Ted Palys Articles/Papers Page

This page makes available articles that might otherwise prove difficult to obtain or were published in open access journals. You are welcome to download copies of any paper you wish as long as (a) you do not make money from its distribution; and (b) you acknowledge the original source whenever the ideas are referred to or a quote is used. They are listed in reverse chronological order.

· Ted Palys (2024). Wet’suwet’en hereditary chief is ‘prisoner of conscience’ after failure of Delgamuukw ruling 25 years ago. The Conversation, 8 August.

· Ted Palys and Michaela McGuire (2024). The Haida-BC agreement was a landmark deal, but where was Canada? The Conversation, 22 July.

· Zena Rossouw and Ted Palys (2024). “Baggage in the business”: The investigative challenges of serial homicide. The Police Journal, online first.

· Ted Palys and James Turk (2024). Should Canadian Criminologists have statute-based protections for research participant confidentiality? A report on national developments. Paper presented at the annual meetings of the Western Society of Criminology, Long Beach, California, Feb/2024.

· Ted Palys (2023). Comments on Draft SFU Research Ethics Policy R20.01

· Ted Palys (2023). Complaint to the Secretariat on Responsible Conduct of Research regarding the Administration of Simon Fraser University for Violations of TCPS2 Provisions Regarding Institutional Conflict of Interest and REB Independence.

· Ted Palys (2023). Putting research ethics and collegial governance at risk: Turmoil at SFU. Toronto Metropolitan University Centre for Free Expression blog, 6 February.

· Michaela M. McGuire (Jaad Gudghiliwah) and Ted Palys (2022). Grappling with the state: Self-determined Indigenous justice. Invited address to the BC Nurses Union Annual Human Rights Conference, Vancouver, BC, 30 November.

· Michaela M. McGuire (Jaad Gudghiliwah) and Ted Palys (2020). Toward sovereign Indigenous justice: On removing the colonial straightjacket. Decolonization of Criminology and Justice, 2(1), 59-82.

· Kolb, A., Palys, T., & Green, A. (2019). When you’re out, you’re not really out: Exiting strategies among gang-affiliated Chicanas. The Journal of Public and Professional Sociology, 11(2), Article 4.

· Ted Palys (December 2018). Comments on proposed revisions to SFU Ethics Policy R20.0.

· Ted Palys (28 April 2017). "Hope for the Best and Plan for the Worst": The State of Confidentiality Protection Policies in Canada. Speaking notes for a presentation as part of an invited panel at the annual national meetings of the Canadian Association of Research Ethics Boards (CAREB) held in Halifax, NS.

· Ted Palys (2016). The Cost of Free: Contemporary Internet Governance and the Future of Criminological Research. Paper presented at the annual meetings of the Western Society of Criminology.

· Ted Palys (3 March 2015). Indigenous Justice: A Long and Winding Road. Speaking notes for an invited keynote address to community consultation meeting hosted by Circle of Eagles Lodge (COEL) at the Vancouver Aboriginal Friendship Centre giving legal/historical background to the COEL's planned submission to create an Aboriginal Healing Centre in the Vancouver area under Section 81 of the Criminal Code.

· Ted Palys (16 October 2015). Research Confidentiality: Researcher and Institutional Responsibilities. Invited presentation at Langara College to Institutional REB and others. (video).

· Ted Palys & John Lowman (12 June 2014). When the Police Call, Researchers Require Backup. Times Higher Education.

· Ted Palys (2014). A Programme Evaluation of Vancouver Aboriginal Transformative Justice Services Society (VATJSS). Report prepared for VATJSS with funding from the Department of Justice Aboriginal Justice Strategy Capacity Building Fund.

· Ted Palys (2014). Who Do You Trust? Protecting Research Confidentiality to the Extent Permitted by Law. Keynote presentation to the annual meeting of the Canadian Association of Research Ethics Boards. Montréal, Quebec. (Slides only)

· Ted Palys (2013). Is the Government of Canada Living Up To Its Responsibilities Regarding Indigenous Justice Systems Under the UN Declaration? A report prepared on the occasion the October, 2013 visit to Canada of Dr. James Anaya, UN Special Rapporteur on the Rights of Indigenous Peoples.

· Ted Palys, Richelle Isaac, and Jana Nuszdorfer (2012). Taking Indigenous Justice Seriously: Fostering a Mutually Respectful Coexistence of Aboriginal and Canadian Justice. Research report prepared for Vancouver’s Downtown Community Court and Vancouver Aboriginal Transformative Justice Services.

· Ted Palys and John Lowman (2011). What’s Been Did and What’s Been Hid: Reflections on TCPS2. Comments on the final draft of the second edition of the Tri-Council Policy Statement: Ethical Conduct for Research Involving Humans, which was released in December 2010.

