Don Stuart was appointed to Queen’s in 1975. Prior to that he taught law at the University of the Witwatersrand in South Africa, Osgoode Hall Law school from 1970-1971 and the University of Alberta from 1971-1974.

He holds B.A. and LL.B. degrees from the University of Natal, South Africa. As a Rhodes Scholar he gained a Diploma in Criminology from Cambridge University and a D.Phil. from Oxford University, in 1973. 

Most of his teaching has been in the areas of Criminal Law, Criminal Procedure and Evidence. He has authored textbooks on substantive law and on the Charter of Rights and Freedoms and has co-authored three teaching books. He has been Editor-in-Chief of the Criminal Reports (a national reporting and comment service) since 1982, and Editor of the National Judicial Institute’s Criminal Essentials e-letter (going to over 1000 judges) since 2000. He was Crown Attorney in Toronto from 1988-1989. He has appeared twice in the Supreme Court of Canada. For twenty five years, he was a Board Member and sometimes President of the John Howard Society of Kingston.

Current Research

  • Editor, Criminal Reports (national reporting and annotation service) since 1982.
  • Editor, N.J.I. Criminal Essentials e-letter since 2000

 

Professional Achievements

  • Stan Corbett Award for Teaching Excellence 2017
  • Criminal Lawyers Assoc., G. Arthur Martin Medal for Criminal Justice, 2012
  • Law Student Society Teaching Awards 2005, 2009, 2010
  • Phil Baker Award for Contributions to Criminal Justice in Kingston 2008
  • Ontario Bar Association, Mundell Medal for legal writing 2007
  • 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

 

Selected Recent Publications

Textbooks

  • Canadian Criminal Law: A Treatise (7th ed., 2014) (Carswell)
  • Charter Justice in Canadian Criminal Law (7th ed., 2018) (Carswell)

 

Casebooks

  • Learning Canadian Criminal Law (with S. Coughlan) (14th ed., 2018) (Carswell)
  • Learning Canadian Criminal Procedure (with T. Quigley  (12th ed., 2016) (Carswell)
  • Evidence: Principles and Problems (with R.J. Delisle, D. Tanovich and L. Dufraimont) (12th ed., 2018) (Carswell)

 

Articles

  • "Mandatory Alcohol ASD Test without Reasonable Suspicion Should Be Held Unconstitutional" (2018) 45 Criminal Reports (7th) 264
  • "Barton: Sexual Assault Trials Must be Fair not Fixed" (2017) 35 Criminal Reports (7th) 438
  • Oxford Handbook of the Canadian Constitution, chapter 38 “The Charter and Criminal Justice” 795-814
  •  “Pragmatism and Inconsistency from the Supreme Court on Mandatory Minimums” (2016) 27 Criminal Reports. (7th) 245
  • “Ghomeshi: Dangers in Overreacting to this High Profile Acquittal” (2016) 27 Criminal Reports  (7th) 45
  • “Anderson: Continuing a Questionable March to Legal Immunity for Crown Attorneys” (2014) 11 Criminal Reports (7th) 26
  •  “ Bedford: Striking Down Prostitution Laws and Revising Section 7 Standards to Focus on Arbitrariness”, (2014) 7 Criminal Reports (7th) 1
  • “The Supreme Court Strangles the Defence of Provocation”, (2013) 5 C.R. (7th) 249
  • 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.