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Introduction (Excerpt) In Justice Bertha Wilson: One Woman's Difference, Kim Brooks
Introduction (Excerpt) In Justice Bertha Wilson: One Woman's Difference, Kim Brooks
Articles, Book Chapters, & Popular Press
Bertha Wilson was the first woman to be appointed to Canada's Supreme Court in 1982. Her appointment capped off a career of firsts. She had been the first woman lawyer and partner at a prominent Toronto law firm and the first woman appointed to the Ontario Court of Appeal. Her career and passing in 2007 have provoked reflection on her contributions to Canadian society and caused many to reflect on the question she herself posed: what difference do women judges make? What follows is an excerpt from the introduction to the book. The chapters of the book explore a broad …
Domestic Violence And Gender-Based Persecution: How Refugee Adjudicators Judge Women Seeking Refuge From Spousal Violence – And Why Reform Is Needed, Constance Macintosh
Domestic Violence And Gender-Based Persecution: How Refugee Adjudicators Judge Women Seeking Refuge From Spousal Violence – And Why Reform Is Needed, Constance Macintosh
Articles, Book Chapters, & Popular Press
This report is an effort to address information gaps regarding how gendered claims are addressed by adjudicators at Canada’s Refugee Protection Division of the Immigration and Refugee Board of Canada (the RPD). It looks at one specific type of gendered claim: persecution through domestic or intimate violence. The study considers all the RPD decisions from 2004 to 2009 and judicial reviews from 2005 to 2009 that were reported in the Quicklaw LexisNexis service. These decisions are analyzed both quantitatively and qualitatively.
This report finds adjudicators consistently identify domestic violence as a form of gendered persecution that can form a nexus …
Ten Years After Ewanchuk The Art Of Seduction Is Alive And Well: An Examination Of The Mistaken Belief In Consent Defence, Elaine Craig
Ten Years After Ewanchuk The Art Of Seduction Is Alive And Well: An Examination Of The Mistaken Belief In Consent Defence, Elaine Craig
Articles, Book Chapters, & Popular Press
It has been a decade since the Supreme Court of Canada released its controversial decision in R. v. Ewanchuk. One of the central doctrinal issues raised by critics of Ewanchuk was a concern that it would not sufficiently allow for the mistaken belief defence in cases involving ‘morally innocent’ accused engaged in typical sexual overtures or in cases where the accused and complainant were in an ongoing sexual relationship at the time of the offence. A review of the reported cases, since 1998, demonstrates that the Ewanchuk analysis, properly interpreted, does not unjustly criminalize the progression of intimate behavior between …