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01-06-2011 Proceedings Canadian Reference Case Day 16

01-06-2011 Proceedings Canadian Reference Case Day 16

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Published by borninbrooklyn
Testimony and Cross Examination of Prof Rebecca Cook, a witness for the Attorney General of British Columbia
Testimony and Cross Examination of Prof Rebecca Cook, a witness for the Attorney General of British Columbia

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Published by: borninbrooklyn on Feb 16, 2011
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1Preliminary matters1 January 6, 20112 Vancouver, B.C.34 (DAY 16)5 (PROCEEDINGS COMMENCED AT 10:00 A.M.)67 THE CLERK: Order in court. In the Supreme Court of8 British Columbia at Vancouver on this 6th day of9 January, 2011, recalling the matter concerning the10 constitutionality of section 293 of the Criminal11 Code, My Lord.12 THE COURT: Sorry, I was delayed in my office.13 MR. REIMER: My Lord, for the record Keith Reimer14 appearing for the Attorney General of Canada this15 morning.16 This morning the Attorney General of Canada17 is calling Professor Rebecca Cook to provide18 evidence in this proceeding. Professor Cook is19 already in the witness box. Canada is tendering20 Professor Cook as an expert in international human21 rights law with a particular focus on women's22 rights and states' obligations under international23 human rights law. Perhaps at this time Professor24 Cook could be sworn.2526 REBECCA COOK, a witness27 called for the AG of28 Canada, sworn.2930 THE CLERK: Please state your full name and spell your31 last name for the record.32 THE WITNESS: Rebecca Johnson Cook. My last name,33 Cook, is spelled C-o-o-k.34 THE COURT: Please have a seat, Professor.35 MR. REIMER: My Lord, an expert report prepared by36 Professor Cook has already been filed in these37 proceedings I believe it was marked as Exhibit 42,38 if the court has that. Just confirm, Professor39 Cook, you have a copy of your report as well?40 THE WITNESS: Yes, I do.41 MR. REIMER: The report filed by Professor Cook42 attaches at the back of it following page 105 a43 copy of Professor Cook's a curriculum vitae. And44 what I propose to do at this time is to take45 Professor Cook through her CV and her46 qualifications to provide expert evidence on this47 matter.
 
2Rebecca Cook (for AG of Canada)In chief on qualifications by Mr. Reimer12 EXAMINATION IN CHIEF ON QUALIFICATIONS BY MR. REIMER:3 Q Professor Cook, I understand from your CV that you4 received your doctorate in law from Columbia5 University in New York city in 1994?6 A Yes, I did.7 Q And your doctorate dissertation is in the area of8 international human right law, and more9 particularly on the application of the10 International Convention on the Elimination of all11 Forms of Discrimination Against Women?12 A Yes.13 Q And perhaps just to clarify some language right at14 the beginning of today's proceedings, I understand15 the International Convention on the Elimination of16 all Forms of Discrimination Against Women, which17 is quite a long moniker, is often referred to as18 CEDAW or even more commonly as the Women's19 Convention; is that correct?20 A Yes.21 Q Before receiving your doctorate you received your22 masters in law from Columbia University in 1988?23 A Yes.24 Q And your masters thesis was again in the area of25 international human rights law and more26 particularly the application of the Women's27 Convention?28 A Yes.29 Q You were called to the bar in Washington D.C. in30 1983?31 A Yes.32 Q And that was after receiving your law degree from33 Georgetown University in 1982?34 A Correct.35 Q And before attending law school you considered a36 masters degree in public administration at Harvard37 University?38 A Yes.39 Q Now, I understand from your CV that you're40 currently a professor of law and the chair of41 international human rights law in the faculty of42 law in the University of Toronto?43 A Yes.44 Q And how long have you been a professor at the45 University of Toronto?46 A I started at the University of Toronto in 1987.47 Q And at that time, after becoming a professor, you
 
3Rebecca Cook (for AG of Canada)In chief on qualifications by Mr. Reimer1 became a director of the human rights program in2 the faculty of law?3 A Yes.4 Q And you've subsequently become the chair of5 international human rights law at Toronto?6 A Yes.7 Q And I understand as the chair in international8 human rights law you are the senior professor in9 international human rights law at the university?10 A That's correct.11 Q Can you briefly tell the court some of the courses12 that you teach in the faculty of law?13 A I teach international women's rights, I teach a14 course in reproductive and sexual health law.15 Those are the two courses that I taught this year.16 And I've also taught international human rights17 law, the general basic course in international18 human rights law.19 Q And are those courses -- are those graduate level20 courses?21 A Yes, they include graduate students and also JD22 students.23 Q And as an aspect of your course on international24 women's rights do you teach a section on polygamy?25 A Yes, I teach a class on polygamy.26 Q And in addition to teaching those courses are you27 also involved in supervising masters and doctoral28 thesis in the faculty of law?29 A Yes.30 Q And those theses focus generally on international31 human rights law?32 A Yes, and more particularly international women's33 rights.34 Q Now, I see from your CV that in addition to being35 a professor in the faculty of law, you're also a36 professor in the faculty of medicine in the37 University of Toronto?38 A Yes, where I teach medical ethics and health and39 human rights.40 Q And the course in health and human rights, does41 that include aspects of international human rights42 law as well?43 A Yes.44 Q In your CV on pages 1 and 2 you list several other45 positions that you currently hold, including a46 position as an instructor at the Academy of Human47 Rights at the Washington School of Law at the

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