Robert Danay
BSc (Toronto), LLB (Osgoode Hall), BCL (Oxon), of the Ontario and British Columbia bars, joined the Faculty in 2012 as an Assistant Professor. He currently teaches Administrative Law, Law & Technology and the law of Evidence.
After completing his bachelor of laws at Osgoode Hall and graduate studies at the University of Oxford, Professor Danay clerked for Deputy Chief Justice Dikgang Moseneke of the Constitutional Court of South Africa.
He has also worked as a litigator with the federal Department of Justice since 2004. In that capacity he litigated several notable administrative, civil and constitutional cases on behalf of the federal Crown including Reference re: Criminal Code, s. 293, 2011 BCSC 1588 (the “Polygamy” Reference), Bennett v. Canada (Attorney General), 2011 FC 1310 (a challenge to the constitutionality of the prohibition on the possession of marijuana) and Reference re Marine Transportation Security Regulations (CA), 2009 FCA 234 (a challenge to the constitutionality of regulations requiring longshoremen to undergo background checks).
His research interests include a wide variety of public and private law topics including law and technology, administrative law, intellectual property and comparative human rights law.
His peer reviewed publications, which have been cited by the Supreme Court of Canada, include:
R. Danay, “Canada (Attorney General) v. PHS Community Services Society: Implications for the Federal Courts’ Supervisory Jurisdiction” (2012), 25 Can. J. Admin. L. & Prac. 95
R. Danay, “The Medium is not the Message: Reconciling Reputation and Free Expression in Cases of Internet Defamation” (2010), 56 McGill L.J. 1
R. Danay, “The Passing of Reputation: A Refutation”, (2010) 68(6) The Advocate 821.
R. Danay and J. Foster “The Sins of the Media: The SABC Decision and the Erosion of Free Press Rights” (2007) 22(4) South African Journal on Human Rights 563.
J. Penney and R. Danay, “The Embarrassing Preamble? Understanding the ‘supremacy of God’ and the Charter” (2006) 39(2) University of British Columbia Law Review 287.
R. Danay, “Leung v Secretary for Justice: Privacy, Equality and the Hypersexualised Homosexual Stereotype” (2005) 35 Hong Kong Law Journal 545.
R. Danay, “Copyright vs. Free Expression: The Case of Peer-to-Peer File-Sharing of Music in the United Kingdom” (2005) 8 Yale Journal of Law and Technology 32.
R. Danay, “The Dangers of Fighting Monsters: Addressing the Hidden Harms of Child Pornography Law”, (2005) 11(1) Review of Constitutional Studies 151.
