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- Women--Violence against (3)
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- Gérin-Lajoie, Marie, 1867-1945 (1)
Articles 1 - 29 of 29
Full-Text Articles in Law
Let’S Talk About Sexual Assault: Survivor Stories And The Law In The Jian Ghomeshi Media Discourse, Dana Phillips
Let’S Talk About Sexual Assault: Survivor Stories And The Law In The Jian Ghomeshi Media Discourse, Dana Phillips
Osgoode Hall Law Journal
The recent allegations against former Canadian radio host Jian Ghomeshi catalyzed an exceptional moment of public discourse on sexual assault in Canada. Following public revelations from several women who described being attacked by Ghomeshi, many others came forward with accounts of sexual violence in their own lives. Affirming feminist critiques of sexual assault law reform, many survivors drew on their experiences to expose the criminal justice system’s ongoing flaws in processing sexual assault cases. While some held out hope for the criminal law’s role in addressing sexual violence, most rejected its individualizing and retributive aspects. Instead, survivors emphasized the need …
Intimate Partner Criminal Harassment Through A Lens Of Responsibilization, Isabel Grant
Intimate Partner Criminal Harassment Through A Lens Of Responsibilization, Isabel Grant
Osgoode Hall Law Journal
Feminist scholars have demonstrated the gendered nature of intimate violence and the tendency to put the responsibility on women to avoid both sexual and physical violence (“responsibilization”). This article applies these insights to the context of intimate partner criminal harassment, which is committed overwhelmingly by men against former female intimate partners. Using criminal harassment decisions over the past decade, this article argues that the elements of the offence—specifically the requirements that the accused cause the complainant to fear for her safety, that this fear be reasonable, and that he intend to harass her—feed into the tendency towards responsibilization. Women are …
Who Writes? Gender And Judgment Assignment On The Supreme Court Of Canada, Peter Mccormick
Who Writes? Gender And Judgment Assignment On The Supreme Court Of Canada, Peter Mccormick
Osgoode Hall Law Journal
This article poses the question: Now that women are receiving an increasing share of the seats on the Supreme Court of Canada (the Court), can we conclude with confidence that they have been admitted to full participation, with a mix of judgments—including the more significant decisions—that is fully comparable to their male colleagues? The author looks at the assignment of reasons for judgment on the Court over the last three chief justiceships, with specific reference to the relative rate of assignments to male and female judges. He finds that the male/female gap is more robust than ever, although he also …
Bountiful Voices, Angela Campbell
Bountiful Voices, Angela Campbell
Osgoode Hall Law Journal
Common portrayals of Canada's only openly polygamous community cast it as a space frozen in time, both socially and intellectually. "Bountiful," British Columbia is a sixty-five-year-old community comprised of followers of the Fundamentalist Church of Jesus Christ of Latter Day Saints (FLDS). Many residents espouse plural marriage as a central tenet of their faith, believing that the practice leads not only to a good terrestrial life but, also, to facilitated entry into the "celestial kingdom." Visual and written accounts of Bountiful routinely present the women of this community as submissive, silenced, and isolated. Their traditional dress, and the number of …
Law And Feminism: Editor's Note, Jamie Cameron
Law And Feminism: Editor's Note, Jamie Cameron
Osgoode Hall Law Journal
No abstract provided.
Law And Feminism: Foreword, Mary Jane Mossman
Law And Feminism: Foreword, Mary Jane Mossman
Osgoode Hall Law Journal
No abstract provided.
From Mothers' Allowance To Mothers Need Not Apply: Canadian Welfare Law As Liberal And Neo-Liberal Reforms, Shelley A. M. Gavigan, Dorothy E. Chunn
From Mothers' Allowance To Mothers Need Not Apply: Canadian Welfare Law As Liberal And Neo-Liberal Reforms, Shelley A. M. Gavigan, Dorothy E. Chunn
Osgoode Hall Law Journal
In this paper we examine changes in the form and content of Canadian welfare law through a historical, feminist lens using the exemplar of mother-headed families. Our analysis of how the state dealt with sole support mothers in several provinces throughout the twentieth century reveals important continuities, as well as discontinuities, between the past and the present that have shaped and reshaped the lives and experiences of poor women and their children. In doing so, it helps to illuminate how they have been rendered "undeserving" or "never deserving" with the neo-liberal (re)formation of the Keynesian state in Canada.
