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Brettel Dawson (Ed.)
Captus Press,
ISBN
978-1-55322-157-9
(2009)
Coming on the heels of the highly popular fourth edition, Women, Law and
Social Change, 5e continues to provide a foundation for how Canadian law
and legal process have connected or disconnected women. Using a greater array of
precedent-setting cases and stories, including Murdoch, Morgentaler, Bliss,
and Brooks, this new edition offers an expanded glimpse at more than a
century of struggle for women’s inclusion in the law. Offering readers an awareness of the history, progress, and issues
surrounding these debates, this edition looks to advance a set of key
theoretical propositions about women and the legal process: To this end, Women, Law and Social Change, 5e has included a new
section dedicated to engaging with the legal process to argue for women’s equal
inclusion in law. A “toolkit” has been added to provide the reader with
important legal provisions and policy commitments, stances, judicial methods,
and strategies. Further, the collection of cases in this section examines
the evolution of jurisprudence and substantive equality, assessments of
credibility, and reasonable doubt in criminal cases, same-sex marriage case law,
and more than 20 years of sexual-assault law reform. The book concludes with a
series of speeches and writings by leading feminist legal scholars and judges,
past and contemporary, calling upon academics and the legal professions to be
true to the values of inclusion and continue to challenge injustice. Key Features
Preface Dedication Introduction Artefacts (a) The Legal Lady (McKenzie Porter) (b) Pregnant Tribunals (Bronwyn Naylor) (c) R. v. Chase I WOMEN AND LAW: Connections and Disconnections 1 Silences (a) U.S. v. Susan B. Anthony (1873) (b) Seneca Fall Declaration (c) Ain’t I a Woman? (Sojourner Truth) (d) A Jury of Her Peers (Susan Glaspell) (e) Susan Glaspell’s Trifles and A Jury of Her Peers:
Woman Abuse in a Literary and Legal Context (Marina Angel) (f) “History Will Judge” (Constance Backhouse) (g) Context in Equality (Sarah Lugtig) 2 Opening Space (a) African-American Women’s Quilting: A Framework for
Conceptualizing and Teaching African-American Women’s History (Elsa Barkley
Brown) (b) Teaching Law as If Women Really Mattered, or, What
about the Washrooms? (Christine Boyle) (c) Feminist Pedagogy: Critique and Commitment (T.
Brettel Dawson) (d) The Gender Wars: ‘Where the Boys Are’ (Bruce
Feldthusen) (e) Peekiskwetan (Rhonda Johnson, Winona Stevenson, and
Donna Greschner) 3 Framing A. Law (a) Blind Justice (Ngaire Naffine) (b) Law: A Primer (T. Brettel Dawson) (c) Judging in the Twenty-First Century (The Right
Honourable Justice E W (Ted) Thomas) (d) Jurisprudence for Judges: Why Legal Theory Matters for
Social Context Education (Richard F. Devlin) (e) The “I” in the “It”: Reflections on a Feminist
Approach to Constitutional Theory (Colleen Sheppard) B. Women (f) Feminist Legal Studies: A Primer (T. Brettel Dawson) (g) It’s Time for Change. Demands to the Federal
Government to End Poverty and Violence Against Women (h) Post-Modern Race and Gender Essentialism or a
Post-Mortem of Scholarship (Radha Jhappan) (i) Feminism, Marxism, Method, and the State: An Agenda
for Theory (j) Feminism, Marxism, Method, and the State: Toward
Feminist Jurisprudence (Catharine MacKinnon) (k) Themes, Concerns and Strategies in Feminist Legal
Studies: A Summary and Reflection (T. Brettel Dawson) II WOMEN AND LAW: Challenging Exclusion 4 Are Women Persons? (a) Law and the Legal Person (T. Brettel Dawson) (b) Reference re Meaning of Word “Persons” in s. 24 of
the B.N.A. Act (c) Edwards v. A.G. for Canada (d) Bradwell v. The State of Illinois (e) In Re Mabel P. French (f) ‘Persons,’ Pronouns, and Policy Choices: Judicial
Reasoning in French and Langstaff (Mary Jane Mossman) (g) Bradwell Revisited (Martha Minow) (h) Clara Brett Martin Revisited (T. Brettel Dawson) (i) A Collage of Firsts (T. Brettel Dawson) Talking Points (i) Re Connelly Estate (ii) On Being the Object of Property (Patricia Williams) (iii) Sandra Lovelace v. Canada 5 The Language of Statutes (a) Alice through the Statutes (Marguerite Ritchie) (b) Are Statutes Written for Men Only? (Elmer Driedger) (c) The Language of Oppression — Alice Talks Back
(Marguerite Ritchie) (d) Locating Inequality — The Evolving Discourse on Sexist
Language (Sandra Petersson) Talking Points (i) Canadian Charter of Rights and Freedoms, s. 28 (ii) An Act to amend the National Anthem Act to include
all Canadians (iii) National Anthem Act, Second Reading Debate 6 Myths and Stereotypes (De)valuing Women (a) Women’s Experience of Judicial Process (T. Brettel
Dawson) (b) The Gender of Judgments: Some Reflections on “Bias”
(Regina Graycar) (c) Aboriginal Women and the Legal Justice System in
Canada (Native Women’s Association of Canada) (d) The Report on the Bienvenue Inquiry (The Inquiry
Committee) (e) Judge Bienvenue Resigns Case Study One: “Not on Her Way to Nunnery” (i) R. v. Ewanchuk (ii) Council Releases Response to REAL Women of Canada
(April 1, 1999) (iii) Panel Expresses Strong Disapproval of McClung
Conduct (May 21, 1999) (iv) Sexual Predator Declared Long-term Offender (T.
