C.V.
HIGHLIGHTS
● Legal Counsel to a coalition of twenty-seven civil and human rights groups which made submissions to the Canadian government on its recently implemented “no-fly” list known as the Passenger Protect Program.
● Legal Counsel to a coalition of civil and human rights groups which made submissions to Parliamentary Committees on Canada’s Anti-Terrorism Act prior to its enactment and during its review.
● Legal Counsel to two interveners at the Commission of Inquiry into the Investigation of the Bombing of Air India Flight 182 and the Iacobucci Inquiry looking into issues of national security.
● Legal Counsel to a number of the leading finance companies offering Islamic financial products and services in Canada.
● Consulted by the Ontario Attorney General’s office on changes to Hate Crimes laws, faith-based arbitration (Family Statute Law Amendment Act, 2005) and the Human Rights Code Amendment Act, 2006.
● Served as International Trial Observer at military trials of political prisoners in June 2007 in Cairo, Egypt at the invitation of human rights groups, the Egyptian Lawyers Syndicate and members of the Egyptian Parliament, the Peoples’ Assembly.
● Have written and spoken extensively on anti-terror laws, national security, civil rights, human rights, intelligence/law enforcement accountability and oversight as well as state/community relations and interaction.
EDUCATION
Doctor of Philosophy (Ph.D.) (candidate), 2006 – , Osgoode Hall Law School, York University. Dissertation: Between Normalcy and Exception: A Comparative and Critical Analysis of Emergencies in Western and Non-Western Legal Traditions. Supervisor: Trevor C. W. Farrow (Assistant Professor, Osgoode Hall Law School, York University). Committee Members: Craig M. Scott (Professor, Osgoode Hall Law School, York University; Director of the Jack and Mae Nathanson Centre on Transnational Human Rights, Crime and Security); Obiora Chinedu Okafor (Assistant Professor, Osgoode Hall Law School, York University).
Master of Laws (LL.M.), 2006, Osgoode Hall Law School, York University. Specialization: Civil Litigation and Alternative Dispute Resolution: Major Research Project: The Shari’a Factor in International Commercial Arbitration (published in (2006), 28 Loy. L.A. Int. & Comp. L. Rev.). Supervisor: Charles Gastle (Adjunct Professor, Osgoode Hall Law School, York University; Visiting Professor at Aix Marseille University in France; Director of the LL.M. program in international trade and competition law at Osgoode Hall Law School; Associate, Estey Centre for Law and Economics in International Trade).
Bar Admissions Courses, 1995, Law Society of Upper Canada, Toronto, Ontario.
Bachelor of Laws (LL.B., cum laude), 1994, Faculty of Law, University of Ottawa. Major Research Project: A Comparative Analysis of Human Rights in International Law and Islamic Law. Supervisor: Donald McRae (Professor, Faculty of Law, University of Ottawa; Member, International Law Commission; Hyman Soloway Chair in Business and Trade Law; former Dean of the Faculty of Law).
Bachelor of Arts (B.A., Incomplete), 1988 – , York University, Economics, Faculty of Arts. Admitted to law school prior to completion of degree.
TEACHING EXPERIENCE
2009 Visiting Assistant Professor
Valparaiso University School of Law
Valparaiso, Indiana
2009 Adjunct Professor of Comparative Law, Islamic Law
Osgoode Hall Law School, York University
Toronto, Ontario
2008 – 2009 Co-Instructor Ethical Lawyering in a Global Community
Osgoode Hall Law School, York University
Toronto, Ontario
May 6, 2008 Guest Lecturer, “Islamic Law: Sources and Methodology”
Osgoode Hall Law School, Toronto, Ontario
Feb. 20, 2007 Guest Lecturer, “National Security and Discretion in the Justice System”
University of Windsor Law School, Windsor
May 20 , 2007 Guest Lecturer, “Islamic Law: Sources and Methodology”
Osgoode Hall Law School, Toronto, Ontario
2006 – 2007 Instructor Skills and Professional Responsibility
Law Society of Upper Canada, Toronto, Ontario
Feb. 14, 2006 Guest Lecturer, “National Security and Discretion in the Justice System”
University of Windsor Law School, Windsor, Ontario
May 20 , 2006 Guest Lecturer, “Islamic Law: Sources and Methodology”
Osgoode Hall Law School, Toronto, Ontario
2001 – 2006 Instructor Corporate/Commercial Law,
Bar Admissions Program, Law Society of Upper Canada
Toronto, Ontario
April 5, 2005 Guest Lecturer, National Security and Privacy
Faculty of Information Studies, University of Toronto, Toronto, Ontario
1997 – 1998 Instructor Legal Research and Writing,
Osgoode Hall Law School
Toronto, Ontario
1996 – 1997 Instructor Law Diploma Course,
Richmond School of Commerce
Toronto, Ontario
PROFESSIONAL EXPERIENCE
Senior Partner, 2002 -, Kutty, Syed & Mohamed, Barristers and Solicitors, Toronto, Ontario. Practice areas cover a broad range including business law, non-profit/charity law, human rights, Islamic finance, national security, family and alternative dispute resolution.