The Gender Trap: Flexible Work In Corporate Legal Practice, Margaret Thornton, Joanne Bagust
The Gender Trap: Flexible Work In Corporate Legal Practice, Margaret Thornton, Joanne Bagust
Osgoode Hall Law Journal
Despite the fact that women comprise well over 50 per cent of law graduates in many parts of the world, women lawyers continue to be clustered disproportionately in the lower echelons of the profession. This paper considers the role of flexible work as a gender equity strategy and is illuminated by interviews with lawyers in elite corporate firms in Australia. It is argued that far from being a panacea, flexible work is being invoked to confine women to subordinate roles and to restrict access to partnerships. Not only is there a residual suspicion of the feminine in positions of authority …
The First Women Lawyers: "Piecemeal Progress And Circumscribed Success", Mary Jane Mossman
The First Women Lawyers: "Piecemeal Progress And Circumscribed Success", Mary Jane Mossman
Osgoode Hall Law Journal
This paper explores the context in which women gained admission to the bar at the end of the nineteenth century, discusses the stories of some of the first women lawyers in different parts of the world, and reflects on their challenges and choices as members of the legal professions.
The Social Significance Of The World's First Women Lawyers, Fiona M. Kay
The Social Significance Of The World's First Women Lawyers, Fiona M. Kay
Osgoode Hall Law Journal
No abstract provided.
In The (Canadian) Shadow Of Islamic Law: Translating Mahr As A Bargaining Endowment, Pascale Fournier
In The (Canadian) Shadow Of Islamic Law: Translating Mahr As A Bargaining Endowment, Pascale Fournier
Osgoode Hall Law Journal
This article addresses the dilemmas of Muslim women living in Canada as they negotiate between the constitutional and juridical systems of the dominant society, on the one hand, and the Muslim community, on the other. It will examine the ideological assumptions about law and multiculturalism that have worked to depoliticize the stakes of law in Marion Boyd's report, Protecting Choice, Promoting Inclusion. With the Islamic institution of mahr in the background, this article suggests a methodology to evaluate the costs and benefits of abstract legal rules as they are actually used by the parties in the "shadow of the law" …
The Gendered Dimensions Of Social Insurance For The "Non-Poor" In Canada, Stephanie Ben-Ishai
The Gendered Dimensions Of Social Insurance For The "Non-Poor" In Canada, Stephanie Ben-Ishai
Osgoode Hall Law Journal
This article emerges from an exploration of the meanings of consumer bankruptcy in the current context of Canadian society, as well as the role consumer bankruptcy plays in shaping this context. Examining consumer bankruptcy through the lens of gender relations, the claim is made that Canadian consumer bankruptcy legislation, policies, practices, and accompanying discourses are implicated in the causation and perpetuation of the conditions of marginalization and subordination endured by women who experience long-term poverty. These women are affected not only in terms of access to the bankruptcy system, but also by the broader implications of the delivery of consumer …
The Charter, Equality Rights, And Women: Equivocation And Celebration, Diana Majury
The Charter, Equality Rights, And Women: Equivocation And Celebration, Diana Majury
Osgoode Hall Law Journal
In this article, the author examines some of the critiques made and some of the aspirations raised in the early days of the Charter by left/feminist/marginalized groups about the Charter, the equality guarantee, and the judicial decision makers. The author explores how these fears and hopes have played out with respect to Charter equality rights for women by looking at some of the sex equality decisions that have been made by the Supreme Court of Canada. The cases are discussed under the headings of reproduction, violence against women, family, employment, and socio-economic claims to explore how the sex equality analysis …
Mandatory Minimum Sentences And Women With Disabilities, Fiona Sampson
Mandatory Minimum Sentences And Women With Disabilities, Fiona Sampson
Osgoode Hall Law Journal
