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Mahoney has a JD from the University of British Columbia, an LLM degree from Cambridge University and a Diploma in International Comparative Human Rights from the Strasbourg International Human Rights Institute in France. She is Professor of Law at the University of Calgary of over 30 years standing and Queen’s Counsel of the Alberta Bar. Her teaching areas of expertise are Feminist Legal Theory, Indigenous Legal Traditions, International Human Rights and Humanitarian Law, Canadian Constitutional Law, Domestic Human Rights Law, and the law and theory of Torts. She has been a judicial educator in Canada, South Africa, Australia, New Zealand, Sri Lanka, India, Israel, Viet Nam and the United States, specialising in equality and gender bias in judicial decision making.
Mahoney was a founder of the Women’s Legal Education and Action Fund (LEAF). She participated on the organization’s Legal Committee for 10 years, formulating and making submissions before the Supreme Court of Canada which resulted in many ground breaking decisions in the areas of gender equality including sexual assault, marital rape, sexual harassment, spousal support on marriage breakdown, equality of treatment for immigrant and indigenous women, limits on freedom of expression in pornography and hate propaganda as it affects women, minority groups and LBGTQ citizens, and numerous other cases involving women’s equality issues. In addition to her LEAF work, she was the lead counsel for NIICHRO, (National Inuit and Indigenous Community Health Representatives Organization) achieving the first and largest pay equity award ($45M) for discrimination against indigenous health workers, ever awarded under the Canadian Human Rights Act.
Mahoney was also the Chair of Board the International Center for Human Rights and Democratic Development for 6 years where women’s issues were a central feature of the Center’s work around the world. In 2006, Kathleen was named to be the Canadian Director of a 5 year project on judicial development and grassroots engagement in Vietnam which also focused on the promotion of women’s equality before the courts and in judicial education in that country. In 2009, she was a member of the International Bar Association's mission to the Democratic Republic of Congo to review the justice system and advise on a reformative plan.
Kathleen Mahoney was Chief Negotiator for the Assembly of First Nations with respect to Canada’s Indigenous peoples claim against Canada and major religious denominations for the Indian Residential School policy and the abuse inflicted on students, achieving the largest financial settlement in Canadian history for the mass human rights violations against the indigenous peoples of Canada as well as the most unique and holistic settlement addressing harms and reparations informed by indigenous perspectives, including women’s perspectives, ever awarded. She was the primary architect of the Truth and Reconciliation Commission of Canada and led the negotiations for the historic apology from the Canadian Parliament and from Pope Benedict XVI at the Vatican in a private audience with her clients. Eventually leading to Pope Francis' apology on April 1, 2022, to a 30-member delegation and a public audience at the Vatican. Pope Francis travelled to Maskwacis, Alberta, Canada and on July 25, 2022 to apologize in front of over 1000 survivors and their families. Subsequent to the Indian Residential School settlement agreement, she successfully represented over 250 individual rural indigenous survivors in their individual claims of sexual and physical abuse experienced in the Indian Residential Schools before adjudicated tribunals, often having preparatory discussions and hearings with them in their homes on reserves, in First Nation community centers, hospices and other non-traditional rural venues.
A new independently produced series will encourage Canadians to learn about Indigenous history through powerful personal narratives and engage directly with Truth and Reconciliation.
Hosted by award-winning Canadian broadcast journalist Lisa LaFlamme and featuring interviews with prominent First Nations leader Phil Fontaine and internationally recognized human rights expert Kathleen Mahoney, Understanding Indigenous History: A Path Forward, aims to help viewers navigate and understand the complex tapestries of Indigenous history and Truth and Reconciliation in Canada.
Whether used in classrooms, libraries, homes or in workplaces, these videos will spark interest and ignite a passion for lifelong learning and understanding, bridging the past with the present to pave the way for a brighter future.
“All good teaching is about transformation – individual, collective and institutional,” said Phil Fontaine and Kathleen Mahoney. “Each of these levels is needed to foster reconciliation for all wrongs done to Indigenous peoples in Canada. We hope this series assists in some small way towards that end.”
This compelling six-part series explores the oral history of the origins of Indigenous peoples before European settlers arrived on the land that became Canada, treaties and the fur trade, the impact of assimilation, leadership and governance within First Nations communities, Indigenous law and the 94 calls to action from the Truth and Reconciliation Commission of Canada.