Consultant, 2006 – 2007, Little Mosque on the Prairie, Canadian Broadcasting Corporation (CBC). Script consultant on Islamic law, culture and practice for one of the highest rated sitcoms in Canada.
Principal Lawyer, 1996 -, Kutty & Associates, Barristers and Solicitors, Toronto, Ontario. General practice including business, litigation and real estate.
Articling, 1994-1995, Goodman & Carr, Barristers and Solicitors, Toronto, Ontario.
Researcher, 1993-1994, University of Ottawa/Certified General Accountants Tax Law Centre, Ottawa, Ontario.
VOLUNTEER POSITIONS
2008- Member New Member Committee
The Legal Writing Institute
Macon, Georgia
2008-2009 Member Tenure & Promotions Adjudication Committee
Osgoode Hall Law School of York University
Toronto, Ontario
2001-2008 Board Member,Vice Chair & Counsel, Canadian Council on American-Islamic Relations
Ottawa, Ontario
1994- Board Member & Counsel, Canadian Muslim Civil Liberties Association
Toronto, Ontario
1998- Board Member Social Services Association of North America
Winnipeg, Manitoba
1996 -05 Board Member Human Concern International
Ottawa, Ontario
1996-99 Board Member Bosnian-Canadian Relief Association
Toronto, Ontario
1996-97 Legal Advisor Ontario Government Small Business Center
Toronto, Ontario
1993-94 Book Reviews Editor & Articles Editor, Ottawa Law Review
Ottawa, Ontario
PROFESSIONAL AFFILIATIONS & MEMBERSHIPS
Of the Bar of Ontario, Law Society of Upper Canada, 1996 -
Member, Canadian Bar Association, 2002 -
Member, Canadian Council on International Law, 2002 -
Member, Canadian Association of Journalists, 2002 -
Member, Legal Writing Institute, 2008 -
Member, American Bar Association, 2009 -
SELECTED AWARDS & SCHOLARSHIPS
2008 Appreciation Award
Children of Hope
2008 Fellow, Islamic and International Law: Searching for Common Ground
Salzburg Global Seminar, Salzburg, Austria
2007 Maher Arar and Monia Mazig Award in Civil and Human Rights,
Maher Arar and Monia Mazig/Canadian Muslim Network
2004 Professional Excellence Award,
American Federation of Muslims from India (AFMI)
2003 Community Service Award,
Toronto Community Resources Consultants (TCRC)
1990 Dean’s Honour Roll,
York University, Toronto, Ontario
1988 Merit Award,
York University, Toronto, Ontario
1988 Ontario Scholar Award,
Ontario Ministry of Education, Toronto, Ontario
PUBLICATIONS
ACADEMIC
Working Papers:
“The Faith-Based Arbitration Debate in Ontario: Gender, Religion, the Limits of Accommodation and a Delayed Opportunity for the Evolution and Indigenization of Islamic Law Rulings.” To be published in Debating Shariah: Islam, Gender Politics and Family Law Arbitration (collection of essays edited by Anna Korteweg and Jennifer Selby to be published by the University of Toronto Press in Fall 2011). The article argues that Ontario lost a timely opportunity to work out how to balance competing rights and interests in a manner that respects all parties and protects the vulnerable. The article will also argue that Ontario also lost an opportunity to indigenise Islamic law and to see how Islamic law and liberal democracy can co-exist within a liberal constitutional framework and thereby help in the integration process of its Muslim citizens.