This article examines the issue of mandatory minimum sentencing from the unique perspective of women with disabilities. Concerns about the discriminatory application of mandatory minimum sentences are outlined and analyzed from a gendered disability perspective, as are concerns about the devaluation of the lives of persons with disabilities through the support of reduced sentences for those convicted of murdering persons with disabilities. This examination makes it clear that the different concerns of women with disabilities are difficult to reconcile, as they mandate contradictory positions with respect to the possible abolition of the sentencing practice. The challenges inherent in the development …
Battered Women And Mandatory Minimum Sentences, Elizabeth Sheehy
Battered Women And Mandatory Minimum Sentences, Elizabeth Sheehy
Osgoode Hall Law Journal
The author argues for the repeal of mandatory minimum sentences based upon their role in the distortion of defences available to battered women on trial for the homicide of their violent mates. After reviewing other legal strategies aimed at eliminating the discriminatory biases facing women who attempt to plead self-defence, and illustrating the ways in which defences to murder are distorted, she turns to the examination of the transcript of a recent murder trial for a woman who argued self-defence. The author uses the transcript to provide concrete illustrations of three ways in which self-defence is distorted by the mandatory …
"Pro-Life" Absolutes, Feminist Challenges: The Fundamentalist Narrative Of Irish Abortion Law 1986-1992, Ruth Fletcher
"Pro-Life" Absolutes, Feminist Challenges: The Fundamentalist Narrative Of Irish Abortion Law 1986-1992, Ruth Fletcher
Osgoode Hall Law Journal
This article asks how Irish abortion law developed to the point of stopping a young pregnant rape victim from travelling abroad to have an abortion in 1992 (Attorney General v. X.). The author argues that this case, which ultimately saw the Irish Supreme Court overturn that decision and recognize the young woman's right to abortion, was the last chapter of the fundamentalist narrative of Irish abortion law. The feminist critique of that law needs to consider its particular fundamentalist aspects in order to clarify the obstacles posed to the struggle for Irish women's reproductive freedom. The author argues that a …
Retribution Revisited: A Reconsideration Of Feminist Criminal Law Reform Strategies, Dianne L. Martin
Retribution Revisited: A Reconsideration Of Feminist Criminal Law Reform Strategies, Dianne L. Martin
Osgoode Hall Law Journal
Were the last 30 years of feminist law reform activity around criminal justice misdirected? Or, if not misdirected, have the efforts been appropriated and manipulated by the New Right? This commentary reflects on this history, and on the failures of the retributive justice project generally, and argues for a reexamination of both. The discussion focuses on the tactics of the New Right and on the retributive goals of some victims' rights organizations as a means of highlighting the unintended consequences of key feminist initiatives around violence against women. Finally, the commentary identifies alternatives to retribution and a need for careful …
The Spousal Assault Policy: A Critical Analysis, Leah Rachin
The Spousal Assault Policy: A Critical Analysis, Leah Rachin
Osgoode Hall Law Journal
This article examines the complex relationship between PCLS's spousal assault policy and the clinic's mandate to practice poverty law. The author addresses the conflict which arises from the clinic's attempt to reconcile two goals-access to justice for all members of Parkdale's poor community and advocacy in the area of violence against women. The article also examines whether poverty can serve as a catalyst for violent behaviour or whether such a hypothesis is based on classist myths and assumptions. Ultimately, the author concludes that if battering can be linked to poverty, then PCLS (as a poverty law clinic) has an obligation …
Safe At Home: Protecting Female Tenants From Violence, Lori A. Pope
Safe At Home: Protecting Female Tenants From Violence, Lori A. Pope
Osgoode Hall Law Journal
This article deals with the tension for legal aid clinics between a policy of not representing landlords and a policy of acting for abused women rather than their alleged abusers. Many women face violence where they live, which can jeopardize their tenancies. To combat the resulting legal problems effectively, clinics may need to work indirectly or even directly for landlords. Clinics ought also to consider lobbying for changes to legislation to allow tenants to take action directly against other tenants who threaten their safety. Parkdale Community Legal Services (PCLS), which led the way for other clinics in their adoption of …
Neuf À Zero Ne Suffit Plus: Gould C. Yukon Order Of Pioneers Et La Perspective Feminine, Marie-France Major
Neuf À Zero Ne Suffit Plus: Gould C. Yukon Order Of Pioneers Et La Perspective Feminine, Marie-France Major
Osgoode Hall Law Journal
Do women see the world in a way that is peculiar to them, that is, differently from the perceptions of men? In view of the decision of the Supreme Court of Canada in Gould v. Yukon Order of Pioneers, this question raises a highly pertinent issue. In Gould, where the subject of litigation was the interpretation of the human rights legislation of the Yukon, the Court was divided according to the gender of the judges. Only the female judges, in dissent, addressed the problem in terms of power, vulnerability, and equality, while the male judges adhered to a strict approach …
Second Chances: Bill C-72 And The Charter, Isabel Grant
Second Chances: Bill C-72 And The Charter, Isabel Grant
Osgoode Hall Law Journal
This paper examines the legislative response to the Supreme Court of Canada's decision in R. v. Daviault. The author argues that Bill C-72, which limits the defence of extreme intoxication, is constitutional because of its strong underpinnings in equality. The author reviews the statistics on violence against women and the role of intoxication in that violence to illustrate why the defence of intoxication raises issues of sex equality. The author argues that a court assessing the constitutionality of Bill C-72 should consider this strong foundation in equality and the fact that the Bill is the result of a careful balancing …
The Dilemma Of Choice: A Feminist Perspective On The Limits Of Freedom Of Contract, Gillian K. Hadfield
The Dilemma Of Choice: A Feminist Perspective On The Limits Of Freedom Of Contract, Gillian K. Hadfield
Osgoode Hall Law Journal
In this essay I explore what Michael Trebilcock's work in The Limits of Freedom of Contract offers feminists in terms of a resolution or transcendance of the dilemma of choice. Trebilcock's work does not address the deepest feminist concerns about conflicts between autonomy and welfare, but it does shed light on narrower versions of the dilemma, providing an analytical framework for the feminist dilemma of choice and emphasizing the pervasiveness of this problem in contract law. Trebilcock's recommendation that society simultaneously use different institutions to promote different values also has salience for the feminist dilemma of choice.
Changing Opportunities For Partnership For Men And Women Lawyers During The Transformation Of The Modern Law Firm, Fiona M. Kay, John Hagan
Changing Opportunities For Partnership For Men And Women Lawyers During The Transformation Of The Modern Law Firm, Fiona M. Kay, John Hagan
Osgoode Hall Law Journal
Considerable controversy surrounds partnership in law firms, particularly regarding the possibility of systematic gender bias and discrimination. This article contributes to the existing literature by considering explanations of women's under-representation in partnerships within the historical context of changes in the structure of law practice. Such changes include transitions in the organization and scale of contemporary law firms, the emergence of branch offices and international markets, the diversification of recruitment practices and mobility routes through modified firm hierarchies, and rising expectations of billable hours. Using a survey of over 1,000 lawyers in Ontario law firms, the authors examine opportunities for partnership …
Dealing With Sexual Harrassment In The Workplace: The Promise And Limitations Of Human Rights Discourse, Fay Faraday
Dealing With Sexual Harrassment In The Workplace: The Promise And Limitations Of Human Rights Discourse, Fay Faraday
Osgoode Hall Law Journal
This paper examines the value of liberal rights in launching a political movement against sexual harassment, while reassessing their limitations for changing the practice of harassment. For rights to benefit women, decision makers must mean the same thing women do when speaking of sexual harassment. The paper analyzes how dominant ideology misshapes the delivery of rights against sexual harassment, normalizes male aggression, and reconstructs the struggle into one not about power but about taste, free speech, and a conflict between abstract rights. The paper examines how other rights discourses can empower women to combat harassment in a proactive way.