· Ted Palys and John Lowman (2010). Going Boldly Where No One Has Gone Before? How Confidentiality Risk Aversion is Killing Research on Sensitive Topics. Journal of Academic Ethics.

· Ted Palys and John Lowman (2010). TCPS-2's Enduring Challenge: How to Provide Ethics Governance While Respecting Academic Freedom. A submission to the Interagency Advisory Panel on Research Ethics regarding their December 2009 draft 2nd edition of the Tri-Council Policy Statement: Ethical Conduct for Research Involving Humans.

· Ted Palys and Chris Atchison (2009). Qualitative Research at the Gates of the Digital Age: Obstacles and Opportunities. Invited keynote address for the 10th Annual Advances in Qualitative Methods Conference of the International Institute for Qualitative Methodology; Vancouver, Canada.

· Ted Palys (2009). Submission Regarding a Prospective new Canadian Copyright Act. A submission to the Government of Canada's nationwide consultation on "copyright modernization."

· Ted Palys and John Lowman (2009). One Step Forward, Two Steps Back: Draft TCPS-2's Assault on Academic Freedom. A submission to the Interagency Advisory Panel on Research Ethics regarding their December 2008 draft 2nd edition of the Tri-Council Policy Statement: Ethical Conduct for Research Involving Humans.

· Ted Palys (2008). Basic Research. In Lisa M. Given (Ed.) (2008). The Sage Encyclopedia of Qualitative Research Methods. Sage: Thousand Oaks, CA, Vol.1, pp.57-59. See the Sage web site for more information.

· Ted Palys (2008). Purposive Sampling. In Lisa M. Given (Ed.) (2008). The Sage Encyclopedia of Qualitative Research Methods. Sage: Thousand Oaks, CA, Vol.2, pp.697-698. See the Sage web site for more information.

· Social Sciences and Humanities Research Ethics Special Working Committee (SSHWC) (2008). SSHWC Recommendations Regarding Privacy and Confidentiality. Report prepared for the Interagency Advisory Panel on Research Ethics.

· Ted Palys (2008). When Does Taser Use Become Torture? Submission to the Braidwood Inquiry on Police use of Conducted Energy Weapons in British Columbia.

· Ted Palys and John Lowman (2007). "Moving Ahead" or "More of the Same"?:  Comments on Moving Ahead: The Draft Report of the Experts Committee for Human Research Protection in Canada. [The "Experts Committee" is the creation of the self-appointed "Sponsors Table"; "Moving Ahead" is the EC's proposal for an accreditation system for research ethics.]

· Mary Blackstone, Lisa Given, Bernard Keating, Joseph Levy, Michelle McGinn, Ted Palys, and Will van den Hoonaard (2007). Comments on the Draft Report of the Experts Committee for Human Research Protection in Canada. [The authors of this submission are all members of SSHWC -- the Social Science and Humanities Working Committee on Research Ethics -- who are not directly involved with the Interagency Advisory Panel on Research Ethics (PRE) or the Secretariat on Research Ethics (SRE).]

· Ted Palys (2007). Do you want to know a secret? Do you promise not to tell? Community views on Privacy and Confidentiality. Invited paper prepared and presented on behalf of the Social Science and Humanities Research Ethics Working Committee at a PRE/NCEHR Pre-conference Workshop; Ottawa, Ontario, 16 February.

· Ted Palys and Wenona Victor (2007). “Getting to a Better Place”: Qwi:qwelstóm, the Stó:lō and Self-Determination. Pre-publication draft of a paper prepared under a Law Commission of Canada award within its Indigenous Legal Traditions initiative that appeared in an edited volume of papers published by UBC Press. See the UBC Press web site for more information.

· Social Sciences and Humanities Research Ethics Special Working Committee (SSHWC) (2006). Continuing the Dialogue on Privacy and Confidentiality: Feedback and Recommendations Arising from SSHWC’s Recent Consultation. Report of the SSHWC to the Interagency Advisory Panel on Research Ethics.

· The following three articles were offered as a debate in the Canadian Journal of Law and Society on the issue of whether there should be a statute-based privilege for research participant confidentiality along the lines of the "confidentiality certificates" and "privacy certificates" that are available in the United States:

o Ted Palys and John Lowman (2006). Protecting Research Confidentiality: Towards a Research-Participant Shield Law. Canadian Journal of Law and Society, 21(1), pp,163-185.

o Florence Piron (2006). Réponse à l’article « Protecting research confidentiality : towards a Research-Participant shield law », de Ted Palys et John Lowman. Canadian Journal of Law and Society, 21(1), pp,187-196.

o John Lowman and Ted Palys (2006). The Ethics of Research Confidentiality: A Response to Piron. Canadian Journal of Law and Society, 21(1), pp,197-198.