“Looking and Acting Muslim: Beyond the Black-White Paradigm of Civil Rights Law.” The civil rights deprivations resulting from hastily drafted legislation, policies and practices in the wake of the tragic events of 9/11 have been most profoundly felt by Muslims and Arabs around the world. Focusing on the North American context and building on the work of Susan Akram, Kevin Johnson and others, I hope to explore how a complex matrix of “otherness” based on race, national origin, religion and political ideology has contributed to the erosion of civil rights for this group. The racialization of Islam and Muslims, their characterization as the “other”, the lack of remedies to adequately deal with violations, and the inability to access justice all serve to reinforce the inferiority of this group. As other scholars have argued, as a result of the creep effect, national security measures ultimately end up affecting others and even have long term adverse impacts on the architecture of rights and even on legal theory. In fact, there is growing evidence that this has and will continue to happen. These issues raise questions about equal treatment, assimilation and more importantly it forces us to revisit the rhetorical question asked by former Supreme Court Justice Sandra Day O’Connor within weeks of 9/11: At what point does the cost to civil liberties from legislation designed to prevent terrorism outweigh the added security that the legislation provides? This is a question that every democracy must grapple with. Echoing others, I propose that the response to this question is complex and multi-faceted and that any comprehensive initiatives to address some of the civil rights concerns raised by the “war on terror” will involve thinking outside the box or beyond the existing black-white paradigm.
“A Practical Approach to Islamic Law Estate Planning.” Working title with David J. Herzig. A collaborative piece on the emerging field of Islamic estate planning. Often wealthy Islamic families want to ensure that their estate plans not only are effective under state law but also under Islamic law. The paper will go through the Islamic principles of estate planning and how they will interact with traditional western rules. This paper will gain increasing relevance in the field of estate planning not only for Muslims but also for western clients seeking alternative ideas to complex questions.
“Islam, Democracy and Constitutionalism: Toward a New Theory of Islamic Constitutionalism.” Working Title.
“Presumption of Guilt and Guilt by Association in Canada’s War on Terror: A State of Exception?” Working Title.
“Islamic Finance in Canada: Current Status, Regulatory Hurdles and Future Prospects.” This article surveys the Canadian Islamic Finance landscape and then proceeds to analyze the existing regulatory hurdles and complications both from a legal as well as an Islamic perspective.
“Teaching Islamic law in North America: An annotated bibliography and Syllabus.” Working Title.
“The Reliability of Demeanour Evidence in Assessing Credibility across Cultures.” Working Title. The article expands upon a paper written for my LL.M. course work done under the supervision of The Honourable Mr. Justice Paul M. Perell of the Ontario Court of Justice.
Published:
1) “No-Fly Lists Do Not Keep America Safe” in Lauri S. Friedman, ed., Introducing Issues With Opposing Viewpoints: National Security (Gale/Greenhaven Press: Chicago, 2010) 89.
2) Review of “Islam, Secularism and Liberal Democracy: Toward a New Democratic Theory for the Muslim Societies” by Nader Hashemi, 2009, Oxford University Press, Oxford, in The Globe and Mail, July 9, 2009.
3) Review of “The Constitution of Law: Legality in a Time of Emergency” by David Dyzenhaus, 2006, Cambridge University Press, Cambridge, in (2008) 24 Windsor Rev. Legal Soc. Issues 73.
4) “Non-Western Societies Have Influenced Human Rights” in Jacqueline Langwith, ed., Opposing Viewpoints: Human Rights (Gale/Greenhaven Press: Chicago, 2007) 41.
5) “The Shari’a Factor in International Commercial Arbitration” (2006), 28 Loy. L.A. Int. & Comp. L. Rev. 565.
6) Review of “Farce Majeure: The Clinton Administration’s Sudan Policy 1993-2000” by David Hoile, (2001) American Journal of Islamic Social Sciences, Volume 19, Number 2.
7) Review of “American Islam: Growing up Muslim in America” by Richard Wormser, 1994, Walker & Company, New York, (1997) Musl. World Bk. Rev., Vol. 17, No. 3, 39.