Brettel Dawson) Case Study Two: “What Any Wife Would Do” (i) Murdoch v. Murdoch (ii) Rathwell v. Rathwell (iii) Hoovering as a Hobby and Other Stories: Gendered
Assessments of Personal Injury Damages (Regina Graycar) (iv) Contemporary Approaches to Compensating Female Tort:
Victims for Incapacity to Work (Elizabeth Adjin-Tettey) (v) Valuing Women’s Work in the Home: A Defining Moment
(Kim Brooks) Case Study Three: “Blonde Freckled Twins” (i) D.T.L. v. Listuguj (Police Service) (ii) First Nations Leaders Lodge Ten Formal Complaints
against Quebec Superior Court Judge (iii) Audrey Isaac Case: Fundamental concerns highlighted
in the 10 complaints to the Canadian Judicial Council (iv) Welfare Parents and Custody (T. Brettel Dawson) (v) Panel Disapproves of Conduct of Mr. Justice Barakett III WOMEN AND LAW: Probing Omission, Revisiting Concepts 7 Reasonableness (a) Criminal Code (b) R. v. Whynot (Stafford) (c) R. v. Lavallee (d) Negligence Law: The “Reasonable Person” Standard as an
Example of Male Naming and the Implicit Male Norm (Leslie Bender) (e) Laying Down the Master’s Tools: A Feminist Revision
of Torts (Lucinda Finley) (f) On Silences, Screams and Scholarship: An Introduction
to Feminist Legal Theory (Kathleen Lahey) (g) Battered Women and Mandatory Minimum Sentences: Law
and Policy (Elizabeth Sheehy) 8 Relevance and Perception (a) Sexual Assault Law and Past Sexual Conduct of the
Primary Witness: The Construction of Relevance (T. Brettel Dawson) (b) R. v. Seaboyer; R. v. Gayme (c) Culture as a Defense: Aboriginal Offenders (Sherene
Razack) (d) To “understand equality, and make it part of our
thinking”: Towards Fairness and Equity in Sexual Assault Law (T. Brettel
Dawson) 9 Reproduction (a) R. v. Morgentaler (b) R. v. Sullivan and Lemay [Factum of the
Women’s Legal Education and Action Fund (LEAF)] (c) R. v. Sullivan (d) Correspondence to LEAF, 1990 re Sullivan and Lemay (T.
Brettel Dawson) 10 Real Property (a) Home/Land
(Mary Ellen Turpel) (b) Matrimonial
Real Property (Native Women’s Association of Canada) (c) Consultation
Report on Matrimonial Real Property (Wendy Grant-John) Further Resources:
The Floating Chapter I. The FemLaw Virtual
Casebook: <www.lawsite.ca> II. Starting Point
References III. Online Collections
Addressing Women’s Legal Issues IV. Online Publications and
Scholarly Journals V. Related Websites IV WOMEN AND LAW: Expanding Inclusion 11 Toolkits A. Legal Provisions and Policy Commitments (a) Primer on Legal Protections of Human Rights in Canada
(T. Brettel Dawson) (b) Canadian Charter of Rights and Freedoms — Selected
Provisions (c) Selected International Conventions (Human Rights of
Women) (d) Gender-based Analysis B. Stances (e) Will Women Judges Really Make a Difference? (Madame
Justice Wilson) (f) Making a Difference: The Pursuit of a Compassionate
Justice (The Honourable Claire L’Heureux-Dubé) (g) Building a Bridge to Equality: A Duty for Lawyers (Right
Honourable Chief Justice Beverley McLachlin) C. Judicial Method (h) Punjab v. Singh (i) Impartiality, Equality and the Judicial Role
(Justice Robert J. Sharpe) (j) The Fiction of Judicial Impartiality (The Honourable
Maryka Omatsu) (k) Judicial Education on Context (The Honourable Madam
Justice Lynn Smith) (l) The Nature of Judgment (Jennifer Nedelsky) D. Strategies (m) Strategizing in Equality (Diana Majury) (n) Test Case Litigation: The Canadian Experience (T.
