Richard Moon, Professor of Law

 

Richard Moon teaches a variety of public law courses. His research focuses on freedom of expression and freedom of conscience and religion. He is the author of The Constitutional Protection of Freedom of Expression (U of T Press, 2000) and Freedom of Conscience and Religion (Irwin Law, 2014), editor of Law and Religious Pluralism in Canada (UBC Press, 2008), co-editor of Religion and the Exercise of Public Authority (Hart/Bloomsbury, 2016) and contributing editor to Canadian Constitutional Law (3rd, 4th, and 5th editions) (Emond-Montgomery, 2006, 2010. 2016). He wrote an influential report for the Canadian Human Rights Commisssion in 2008 - "The Regulation of Hate Speech on the Internet". He has recently completed  work on a book entitled "Putting Faith in Hate: When religion is the subject or source of hate speech". He has been the recipient of both the law school and university-wide teaching awards as well as the Mary Lou Dietz Award for contributions to the advancement of equity in the university and community. He has held a number of academic positions including President of the Canadian Law and Society Assn. 

His recent publications can be found at his SSRN author's page:  http://papers.ssrn.com/sol3/cf_dev/AbsByAuth.cfm?per_id=390771
 

Recent Publications

  • "The Regulation of Blasphemy and Religious Insult in Canada” in Andras Koltay and Jeroen Temperman eds., Blasphemy and Freedom of Expression after the Charlie Hebdo Massacre (Cambridge University Press, forthcoming, 2017).

  • “Limits on Rights: The Marginal Role of Proportionality Analysis”, 50 Israel Law Review 1 (2017).

  • “The Requirement of Religious Neutrality: Civic Action and Institutional Autonomy” in B. Bussey and I. Benson, The Public and Private Place of Religion (Brill, forthcoming 2017).

  • Religion and the Exercise of Public Authority (Hart/Bloomsbury, 2016) (co-edited with Benjamin Berger).

  • "Conscientious Objections by Civil Servants:  The Case of Marriage Commissioners and Same Sex Civil Marriages" in B. Berger and R. Moon (eds), Religion and the Exercise of Public Authority (Hart/Bloomsbury, 2016).

  • "Neutrality and Payers: Mouvement laique v. Saguenay", 4  Oxford Journal of Law and Religion (2015).

    http://ojlr.oxfordjournals.org/cgi/content/full/rwv044?
    ijkey=qZkBDLgDFzMhYf8&keytype=ref 

  • "The Accreditation of Trinity Western University's Law School", Law Matters, Summer 2015 (www.cba-alberta.org)

  • "The Limits of Religious Equality in Canada" in Alvin Carling ed., The Social Equality of Religion or Belief (Palgrave Macmillan, 2015).

  • Freedom of Conscience and Religion (Irwin Law, 2014).  (Preface Available) 

  • “Religious Accommodation and Its Limits:  The York University Case”, 23 Constitutional Forum (2014).

  •  “Law and Religion in Canada” in Gerhard Robbers and Cole Durham eds.,  Encyclopedia of Law and Religion (co-authored with Heather MacIvor) (Brill, 2014). 

Recent Invited Presentations

  • "What happens when the assumptions underlying our commitment to free speech no longer hold?", Saint Joseph's University, Beirut, March 2017. 

  • “Should the TWU law program be accredited?”,  Debate sponsored by the Runnymede Society, Windsor, November 2016.

  • “Should Catholic hospitals be exempted from providing assistance in dying?”, Conference on Medical Assistance in Dying, Ottawa, Oct 2016.

  • “The state of hate speech regulation in Canada”, Annual Conference, Canadian Race Relations Foundation, Toronto, October, 2016.

  • “Should civil marriage commissioners be exempted from performing same-sex marriages?” Centre for Ethics, University of Toronto, Sept. 2016

  • Religion and the Rule of Law: Summer Certificate Program”, Centre for Constitutional and Administrative Law, Peking University, Beijing, China, July 2016 (Member of international teaching team).

  • “Religion and Hate Speech: The Case of Anti-Muslim Speech", Political Science and Law Seminar,  McGill University, January 2016.

 

In the News

Quoted in Toronto Star, Feb 27, 2017,  "Why Hate Crimes are Hard to Prosecute", https://www.thestar.com/news/gta/2017/02/27/why-hate-crimes-are-hard-to-prosecute.html

Quoted in Toronto Star, Feb 14, 2017, "Conservatives are Divided on Anti-Islamophobia Motion" https://www.thestar.com/news/canada/2017/02/14/conservatives-divided-on-anti-islamaphobia-motion.html

Op-ed, “First Nations Smudging Ceremony does not Infringe Religious Freedom”, Vancouver Sun, 2016/11/26 http://vancouversun.com/opinion/opinion-smudging-ceremony-does-not-infringe-on-religious-freedom

Quoted in Toronto Star article discussing the BC Court of Appeal decision re Trinity Western University's law program, 2016/11/5  https://www.thestar.com/news/canada/2016/11/05/fight-over-accrediting-christian-law-school-headed-to-the-supreme-court.html

Quoted in National Post article discussing the regulation of offensive costumes by universities, 2016/10/16  http://news.nationalpost.com/news/canada/universities-crack-down-on-offensive-halloween-costumes-at-campus-parties

Quoted in Globe and Mail article discussing public funded Catholic hospitals and physician assisted death, 2016/03/04  http://www.theglobeandmail.com/news/national/canadas-catholic-hospitals-in-a-tough-spot-on-assisted-death/article29040629/

Op-ed at J-Source on hate speech, 2015/12/26 http://www.j-source.ca/article/thin-line-between-free-speech-and-hate-speech