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Articles 1 - 5 of 5
Full-Text Articles in Law
On Being A Second: Grace Wambolt, Legal Professionalism And 'Inter-Wave' Feminism In Nova Scotia, Elizabeth Legge
On Being A Second: Grace Wambolt, Legal Professionalism And 'Inter-Wave' Feminism In Nova Scotia, Elizabeth Legge
Dalhousie Law Journal
Grace Wambolt was the fifth female graduate of Dalhousie Law School and the second woman to practise law in Nova Scotia. She was one of the relatively few female lawyers in Canada (up to the influx of the nineteen-seventies) who practiced law following the push by the first female lawyers for the elimination of formal barriers to practice. This paper examines the similarities and differences between the "firsts" and those who followed them, primarily by looking at the life of Wambolt and her letters and speeches preserved in the Wambolt fonds located in the Nova Scotia Archives and donated by …
A Constitutional Future For Abortion Rights In Canada, Joanna Erdman
A Constitutional Future For Abortion Rights In Canada, Joanna Erdman
Articles, Book Chapters, & Popular Press
In 2015, Abortion Access Now PEI legally challenged the restrictive abortion policy of Prince Edward Island. This article studies their challenge as a unique case in the building of a constitutional future for abortion rights in Canada. The article tracks how AAN PEI drew on classic rule of law arguments of transparency, accountability, and constitutional justice to shape and claim abortion rights as democratic rights, an entitlement to fully and equally participate in and benefit from the health care system as a fundamental social institution of the state.
Judging Sexual Assault Trials: Systemic Failure In The Case Of Regina V Bassam Al-Rawi, Elaine Craig
Judging Sexual Assault Trials: Systemic Failure In The Case Of Regina V Bassam Al-Rawi, Elaine Craig
Articles, Book Chapters, & Popular Press
The recent decision to acquit a Halifax taxi driver of sexual assault in a case involving a very intoxicated woman, who was found by police in the accused’s vehicle unconscious and naked from the breasts down, rightly sparked public criticism and consternation. A review of the trial record in Al-Rawi, including the examination and cross-examination of witnesses, the closing submissions of the Crown and defence counsel, and the trial judge’s oral decision suggests a failure of our legal system to respond appropriately to allegations of sexual assault - a failure for which, the author argues, both the trial judge and …
Theorizing Time In Abortion Law And Human Rights, Joanna Erdman
Theorizing Time In Abortion Law And Human Rights, Joanna Erdman
Articles, Book Chapters, & Popular Press
The legal regulation of abortion by gestational age, or length of pregnancy, is a relatively undertheorized dimension of abortion and human rights. Yet struggles over time in abortion law, and its competing representations and meanings, are ultimately struggles over ethical and political values, authority and power, the very stakes that human rights on abortion engage. This article focuses on three struggles over time in abortion and human rights law: those related to morality, health, and justice. With respect to morality, the article concludes that collective faith and trust should be placed in the moral judgment of those most affected by …
Welcome To The Revolution, Kim Brooks
Welcome To The Revolution, Kim Brooks
Articles, Book Chapters, & Popular Press
If you were able to close your eyes in 1867 and open them in 2017, you’d find that Canada was a surprisingly different place. Women have made sure of that.
The revolution has come along two axes. First, there is the dramatic increase in women’s participation in every aspect of public life—from education to the paid workforce, to public office, to science and the arts. Second, there is the effect of that engagement on the way Canada has evolved. If you could close your eyes again, take women’s public participation out of the equation, and then open them, Canada would …