“Indian Muslims: Rebuilding a Community” (1997) Journal Institute of Muslim Minority Affairs, Vol. 17, No. 1, 107.
9) Review of “The Politics of Islamic Resurgence: Through Western Eyes” by Ahmad AbulJobain and Ahmad Bin Yousef, 1992, UASR. Inc., (1993) Islamic Studies 222.
10) Review of “Human Rights in Crisis: The International System for Protecting Rights During States of Emergency” by Joan M. Fitzpatrick, 1994, University of Pennsylvania Press (1994) Ottawa L. R. 253.
NON-ACADEMIC (A representative sample selected from over 200 articles)
The publications in which my articles on a broad range of topics have appeared in include (figure in bracket signify the number of articles): The National Post (8), Hamilton Spectator (8), Toronto Star (7), Ottawa Citizen (4), Montreal Gazette (3), London Free Press (2), The Globe and Mail (2), Windsor Star, Catholic New Times (5), Buffalo News, Al-Ahram (Egypt – 2), Arab News (Saudi Arabia – 4), Indian Express (India – 7), CA Magazine, Law Times (2), Lawyers Weekly (7), and Catholic Register.
1) “Veils and Justice, ” The Toronto Star, February 4, 2009.
2) “No Fly Lists Provide a False Sense of Security,” The Toronto Star, May 15, 2007.
3) “No-fly lists are an ineffective way to fight terrorism,” The Lawyers Weekly, April 2007.
4) “Apologizing to Maher Arar: A Beginning, Not an End,” Jurist Legal News & Research, February 2, 2007.
5) “Arar not the only one seeking answers,” The Toronto Star, September 18, 2006.
6) “Good intentions not good enough: proposed changes weaken the enforcement powers of the Human Rights Commission,” The Toronto Star, June 26, 2006.
7) “Federal Court of Appeal to rule whether U.S. Deserters are Refugees,” The Lawyers Weekly, May 15, 2006.
8 ) “Faith-based arbitrations in Ontario: A lost opportunity,” The Lawyers Weekly, March 20, 2006.
9) “Free Speech or Hate Speech?” The Lawyers Weekly, February 22, 2006.
10) “Boyd’s recommendations balance needs of religious communities with rights of vulnerable,” Lawyers Weekly, January 21, 2005.
11) “Sharia Courts in Canada: Myth and Reality,” Law Times, May 2004.
12) “Globalizing the Harassment of Muslims – The Dirty Work of Canadian Intelligence,” Counterpunch, May 2004.
13) “Government’s out to lunch on legal aid system,” Hamilton Spectator, August 8, 2002.
14) “UN’s Human Rights Document Has Not Lived up to its Name,” Hamilton Spectator, December 13, 2000.
15) “Too Many Mouths to Feed?” Al-Ahram (Egypt), October 20, 1999.
16) “War Criminals Belong Behind Bars, Not at the Peace Table,” Catholic New Times, June 6, 1999.
17) “City’s human rights task force lacks bite: Draft report off mark,” The National Post, March 29, 1999.
18) “When Fear Becomes the Aftermath of Free Speech, then the Right is Lost,” The National Post, January 12, 1999.
19) “Independent Investigation Needed in Just Desserts Case: Race Card Played,” The National Post, Nov. 21, 1998.
20) “Hollywood’s View of Arabs, Muslims,” The Toronto Star, September 21, 1998.
21) “Sanctions are Killing the Children of Iraq,” The Toronto Star, May 19, 1998.
22) “Islamic Law Meets Western Finance,” CA Magazine, September 1995.
23) “Islamic Finance and Canadian Law,” Law Times, July 1995.
24) “Employment Equity Law Crucial for Inclusiveness,” The Ottawa Citizen, June 15, 1995.