· Ted Palys and Wenona Victor (2005). Aboriginal Justice: Taking Control and Responsibility. Paper presented as part of a Law Commission of Canada symposium at the 30^th Annual Congress of the Canadian Criminal Justice Association. Calgary, Alberta; 28 October.

· Social Sciences and Humanities Research Ethics Special Working Committee (SSHWC) (2005). Reconsidering Privacy and Confidentiality in the TCPS: A Discussion Paper. Report of the SSHWC to the Interagency Advisory Panel on Research Ethics.

· Social Sciences and Humanities Research Ethics Special Working Committee (SSHWC) (2005). A Briefing Note to PRE Regarding Statute-Based Protections for Research Participant Privacy and Confidentiality. Prepared for PRE and the presidents of the granting agencies.

· Ted Palys and Wenona Victor (2005). "Getting to a Better Place": Qwi:qwelstóm, the Stó:lō Nation and Self-Determination. Paper presented as part of a Law Commission of Canada symposium on “Indigenous Legal Traditions” at a conference on “Law’s Empire” hosted by the Canadian Law and Society Association with the collaboration of the Association for Canadian Studies in Australia and New Zealand and the Australia and New Zealand Law and History Society. Harrison Hot Springs, BC; 27 June.

· Ted Palys (2005). Social Sciences and Humanities Research Ethics: Privacy and Confidentiality. Paper written and presented on behalf of the Social Sciences and Humanities Research Ethics Special Working Committee (SSHWC) at the Congress of the Canadian Federation of the Humanities and Social Sciences; University of Western Ontario; London, Ontario; 1 June.

· Ted Palys (2005). Privacy and Confidentiality from a Social Sciences and Humanities Perspective: A Work in Progress. Paper written and presented on behalf of the Social Sciences and Humanities Research Ethics Special Working Committee (SSHWC) at the 3rd Annual Conference of the Interagency Panel on Research Ethics, entitled Engaging Voices: Deliberating, Debating & Evolving the TCPS; Ottawa, Ontario; 4 March.

· Ted Palys and John Lowman (2004). Navigating Legal Waters with an Ethical Compass: The Law and Ethics of Research Confidentiality. Invited paper for a conference on “Ethics and the Social Sciences” organized by the University of Massachusetts Department of Sociology and the Graduate School of Arts and Sciences; University of Massachusetts at Amherst; 1 October.

· Ted Palys (2004). Resolving Conflicts Involving Indigenous Peoples: Lessons From the Search for "Indigenous Justice" in Canada. Intervention to the U.N Working Group on Indigenous Populations at its 22nd Session; July 19-23; Geneva, Switzerland.

· Ted Palys (2004). Ten Years After: Has Anything Changed During the Decade of the World's Indigenous Peoples? Invited paper presented at the Stó:Lō Nation Justice Conference held in Mission, BC, March 22-24.

· Social Sciences and Humanities Research Ethics Special Working Committee (SSHWC) (2004). Giving Voice to the Spectrum: Report of the SSHWC to the Interagency Advisory Panel on Research Ethics.

· Ted Palys and John Lowman (2004). Reconciling the Law and Ethics of Research Confidentiality. Invited paper presented at the National Conference of the National Council on Ethics in Human Research (NCEHR): Privacy Issues in Human Research. Aylmer, Québec: 6-7 March.

· Ted Palys and John Lowman (2003). Déjà Vu: Ogden Subpoenaed Again. [An Open Letter dated 28 January, to: Marc Renaud, President, Social Sciences and Humanities Research Council; Tom Brzustowski, President, National Science and Engineering Research Council; and Alan Bernstein, President, Canadian Institutes for Health Research, appearing on the National Council for Ethics in Human Research (NCEHR) national listserv.]

· Ted Palys (2003). Histories of Convenience: Images of Aboriginal Peoples in Film, Policy and Research. From H.N. Nicholson (Ed.) (2003). Screening Culture: Constructing Image and Identity. Lanham, MD: Lexington Books. pp.19-34.

· Ted Palys and John Lowman (2002). Anticipating Law: Research Methods, Ethics and the Law of Privilege. Sociological Methodology, 32, 1-17.

· Ted Palys (2001). Are Canada and BC Meeting International Standards Regarding the Rights of Indigenous Peoples? Stó:lō Nation and its Search for Justice. Paper presented at Stó:lō Nation Conference 2001: Bridging the Millennia, Bridging Cultural and Legal Traditions, April 5-7, 2001

· John Lowman and Ted Palys (2000). The Research Ethics Controversy at Simon Fraser University.

· Ted Palys and John Lowman (2000). Ethical and Legal Strategies for Protecting Confidential Research Information. (Paper published in Canadian Journal of Law and Society, 15(1), 39-80; reprinted here with permission from the journal.)

