (Bill C-36): An Unnecessary Law and Order Fix that Permanently Stains the Canadian Criminal Justice System" published in (2002) 2 National Journal of Constitutional Law and in Terrorism, Law and Democracy (2002, Les Editions Themis).
                  • "Time to Recodify Criminal Law and Rise Above Law and Order Expediency: Lessons from the Manitoba Warriors Prosecution" (2001) Manitoba L.J. 89.
                  • "Supporting General Principles for Criminal responsibility in the Model Penal Code with Suggestions for Reconsideration. A Canadian Perspective" (2000) 4 Buffalo Crim.Law.Rev. 13. 
                  • "Chief Justice Antonio Lamer: An Extraordinary Judicial Record of Reform of the Canadian Criminal Justice System", (2000) 5 Can.Crim. L.Rev. 51.


                    Kingston, Ontario, Canada. K7L 3N6. 613.533.2000