Paradise Lost, Paradox Revisited: The Implications Of Familial Ideology For Feminist, Lesbian, And Gay Engagement To Law, Shelley A. M. Gavigan
Paradise Lost, Paradox Revisited: The Implications Of Familial Ideology For Feminist, Lesbian, And Gay Engagement To Law, Shelley A. M. Gavigan
Osgoode Hall Law Journal
In this article the author addresses the theoretical and political challenges issued to feminists and feminist scholarship by recent debates and litigation concerning "family" and "family-based" benefits. The argument proceeds in four parts: first, the discussion is relocated within socialist feminist theory. The implications of the qualified pro-family stance in the critiques advanced or influenced by women of colour is considered next, followed by an examination of some proposals to extend the definition of "spouse" and "family" to lesbian and gay relationships. The author is critical of both "critiques" and illustrates with reference to Canadian welfare and immigration law that …
Feminist Jurisprudence In A Conventional Context: Is There Room For Feminism In Dworkin's Theory Of Interpretive Concepts?, Lynne Hanson
Feminist Jurisprudence In A Conventional Context: Is There Room For Feminism In Dworkin's Theory Of Interpretive Concepts?, Lynne Hanson
Osgoode Hall Law Journal
This paper examines Dworkin's interpretive theory of law from a feminist perspective, and asks whether his attempts to accommodate competing political opinions within an interpretive community can successfully encompass feminist concerns as well. It is argued that Dworkin repeatedly underestimates the extent of disagreement regarding the practice of law as a whole, while his requirements of fit, coherence and integrity impose a political agenda on the interpreter. As a consequence, Dworkin's theory is ultimately unable to adequately respond to a feminist critique of law, so that feminist jurisprudence must be seen as falling outside the scope of his interpretive community.
Apostolat Juridique: Teaching Everyday Law In The Life Of Marie Lacoste Gérin-Lajoie (1867-1945), Nicholas Kasirer
Apostolat Juridique: Teaching Everyday Law In The Life Of Marie Lacoste Gérin-Lajoie (1867-1945), Nicholas Kasirer
Osgoode Hall Law Journal
Based on a reading of archival material stored in a convent in east-end Montreal, the author describes the career of Marie Lacoste Gérin-Lajoie, a self-trained jurist who taught and wrote about law for women in convent schools, teachers' colleges, study circles, temperance union meetings and the like over a forty-year period in Quebec at the beginning of this century. Her career as a law teacher is presented as a sign of a less visible facet of the history of legal education in Quebec-beyond the formal institutions of law teaching-that was closely tied to the home and the private world of …
Gender Discrimination In The Common Law Of Domicile And The Application Of The Canadian Charter Of Rights And Freedoms, Annalise Acorn
Gender Discrimination In The Common Law Of Domicile And The Application Of The Canadian Charter Of Rights And Freedoms, Annalise Acorn
Osgoode Hall Law Journal
A married woman must take her husband's domicile at common law. This rule exists in five of Canada's provinces. It is argued that the rule violates the right to equality. It is further argued that, notwithstanding the Supreme Court's decision in Dolphin Delivery, the Charter must apply to common law rules governing the relationship between husband and wife. Such rules impose a status on the parties. Therefore, a commitment to respect for the autonomous choice of individuals does not support the conclusion that the rules should be beyond constitutional review.
A Matter Of Difference: Domestic Contracts And Gender Equality, Brenda Cossman
A Matter Of Difference: Domestic Contracts And Gender Equality, Brenda Cossman
Osgoode Hall Law Journal
This essay explores the feminist debates around gender difference and gender equality in the context of the Supreme Court of Canada's Pelech trilogy. It argues that the Court's approach to the enforcement of separation agreements does not adequately account for gender difference. Based on feminist critiques of difference, the essay then suggests an approach which might allow us to move beyond the dilemmas that difference presents to feminist legal theory and practice, and to the enforcement of separation agreements in particular.