· Ted Palys (1999). Vancouver’s Aboriginal Restorative Justice Program: The Challenges Ahead. Aboriginal Justice Bulletin, 3(1), 2-3.

· John Lowman and Ted Palys (1999). Confidentiality and the 1997 ASA Code of Ethics: A Query. Footnotes (A Newsletter of the American Sociological Association). February issue, p.5.

o The 1997 revision of the ASA Code of Ethics changed the ASA's provisions regarding confidentiality in a manner that some authors interpreted as the ASA adopting a "law of the land" approach. Our letter to ASA querying that interpretation, and the Association's formal response, both published in Footnotes (and both reproduced here) show that is definitely not the case.

· John Lowman and Ted Palys (1999). Going the Distance: Lessons for Researchers from Jurisprudence on Privilege. Report submitted to the SFU Ethics Policy Revision Task Force.

· Ted Palys and John Lowman (1999). Informed Consent, Confidentiality and the Law: Implications of the Tri-Council Policy Statement. Report submitted to the SFU Ethics Policy Revision Task Force.

· John Lowman and Ted Palys (1998). The History of Limited Confidentiality at SFU. Report submitted to the SFU Ethics Policy Revision Task Force.

· Ted Palys and John Lowman (1998). Rejoinder to Bruce Clayman. A brief letter summarizing some of the main points of our rejoinder to Dr. Clayman that was published in the 8 September issue of Simon Fraser News. The hyperlink here is to the longer source document.

· John Lowman and Ted Palys (1998). The Liability of Ethics. Published in the 16 July issue of Simon Fraser News.

· John Lowman and Ted Palys (1998). When Research Ethics & the Law Conflict. Published in the June 1998 issue of the Canadian Association of University Teachers (CAUT) Bulletin.

· Ted Palys and John Lowman (1998). Abandoning "The Highest Ethical Standards": Research Ethics at SFU. Published in The Bulletin.

· John Lowman and Ted Palys (1997). SFU's Ethics Review Committee: A Law Unto Itself. Published in Simon Fraser News.

· Ted Palys (1997). Fifty years of human rights: The Universal Draft Declaration on Human Rights and its Legacy. Invited address to the Human Rights Fiftieth Anniversary Conference Celebration, held by the Canadian Human Rights Commission, the United Nations Association, and Kla-How-Ya, at the Vancouver Aboriginal Friendship Centre, 8 December 1997.

· Ted Palys (1997). Bulldozers in the Garden: Comments submitted to the Tri-Council Working Group regarding its July 1997 Draft Code of Conduct for Research Involving Humans.

· Ted Palys (1996). The Ethics of Ethics: Comments submitted to the Tri-Council Working Group regarding its March 1996 Draft Code of Conduct for Research Involving Humans.

· Ted Palys (1996). Histories of Convenience: Understanding Twentieth Century Aboriginal Film Images in Context. Paper presented at an international conference regarding Aboriginal peoples and film entitled Screening Culture: Constructing Image And Identity, held in York, Great Britain, by the Aboriginal Studies Circle of the British Association of Canadian Studies. 

· Ted Palys (1994). Statement of Dr. Ted S. Palys: Comments on the Statement by Dr. Neil Malamuth. Report prepared for Arvay Findlay, the law firm that represented Little Sister's Book and Art Emporium in the case of Little Sister's v The Queen, which was heard in BC Supreme Court in 1994.

· Ted Palys (1993). Considerations for Achieving "Aboriginal Justice" in Canada. Paper presented at the annual meetings of the Western Association of Sociology and Anthropology.

· Ted Palys (1993). Constructing Organizations: Methods of Research, Methods of Change. Invited address at the Séminare de doctorat en management at Université Laval, in Quebec City, Canada.

· Ted Palys (1993). Prospects for Aboriginal Justice in Canada. A position paper written for myself.

· Ted Palys (1990). Ideology, Epistemology, and Modes of Inquiry: Aboriginal Issues, Trajectories of Truth, and the Criteria of Evaluation Research. Paper presented at a meeting of the West Coast Law and Society Group (which includes faculty members from UVic Law, UBC Law, and SFU Criminology).

· Ted Palys (1989). Addressing the "Third Criterion" in Experimentalist Research: Towards a Balance of Manipulative and Analytic Control. In I. Benbasadt (Ed.) The Information Systems Research Challenge:  Experimental Research Methods.  Boston:  Harvard University Business School, pp. 133-146.

· Ted Palys (1988). The Profs and Profits Picture. Letter published in Canadian Business in response to an article regarding what then was a "new" phenomenon of an the increasing number of professors and universities getting involved in "partnerships" with business and seeking profit-making opportunities.