INVITED PRESENTATIONS & LECTURES
(Law Related Since 2002)
1) “Erosion of Human and Civil Rights in Canada”
Ontario Federation of Labour Annual Conference
Toronto, ON, November 25, 2009
2) “Looking and Acting Muslim: Beyond the Black-White Paradigm of Civil Rights Law,” Conference titled Civil Rights in the Obama Era
Valparaiso University School of Law
Valparaiso, IN, November 13, 2009
3) “The Basics of Islamic Finance”
Muslim Law Students’ Association, Diversity Albany, Amnesty, Business Law Society
Albany Law School
Albany, NY, March 26, 2009
4) “Islam, Democracy and the Right to Self-Determination”
Muslim Law Students’ Association, Diversity Albany, Amnesty, Business Law Society
Albany Law School
Albany, NY, March 25, 2009
5) “Finding a Balance: Perspectives on National Security Laws and Civil Rights”
Faculty of Law, Legal Activists Collective & the Alberta Public Interest Research Group
University of Alberta Law School
Edmonton, AB, Jan. 20, 2009
6) “The Myth and Reality of Shariah Courts in Canada: Multiculturalism, Legal Pluralism, Gender, the Limits of Accommodation and Delayed Opportunity to Indigenize Islamic Law”
University of Alberta
Edmonton, AB, Jan. 20, 2009
7) “National Security and Human Rights”
Presumption of Innocence Project
University of Toronto Ministry of Social Justice
University of Toronto — Mississauga
Mississauga, ON, Nov. 25, 2008
“National Security and Human Rights”
Bridging the Gap Conference sponsored by the Attorney General of Ontario
Multicultural Inter-Agency Group of Peel
Toronto, ON, Aug. 27, 2008
9) “National Security and Human Rights”
2008 Annual Policy Conference
Canadian Association of Statutory Human Rights Agencies
Niagara-on-the-Lake, ON, Jun. 15 to Jun. 17, 2008
10) “Religious and Secular Extremism: Clash of Fundamentalisms”
International Center, Islamic Society of North America 34th Annual Convention
Toronto, ON, May. 24, 2008
11) “Marginalization and Radicalism: How Did We Get To This Point?
University of Alberta International Center, International Week
Edmonton, AB, Jan. 30, 2008
12) “Common Law and Islamic Law: Similarities and Differences”
University of Alberta
Edmonton, AB, Jan. 29, 2008
13) “Common Law and Islamic Law: Similarities and Differences”
University of Saskatchewan
Edmonton, SK, Jan. 25, 2008
14) “Through the Looking Glass: An Examination of Racial Profiling in Canada”
Canadian Centre for Policy Alternatives, Toronto, ON, Oct. 16, 2007
15) “Canada’s No-Fly List a Legal Critique”
Canadian Arab Federation Policy Conference
City Hall, Toronto, ON, Jun. 16, 2007
16) “Multiculturalism and Canada”
Osgoode Hall Law School of York University, Toronto, ON, May 20, 2007
17) “After Arar: A Workshop Series on Security Intelligence and Human Rights – Community-State Relations and Canadian Intelligence Activity”
Panel Discussion with Inspector Wayne Hanniman (Royal Canadian Mounted Police Community), May Farrales (B.C. Committee for Human Rights) and Chaired by Professor Craig Scott (Osgoode Hall), Osgoode Hall Law School, York University, Toronto, ON, Feb. 21, 2007
18) “National Security and Discretion in the Justice System”
Panel with Chief Justice Allan Lutfy (Federal Court of Canada) and Jasminka Kalajdzic
University of Windsor Law School, Windsor, ON, Feb. 20, 2007
19) “Law and Your Faith”
University of Toronto Law School, Toronto, ON, Nov. 1, 2006
20) “Social Harmony: Prosperity in a Competitive World”
Symposium: Investing in Canada: Its People; Its Government; Its Public Service – Panel Discussion with the Hon. Donald H. Oliver, Q.C. and Wendy Grant-John
Association of Professional Executives of the Public Service of Canada ( www.apex.gc.ca )
National Arts Center, Ottawa, ON, May 30-31, 2006
21) “Shari’a: Sources and Methodology”
Guest Lecture, Part Time LL.M. Program, Osgoode Hall Law School, Toronto, ON, May 6, 2005
22) “The Prophet Mohammed Cartoons – Political Provocation or Freedom of Speech? ”
Osgoode Hall Law School, Toronto, ON, March 22, 2006
22) “An Overview of Discretion and Its Implications for Access to Justice”
Panel Discussion with Chief Justice Allan Lutfy (Federal Court of Canada)
University of Windsor Law School, Windsor, ON, Feb. 14, 2006
23) “Shari’a Law: Myths and Facts”
New Democratic Party of Manitoba, Winnipeg, Man., Jan. 21, 2005
24) “National Security and the Canadian Mosaic”
University of Regina, Regina, Sask., Nov. 28, 2005
25) “The Policing of Migration and Immigration: National and International Perspectives”
The Tenth International Metropolis Conference, Toronto, ON, Oct. 19, 2005
26) “Perspectives on the London Bombings”
Panel Discussion with Prof. Margaret MacMillan (UofT), Prof. Ebrahim Moosa (Duke Univ.) and Jonathan Kay (National Post), Noor Cultural Center, Toronto, ON, Aug. 5, 2005
27) “The Viability of Shari’a-based Arbitration”
Canadian Arab Federation 2005 Annual Conference, Toronto, ON, June 18, 2005
28) “Legal Remedies for Hate and Discrimination”
Conference Against Hate and Racial Discrimination, St. Paul’s Univ., Ottawa, ON, May 7, 2005
29) “Is there Room for Women’s Equality Rights in Religious Arbitration?”