“This is a history lesson that won’t feel like a lesson at all,” said Lisa LaFlamme. “It’s a conversation that we all need to engage in and I’m so grateful to Phil and Kathleen for leading the way.”
“As an institution of higher learning, the best way UCW can contribute to furthering Truth and Reconciliation in Canada is through what we know best – education,” said Dr. Bashir Makhoul, President and Vice-Chancellor of University Canada West. “I invite all Canadians to watch and share the videos, and to witness and engage in this important conversation.”
These educational videos seek to empower people across Canada — in classrooms and workplaces and from their homes — to join in on a national journey toward Truth and Reconciliation.
The first two episodes of Understanding Indigenous History: A Path Forward will be available to watch on YouTube at 7 pm ET on Wednesday, April 10.
By sharing their lived experiences and profound understanding of Indigenous history and culture, Phil Fontaine and Kathleen Mahoney provide an immersive exploration of the trajectory of Indigenous peoples in Canada since initial contact. The video series offers an easy-to-follow but profound explanation of important topics including the origins of treaties, residential schools, the Indian Act, the Sixties Scoop, and the scars of colonialization that remain today.
Health Transformation Project, Southern Chiefs' Organization
Kathleen recently is Legal Advisor on the Health Transformation Project at the Southern Chiefs' Organization. Together with Rita Aggarwala and Patricia McGauley, they have written a Report to the Southern Chiefs' Organization called The SCO Response to Canada’s Co-Development Legislation for Indigenous Health Transformation. The purpose of the report is to addresses Indigenous health deficiencies and the legal and policy tools that will be necessary to address them. To further Canada’s and SCO member First Nations’ mutual goal of decolonisation in health, successful co-development of First Nations health legislation will be a crucial step towards achieving legislative reconciliation.
Kathleen Mahoney and her husband, Phil Fontaine, launched the Recognition2Action civic engagement campaign, started in 2017 to educate people about the role Indigenous peoples played in founding Canada.
The idea that Canada was founded by the British and French is incomplete. Indigenous peoples were here long before both and should be recognized as at least equal founders of this nation.
In 1996, the Royal Commission on Aboriginal Peoples observed, “A country cannot be built on a living lie.” Now is the time to complete the story.
We are calling on the federal government to adopt legislation that acknowledges Indigenous peoples as one of the founders of Canada. It’s time for the government to take action and make specific commitments to right this wrong. It’s time to turn recognition into action
This project is being carried out in collaboration with a broad network of Indigenous and Non-Indigenous organizations and individuals who have articulated statements of support.
Professor Mahoney has also been recognized by First Nations Communities in Manitoba and British Columbia in blanket and naming ceremonies commemorating her work on the Indian Residential School Settlement Agreement. In 2017 she was awarded the “She Who Dares” award from the YWCA as one of the 150 women in Alberta over the past 150 years who have had a significant impact on women’s equality. This is in addition to her earlier “Woman of Distinction Award” from the YWCA.
She has held or is holding Visiting Professorships or Fellowships at Harvard University, The University of Chicago, Adelaide University, University of Western Australia, Griffiths University, the National University of Australia and Ulster University in Belfast. Professor Mahoney is a Fellow of the Royal Society of Canada, Queen’s Counsel, a Trudeau Fellow, a Fulbright and Human Rights Fellow (Harvard), Sir Alan Sewell Fellow (Griffiths University Australia). She was recently appointed Raoul Wallenberg Centre for Human Rights Canadian Co-Chair.
Publications, Chapters in Books, Law Journal Articles, Reports
Kathleen Mahoney, “Responsibility or Impunity for Mass Toxic Environmental Destruction: The Aguinda v Chevron case” in Ecological Integrity and Land Uses: Sovereignty, Governance, Displacements and Land Grabs, Routledge Press Taylor and Francis Group, (2019).
Kathleen Mahoney, Oonagh Fitzgerald eds., Environmental Challenges on Indigenous Lands – An essay series on international, domestic and Indigenous legal responses to a global environmental crisis, Center for International Governance and Innovation (CIGI) https://www.cigionline.org/environmental-challenges-indigenous-lands (2019).
Kathleen Mahoney, “Reforming Reparations for mass human rights abuses: A Canadian Model” in The Role of Integrity in the Governance of the Commons, Governance Ecology, Law Ethics, Routledge Press, Taylor and Francis Group, (2018).