Brettel Dawson) (o) The Cold Game of Equality Staring (Sherene Razack) 12 Resistance and Responsiveness of Law (a) Bliss v. Canada (A.G.) (b) Brooks v. Canada Safeway Ltd. (c) Feminism and the Law: Challenges and Choices (Mary
Jane Mossman) (d) The Promise of Brooks v. Canada Safeway Ltd: Those Who
Bear Children Should Not Be Disadvantaged (Lorna Turnbull) Talking Points (i) Interpretive Approach: Choice of Path (The
Honourable Madam Justice Lynn Smith and Geoffrey Loomer (Law Clerk)) (ii) Critical Comparisons: The Supreme Court Of Canada
Dooms Section 15 (Daphne Gilbert and Diana Majury) (iii) Note: Women’s Court of Canada 13 Gender Neutrality and Gender Specificity in Law (a) Out of the Icy Water: Regina v. Douglas X (Donna F.
Johnson) (b) The Criteria of Reasonable Doubt in Assessing the
Witnesses’ Credibility (The Honourable Justice Sophie Bourque) (c) Note: Credibility Assessment and Reasons for Judgment
in Sexual Assault Trials (T. Brettel Dawson) (d) R. v. Hull (e) R. v. Jaura (f) R. v. J.J.R.D Talking Point (i) R. v. Ponomarev 14 Enabling and Constraining Social Change (a) UN Communication No 902/1999: Joslin v. New Zealand
[Quilter] (United Nations Human Rights Committee) (b) Halpern v. Canada (A.G.) (c) Case Study on Same-Sex Marriage (T. Brettel Dawson) (d) Reference re Same-Sex Marriage (e) Ceremony of Civil Marriage: Jennifer Rowan and Juliet
Joslin 15 Dialogue and Contestation (a) ‘Whack’ Sex Assault Complainant at Preliminary
Inquiry (Cristin Schmitz) (b) Case Study on Sexual Assault Law Reform, 1980–2000: A
Chronology (T. Brettel Dawson) (c) Sex Equality and Sexual Assault: In the Aftermath of
Seaboyer (Elizabeth J. Shilton and Anne S. Derrick) (d) An Act to Amend the Criminal Code (sexual assault) (e) Discriminatory Uses of Personal Records in Sexual
Violence Cases (Karen Busby) (f) Bill C-46, An Act to Amend the Criminal Code
(production of records in sexual offence proceedings) (g) R. v. Mills (Alta. Q.B.) (h) R. v. Mills (S.C.C.) (i) R. v. Darrach Talking Point (i) No Stigma for Rape Victims in Islam (Council on
American-Islamic Relations Canada) V WOMEN IN LAW: Bridging Life and Law 16 Forming the Future (a) The Real World of Technologies (Ursula Franklin) (b) The First Women Lawyers (Mary Jane Mossman) (c) Through My Eyes: Lessons on Life in Law School (Marilyn
Poitras) (d) 2005 Call to the Bar Convocation Remarks (Elizabeth
Sheehy) (e) 2002 Call to the Bar Convocation Remarks (The
Honourable Claire L’Heureux-Dubé) (f) The Mentor (Susan Lightstone) (g) Three Guineas (Virginia Woolf)
Brettel Dawson is the Academic Director of
the National Judicial Institute of Canada which is based in Ottawa, Canada,
undertaking a leadership role in areas of curriculum and pedagogy design and
ongoing integration of social context (equality and diversity) in the work and
programming of NJI. An Associate Professor of Law at Carleton
University in Ottawa, she had been Chair of the Department of Law, a member of
the University Senate, and a member of the Boards of Inquiry (Ontario Human
Rights Code) involving mediations, inquiry and decision on human rights
complaints. Her teaching subjects include gender, human rights, judicial
process, private law and socio-legal research methodology. Professor Dawson has written in the areas
of social context judicial education, women and legal process, human rights,
and legal research methodology. She is completing work on the Guides to
Judicial Education (Canada) and a book on social context as an element of
judging and judicial education. A past English Language Co-Editor of the Canadian
Journal of Women and the Law and a past member of the External Committee of
the Independent Policy Research Fund of Status of Women Canada, she is
currently Chair of the Board of Directors of CANADEM, Canada’s resource
database for human rights and democratic development.
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