Canadian Council of Muslim Women, Status of Women Canada, Rights and Democracy, Canadian Women’s Foundation, and Change Canada Foundation, Toronto, ON, April 9, 2005
30) “National Security and Civil Liberties: Are they incompatible?”
Faculty of Information Studies, University of Toronto, Toronto, ON, April 5, 2005
31) “Anti-Terror Laws and Racial Profiling”
York Federation of Students, York University, Toronto, ON, March 16, 2005
32) “Post 9/11 Policing and Racial Profiling”
Temple Har Zion, Jafari Centre and The Mosaic Group, Toronto, ON, Jan. 30, 2005
33) “Keeping the Faith: Alternative Dispute Resolution in Ontario’s Faith Communities”
University of Toronto Student Affairs Office and the Faculty of Law Diversity Committee
St. George Campus, Toronto, ON, Nov. 18, 2004
34) “Minority Rights in a Pluralistic Society”
North American Federation of Muslims from India, 14th Annual Conference Keynote Address
Toronto, ON, Sept. 25, 2004
35) “Islamic Law: An Overview”
York University, Toronto, ON, April 16, 2004
36) “Navigating Discrimination: Rights of Foreign Airline Passengers in the U.S.”
Students for Global Justice, University of Toronto, Toronto, ON, March 18, 2004
37) “Islamic Rules of Inheritance and Ontario Law”
Queen’s University, Kingston, ON, Jan. 2004
38) “The Changing World: The War on Terrorism and Civil Liberties”
Keynote Address, Annual Meeting, Community Resources Consultants of Toronto (CRCT)
College Street United Church, Toronto, ON, Sept. 30, 2003
39) “The War on Terror: A Legislative Overview”
ICCO Community Centre of Ontario, Toronto, ON, July 19, 2003
40) “Canadian Family Law: a Primer”
Seminar on Family Issues, Oakville, ON, April 17, 2003
41) “Legal Issues in Social Work”
Conference on Family and Social Services, Oakville, ON, March 2, 2003
42) “War and the Erosion of Rights”
Symposium on the Long Term Implications of War in Iraq, Canadian Friends of Sabeel, Canadian Ecumenical Justice Initiatives (KAIROS), and the Near East Cultural and Educational Foundation (NECEF), University of Toronto, Toronto, ON, Feb. 20, 2003
43) “The Canadian Jihad: Canadian Muslims Post 9/11”
Ontario Institute for Studies in Education, University of Toronto, Toronto, ON, Jan. 31, 2003
44) “The Changing World: The War on Terrorism and Canadian Muslims”
Students’ Union, University of Windsor, Windsor, ON, July 2002
45) “From Civil Liberties to Foreign Policy – Impact on Canadian Muslims”
Islamic Society of North America 28th Annual Convention, Toronto, ON, May 17, 2002
46) “Defending Civil Liberties After 9/11”
Other panellists included Prof. Ed Morgan and Prof. Sharry Aiken
University of Toronto Law School, Toronto, ON, Oct. 15, 2002
47) “Hate Crimes: Legislation and Legal Remedies”
Conference on Hate Crimes, Centre for Research-Action on Race Relations (CRARR)
Montreal, PQ, March 21, 2002 to March 22, 2002