Kathleen Mahoney, “Re-imagining the Rule of Law to include indigenous Legal Traditions” in Canada and the Rule of Law: 150 Years after Confederation/ Le Canada et la primauté du droit: 150 ans après la Confédération (International Commission of Jurists-Canada, 2017).
Kathleen Mahoney, "Roadblock to Reconciliation: Canada's Origin Story," Canadian Issues Who Founded Canada?, ACS-AEC, Canadian Heritage (2016).
Kathleen Mahoney, “Climate Change Challenges in Law and Ethics: Can Individual and Collective Rights be Protected? In The Common Good and the Role of Ecological Integrity, Routledge Press, Taylor and Francis Group, (2016).
Kathleen Mahoney “Reconciliation and the Indian Residential Settlement: Canada’s Coming of Age? In Ecological Systems Integrity: Governance, law and human rights, edited by Laura Westra and Janice Gray, Vasiliki Karageorgou, Routledge Press, Taylor and Francis Group (2015).
Kathleen Mahoney “Human Rights and Equality Under Attack: The Difficult Challenge Ahead” in Myth and Reality of Human Rights, edited by Dr. Jagdeep Singh Oxford Book Company (2015).
Kathleen Mahoney “Canadian Avatar: Reshaping Relationships Through Indigenous Resistance” in The Earth Charter, Ecological Integrity and Social Movements, edited by Laura Westra and Mirian Viela, Routledge Press, Taylor and Francis Group, (2014).
Kathleen Mahoney “Globalized Hate Discrimination and the Challenges to Human Rights at Home and Abroad”, in Human Health and Ecological Integrity: Ethics, Law and Human Rights, by Earthscan, an imprint of the Taylor and Francis Group, (2012).
Kathleen Mahoney “What is Justice?” Vol. 2, (2010) p. 130- 159, in The Trudeau Papers, Pierre Elliot Trudeau Foundation, ISBN 978-2-9810838-90, (2010).
Kathleen Mahoney “Hate Speech Dichotomies: Does it have to be That Way?” in The Study of Human Rights, Prof. Xu Xanming ed., Shandong People’s Publishing House, Peking University, China. (peer reviewed)( 2010).
Kathleen Mahoney “Section 15 Equality Rights” in Constitutional Law Casebook. G. Gall et al eds. Butterworths (2006), new edition, (2009)., (peer reviewed).
Kathleen Mahoney “Canadian Approaches to Equality Rights and Gender Equity in the Courts” in Protection of an Individual Against Discrimination, New Justice Publishing, Russian Academy of Sciences, Moscow, Russia, (peer reviewed) (2006).
Kathleen Mahoney “Canadian Values in the World Community” in Building Trust, Balancing Global Power, The Sheldon Chumir Foundation, (2005).
Kathleen Mahoney "Constitutional Protection of Free Speech and the Protection of Children" in Essays in Honor of Gerald Beaudoin (2001) University of Montreal, QC. (peer reviewed).
Law Journal Articles and Published Conference Proceedings: Since 2000
Kathleen Mahoney “Indigenous Laws and Human Rights Uprisings”, Journal of Diplomacy and International Relations, Seton Hall University, Vol. 21, 2, Spring/Summer 2020, 108-127. http://blogs.shu.edu/journalofdiplomacy/files/2020/07/Human-Rights-An-Uprising-Volume-XXI-Number-2.pdf
Kathleen Mahoney and Patricia Lundy “Representing Survivors: A Critical Analysis of Recommendations to Resolve Northern Ireland’s Historical Child Abuse Claims”, The annual review for interdisciplinary justice studies, The University of Winnipeg, Vol. 7, Winter 2018ISSN 1925-2420.
Kathleen Mahoney “Reparations for Mass Human Rights Abuses Against Indigenous Peoples: Essential Elements for Reconciliation”, University of New Brunswick Law Journal, Vol. 69, 198 (peer reviewed) (2018).
Kathleen Mahoney “The Evolution of Equality Law in Canada”, in Legislating for Equality: Challenges Ahead published by Singapore National University Human Rights Center, Seoul, Korea (2018).
Kathleen Mahoney “Hate Speech Discrimination in a Globalized World: Re-thinking Harms and Limits”, Constitutional Renewal in Canada and Turkey: Identities, Rights and Institutions, Springer International Publishing AG, Cham (2018).
Kathleen Mahoney “Judicial Bias: The Ongoing Challenge”, 2015 J. Disp. Resol. (2015) University of Missouri Law Journal, http://scholarship.law.missouri.edu/jdr/vol2015/iss1/4
Kathleen Mahoney “The Settlement Process: A Personal Reflection” (2014) UTLJ. DOI:10.3138/utlj.2485. University of Toronto Law Journal, (peer reviewed)
Kathleen Mahoney “When Evidence Trumps Ideology”, CBA National Magazine, special Charter edition, (March 2012) at p. 19.http://www.cba.org/CBA/National/Main
Kathleen Mahoney “Citizenship, Democracy and Hate Speech in Canada,” Common Law World Review, D. Clark and K. Stanton Eds. Vathek Publishing (2010) Vol.39, University of Bristol, UK.
Kathleen Mahoney “Equality and the State of Canadian Law” Wake Forest Law Review, (2009), Vol. 44 No. 2, p. 321-351. (peer reviewed) Wake Forest University, Raleigh, NC, USA.
Kathleen Mahoney “Should There be a Human Right to Water?” Conference Proceedings Liidlii Kue, Denendeh, Fort Simpson NWT, Keepers of the Water Watershed Gathering, (2006).
Kathleen Mahoney “Human Rights and Human Responsibilities in the Age of Terrorism,” Conference Proceedings, Interaction Council, Santa Clara University Markkula Center for Applied Ethics (2005) (on line). Santa Clara Calif. USA.
Kathleen Mahoney “Substantive Equality and Access to Justice” in Walking Wisdom, A Creative Learning Experience, published by Interights Commonwealth Human Rights Initiative, South Asian Region, Conference for the Supreme Court of India, Delhi, India. (2005).
Kathleen Mahoney “Economic Social and Cultural Rights: The Case for Indian Residential School Compensation for Failure to Educate” Conference Proceedings John Humphrey Center, University of Alberta, (2003).
Kathleen Mahoney “International Law, Children’s’ Rights and the Sharpe Decision,” Conference Proceedings, National Judicial Institute, (2001).
Kathleen Mahoney “Balancing Customary Norms With Constitutional Equality Requirements.” Conference Proceedings, Legal Resources Center, Johannesburg, South Africa, (2001).
Kathleen Mahoney et al., Report on the PhD candidacy of Helen Kehoe, Legal Remedies, Truth Recovery and Illegal Adoptions: The Limits and Transformative Potential of Human Rights Law and Practice, National University of Ireland Galway (2020).
Kathleen Mahoney, “What Survivors want Part Two: A Compensation Framework for Historical Abuses in Residential Institutions” presented to the Northern Ireland Parliament, Belfast, UK (2017).
Kathleen Mahoney, Patricia Lundy, Historical Institutional Abuse: What Survivors Want from Redress, Part One, presented to the Northern Ireland Parliament, Belfast, UK (2016).
Kathleen Mahoney et al., “Re-building Courts and Trust: An Assessment of the Needs of the Justice System in the Democratic Republic of Congo”, (August 2009) (participating author) International Bar Association and the International Legal Assistance Consortium, publisher. http://www.ibanet.org/Document/Default.aspx? DocumentUid=54396461-F637-4842-AD27-416E63413AB9 (2009).
Kathleen Mahoney, Richard Devlin, Annual Published Reports on the Progress of the Vietnam JUDGE Project. Agiteam Canada, Calgary, Alberta (2007-2009).
Kathleen Mahoney, Richard Devlin, Report on Exploratory mission to Vietnam (to meet with Judiciary and Judicial Education Institutions to prepare for the development of a judicial education project), Agriteam, Canada, Calgary Alberta (2007).
Kathleen Mahoney Report on Settlement of Industrial School Claims for Abuse, a Fact Finding Mission to Ireland to Examine the, the Truth Commission and the Views of Survivors for the Assembly of First Nations, Canada (2004).
Kathleen Mahoney Report on Canada’s Dispute Resolution Plan to Compensate for Abuses in Indian Residential Schools for the Assembly of First Nations, Canada (2004).
Kathleen Mahoney Report and Recommendations with Respect to the Wearing of Traditional Hairstyles by Aboriginal Soldiers in the Military, for the Department of National Defense Government of Canada (2003)
Kathleen Mahoney Report and Recommendations with Respect to the Wearing of Traditional Hairstyles by Aboriginal Soldiers in the Military, for the Department of National Defense Government of Canada (2001).
