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Sexuality and the Law

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Articles, Book Chapters, & Popular Press

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Canada

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Full-Text Articles in Law

Constitutionalizing Abortion Rights In Canada, Joanna Erdman Jan 2018

Constitutionalizing Abortion Rights In Canada, Joanna Erdman

Articles, Book Chapters, & Popular Press

This article endeavours to understand the feminist activism from which constitutional abortion rights in Canada were born in the landmark Supreme Court case of R v Morgentaler 1988, and the influence of these rights on continued feminist activism for reproductive justice. Part I reviews abortion practice in the ‘back-alley’ prior to and immediately after the 1969 criminal reform with attention to the direct service activism of liberation feminists in their campaign to repeal the abortion law as a matter of constitutional justice. Part II turns to adjudication in the courts to study how judicial reasoning channelled these constitutional claims, exploring …


Counting Outsiders: A Critical Exploration Of Outsider Course Enrollment In Canadian Legal Education, Kim Brooks, Natasha Bahkt, Gillian Calder, Jennifer Koshan, Sonia Lawrence, Carissima Mathen, Debra L. Parkes Jan 2007

Counting Outsiders: A Critical Exploration Of Outsider Course Enrollment In Canadian Legal Education, Kim Brooks, Natasha Bahkt, Gillian Calder, Jennifer Koshan, Sonia Lawrence, Carissima Mathen, Debra L. Parkes

Articles, Book Chapters, & Popular Press

In response to anecdotal concerns that student enrollment in "outsider" courses, and in particular feminist courses, is on the decline in Canadian law schools, the authors explore patterns of course enrollment at seven Canadian law schools. Articulating a definition of "outsider" that describes those who are members of groups historically lacking power in society, or traditionally outside the realms of fashioning, teaching, and adjudicating the law, the authors document the results of quantitative and qualitative surveys conducted at their respective schools to argue that outsider pedagogy remains a critical component of legal education. The article situates the numerical survey results …