Schulich School of Law
HALIFAX, NOVA SCOTIA | CANADA B3H 4H9 | +1 (902) 494-3495

A. Wayne MacKay

Wayne MacKay is appointed to the Order of Canada by Governor General Michaelle Jean.
C.M., Q.C., B.A. (Mt. Allison), M.A. (Florida), B.Ed. (Mt. Allison), LL.B. (Dal.)

Professor of Law

Telephone: 902 494-1032
Fax: 902 494-1316
E-mail: wayne.mackay@dal.ca

Biography: Wayne MacKay has had a distinguished career as a university administrator, legal scholar, respected teacher, and constitutional and human rights expert. He has served as President and Vice-Chancellor of Mount Allison University, an advisor to Governments, National Agencies and Tribunals on Canadian diversity issues, constitutional issues, and civil rights and human rights initiatives. Most recently he has returned to teaching as Professor of Law, at Dalhousie University. In June, 2005 he was appointed a member of the Order of Canada.

Noted for his teaching, innovative research and writing, Professor MacKay has been honored by universities, faculty and colleagues for his outstanding contributions to academic excellence. He is Canada’s leading authority on Education Law, and has written several books on this complex subject. He has written more than 75 academic articles in the fields of Constitutional law and human rights.

As a Professor of Law for more than 20 years at Dalhousie University’s respected Faculty of Law, Professor MacKay earned a reputation for strong commitment to the teaching and learning experience. His concern for accessibility and equity within the Canadian legal system prompted him to be part of envisioning and implementing the law program for Indigenous Blacks and Micmacs at the Law School. He became the law program’s first director, and in recognition of his continuing commitment and contribution to diversity initiatives, the Nova Scotia Government appointed him Executive Director of the Nova Scotia Human Rights Commission in 1995.

His broad knowledge, background, and distinguished record of achievement have resulted in a high demand for his wise counsel as a legal consultant and change agent. He speaks to diverse audiences on constitutional reform and Charter of Rights issues. His respected opinions are sought by academics, public policy makers, government, community leaders, and the local and national media. In 2005 Professor MacKay conducted a year long review of inclusive education in New Brunswick and generated a major report for the New Brunswick Government on reforming the education system in that province.

Professor MacKay has received numerous awards and special recognition for his achievements, including the WPM Kennedy Memorial Award for the most distinguished Law Professor in Canada, and the Walters Taronopolsky Award for achievement in the field of Human Rights. He was also appointed a Paul Harris Fellow by Rotary International in February 2005 and a member of the Order of Canada in June, 2005 and Queen's Counsel in May, 2009.

He has served on several royal commissions, university task forces, and professional practice committees of the Canadian Bar.  He is a prior member of the Nova Scotia Pay Equity Commission, has sat as a Tribunal Member for the Canadian Human Rights Commission and the Nova Scotia Human Rights Commission. He also serves as a member and director of the latter body at different times. He is an active member of Lawyers for Social Responsibility, the Canadian Association of Law Teachers, and, is Strategic Counsel for the International Centre for Human Rights and Democracy, based in Montreal.  He has also served as Vice Chair of this International Center. 

Recent distinctions: Appointed as member of the Order of Canada in June 2005. Served a term as President and Vice Chancellor of Mount Allison University, Sackville, New Brunswick, (2001-2004); Director of the Nova Scotia Human Rights Commission (1995-1998); Recipient of the Dalhousie University’s 2001 Alumni Award of Excellence for Teaching; Winner of the Kennedy Memorial Award for Outstanding Excellence in Teaching Law (National Law Teacher Award) 1999; Recipient of the Hon. Walter S. Tarnopolsky National Award for Achievements in the Field of Human Rights (Awarded by International Committee of Jurists), 2001; Appointed Vice Chair of the International Center for Human Rights and Democratic Development, 2003-2006 and now serves as Strategic Counsel to the Center.

Teaching subjects: Nationally recognized teacher and scholar, and accomplished author in the areas of Constitutional Law, the Charter of Rights, Human Rights, Privacy Law and Education Law. In addition to teaching courses in the previous areas, he has also taught Administrative Law, Criminology and Aboriginal Rights.

Research interests and publications: Primary areas of research include Constitutional Law, Public Law, the Charter of Rights, Education Law, Criminal Law, Human Rights and Privacy Law.  Author of five books in Education Law and currently working on a sixth one. Published in excess of 75 scholarly articles and comments and delivered more than 100 conference presentations.

Selected recent publications:

Books:

  • A. Wayne MacKay, Connecting, Care and Challenge: Tapping Our Human Potential, Inclusive Education: A Review of Programming and Services in New Brunswick.  Submitted to the New Brunswick Department of Education in December, 2005 and available on the Department web page and from the Department in hard form.
  • A. Wayne MacKay & Lyle Sutherland, Teachers and the Law, 2nd ed. (Toronto: Edmond-Montgomery Ltd., 2006).  Updated and significantly revised edition that is double the length of the 1st edition.

Articles:

  •  A. Wayne MacKay, “Social and Economic Rights in Canada: What Are They and Who Can Best Protect Them?” (with the assistance of Natasha Kim), in B. Adell and J. Magnet (eds.), Canadian Rights and Freedoms: 25 Years under the Charter (Toronto: Butterworths, 2009). Also a special volume (2009) 45 Sup. Ct. Law Rev. 385.
  •  A. Wayne MacKay, “The Lighthouse of Equality: A Guide to Inclusive Schooling” in M. Manley-Casimir (ed.) The Courts, the Charter and the Schools (Toronto: Univ. of Toronto Press, 2009) at .
  • A. Wayne MacKay, “Safe and Inclusive Schools – Expensive … Quality Education – Priceless. For Everything Else There’s Lawyers!” (2008) 18 Education Law J. 21.
  •  “Author’s Summary Connecting Care and Challenge: Tapping Our Human Potential – Inclusive Education: A Review of Programming and Services in New Brunswick” (2007) 17 Educ. Law J. 37-104 (R).
  •  “In Defence of the Courts” A Balanced Judicial Role in Canada’s Constitutional Democracy” (2007) 21 National Journal of Constitutional Law 183-244 (R).
  • “Human Rights in the Global Village: The Challenges of Privacy and National Security” (2006) 20 National Journal of Constitutional Law 1-46 (R).
  • “A. Wayne MacKay and Tina Piper, “The Domestic Implementation of International Law: A Canadian Case Study” in Errol Mendes, ed., Bridging the Global Divide on Human Rights: A Canada-China Dialogue (Toronto: Ashgate Publishing, 2003), 111-131.
  • A. Wayne MacKay & Monica McQueen, “Public Inquiries and the Legality of Blaming: Truth, Justice and the Canadian Way” in Alan Manson and David Mullan, eds., Commissions of Inquiry: Praise or Reappraise (Toronto, Irwin Law, 2002), 249-292.

Lawyering, consultation and government advice: Admitted Barrister and Solicitor of the Supreme Court of Nova Scotia, September 1, 1980. Appointed Queen's Counsel by the Lieutenant Governor of Nova Scotia in May, 2009.  Independent legal consultation and association with other lawyers and legal firms (specifically affiliated with Pink Breen Larkin 1988 - 1995). Argued leading cases in Charter of Rights, Education and Constitutional law, including minority language rights in Nova Scotia, school closings, integrating the mentally disabled in schools, and the presumption of innocence in criminal law.

Drawing upon his expertise in Constitutional Law and human rights, Professor MacKay has given advice to governments at the provincial and federal levels.  In his capacity as Strategic Counsel for the Rights and Democracy Board, he has also been involved on the international stage.

Broad experience as a senior level media personality at local and national levels, providing high profile commentary in print, radio and television, Professor MacKay is in high demand on the conference circuit, and as a popularizer of law for lay audiences.

Courses: