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Gender, Race & Canadian Law

Author :
Publisher : Fernwood Publishing
Page : 406 pages
File Size : 13,44 MB
Release : 2020-11-26T00:00:00Z
Category : Social Science
ISBN : 1773634607

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Gender, Race & Canadian Law explores feminist and critical race approaches to Canadian law. The collection, which is suitable for undergraduate courses, begins with a basic overview of Canadian law and an introduction to critical concepts including “the official version of law,” race and racialization, privilege and heteronormativity. Substantive themes include the Montreal massacre, hegemonic and other masculinities, equality rights, sexual assault and other gendered violence, trans, colonialism, immigration and multiculturalism. Contributors: Constance Backhouse Gillian Balfour Mélissa Blais Karen Busby Wendy Chan Sandra Ka Hon Chu Elizabeth Comack Raewyn Connell Pamela Downe Deborah H. Drake Rod Earle Eve Haque Joanna Harris Margot A. Hurlbert Lisa Marie Jakubowski Peter Knegt Ruth M. Mann Peggy McIntosh Marilou McPhedron Martin Rochlin

Gender, Race & Canadian Law

Author : Wayne Andrew Antony
Publisher :
Page : 391 pages
File Size : 24,18 MB
Release : 2016
Category : Canada
ISBN : 9781552669181

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A custom textbook from Fernwood Publishing suitable for undergraduate courses in criminology.

Locating Law, 3rd Edition

Author : Elizabeth Comack
Publisher : Fernwood Publishing
Page : 368 pages
File Size : 32,78 MB
Release : 2020-05-27T00:00:00Z
Category : Social Science
ISBN : 1773633252

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Praise for the second edition: “This book is the best available for teaching the role of law in society and making sense of how it operates within the (inter)connections of race, class and gender dynamics often perpetuating oppression. … Locating Law is essential for undergraduate students in justice, sociology and criminology.” – Margot Hurlbert, University of Regina “Students regularly tell me that Locating Law is their favourite book out of the selections for the Law and Society course. The case studies are sufficiently different from one another that the students deepen their general knowledge, and they appreciate the fact that the chapters are written in a style they can understand.” – Jennifer Jarman, Lakehead University A primary concern within the study of law has been to understand the “law-society” relation. Underlying this concern is the belief that law has a distinctly social basis; it both shapes – and is shaped by – the society in which it operates. This book explores the law-society relation by locating law within the nexus of race/class/gender/sexuality relations in society. In addition to updating the material in the theoretical and substantive chapters, this third edition of Locating Law includes three new contributions: sentencing law and Aboriginal peoples; corporations and the law; and obscenity and indecency legislation. The analyses offered in the book are sure to generate discussion and debate and, in the process, enhance our understanding of law’s location.

Colour-Coded

Author : Constance Backhouse
Publisher : University of Toronto Press
Page : 505 pages
File Size : 11,71 MB
Release : 1999-11-20
Category : Social Science
ISBN : 1442690852

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Historically Canadians have considered themselves to be more or less free of racial prejudice. Although this conception has been challenged in recent years, it has not been completely dispelled. In Colour-Coded, Constance Backhouse illustrates the tenacious hold that white supremacy had on our legal system in the first half of this century, and underscores the damaging legacy of inequality that continues today. Backhouse presents detailed narratives of six court cases, each giving evidence of blatant racism created and enforced through law. The cases focus on Aboriginal, Inuit, Chinese-Canadian, and African-Canadian individuals, taking us from the criminal prosecution of traditional Aboriginal dance to the trial of members of the 'Ku Klux Klan of Kanada.' From thousands of possibilities, Backhouse has selected studies that constitute central moments in the legal history of race in Canada. Her selection also considers a wide range of legal forums, including administrative rulings by municipal councils, criminal trials before police magistrates, and criminal and civil cases heard by the highest courts in the provinces and by the Supreme Court of Canada. The extensive and detailed documentation presented here leaves no doubt that the Canadian legal system played a dominant role in creating and preserving racial discrimination. A central message of this book is that racism is deeply embedded in Canadian history despite Canada's reputation as a raceless society. Winner of the Joseph Brant Award, presented by the Ontario Historical Society

Locating Law

Author : Elizabeth Comack
Publisher : Halifax, [N.S.] : Fernwood Pub.
Page : 0 pages
File Size : 46,62 MB
Release : 2005-12-31
Category : Equality before the law
ISBN : 9781552662120

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One primary concern within the study of law has been to understand the law/society relation. Underlying this concern is the belief that law has a distinctly social basis; it both shapes and is shaped by the society in which it operates. This book explores the law/society relation by locating law within the nexus of race/class/gender/sexuality relations in society. Recognizing that inequalities along these lines exist in society raises important questions: What role has law historically played in generating today's inequalities? Is law part of the problem or part of the solution? Can we use law as a strategy to achieve meaningful change? The essays in this new edition of Locating Law demonstrate law's role in a variety of specific contexts, including perpetuating colonialism in Canada, protecting corporations and holding women responsible for sexual violence against them. These analyses are sure to generate discussion and debate and, in the process, enhance our understanding of this important relation between law and society.

In the Name of Equality? The Missing Intersection in Canadian Feminists' Legal Mobilization Against Multiculturalism

Author : Eléonore Lépinard
Publisher :
Page : 0 pages
File Size : 32,50 MB
Release : 2011
Category :
ISBN :

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In Canada, women's rights organizations have successfully mobilized the law to foster gender equality. In doing so, they have been constrained by legal understandings of equality and discrimination which have shaped their strategies to seek justice. In return, their mobilization, mainly through litigation, has contributed to craft or to alter legal categories (such as "substantive equality", "women", "sexual harassment" etc.) which in turn sustain their identities and their interests. However, claims made in the name of gender equality raise two issues: they tend to overlook the intersection of gender with other grounds of discrimination such as religion or race/ethnicity, and they tend to conflict with multiculturalism, a value enshrined in Canadian Law. The recent decision taken by the Province of Ontario to ban religious arbitration for family matters offers an illuminating case study of this tension between gender equality and religious rights in the Canadian context. This paper analyzes women's rights activists' legal understandings of gender equality and religious/ethnic discrimination, to explain how these representations have influenced women's mobilization against religious arbitration in Ontario. Bringing together the insights developed by critical legal studies about intersectionality and the study of legal mobilization, this paper explores through a concrete example the tension between feminism and multiculturalism.

Women's Legal Strategies in Canada

Author : Radha Jhappan
Publisher : University of Toronto Press
Page : 428 pages
File Size : 43,85 MB
Release : 2002-01-01
Category : Law
ISBN : 9780802076670

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Have Canadian women gained from their pursuit of legal remedies to social, political, economic, and cultural inequalities? Is law a fruitful avenue for such struggles? Using liberal feminist, postmodern, critical, race, and queer theory, these essays confront the anti-rights critiques of the legal Left regarding the use of law in general and the Charter in particular. Several chapters explicitly examine the strategic limits and possibilities of the substantive equality rights approaches pursued by LEAF (The Women's Legal Education and Action Fund). Others focus on legal strategies mobilized in discreet areas of law and public policy by foreign domestic workers and racialized women, lesbians, women seeking reproductive freedom, women in the childcare movement, and anti-violence advocates. Recognizing the diversity of women across class, citizenship, race and ethnicity, sexual identity, culture, and (dis)ability, this collection evaluates the efficacy of the wide range of legal and political strategies women have employed, particularly in this post-Charter era. Women's Legal Strategies in Canada is the most comprehensive account of these important issues and will surely become the standard work in the field.

Calling for Change

Author : Sheila McIntyre
Publisher : University of Ottawa Press
Page : 428 pages
File Size : 16,57 MB
Release : 2006-06-28
Category : Law
ISBN : 0776618598

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Unique in both scope and perspective, Calling for Change investigates the status of women within the Canadian legal profession ten years after the first national report on the subject was published by the Canadian Bar Association. Elizabeth Sheehy and Sheila McIntyre bring together essays that investigate a wide range of topics, from the status of women in law schools, the practising bar, and on the bench, to women's grassroots engagement with law and with female lawyers from the frontlines. Contributors not only reflect critically on the gains, losses, and barriers to change of the past decade, but also provide blueprints for political action. Academics, community activists, practitioners, law students, women litigants, and law society benchers and staff explore how egalitarian change is occurring and/or being impeded in their particular contexts. Each of these unique voices offers lessons from their individual, collective, and institutional efforts to confront and counter the interrelated forms of systemic inequality that compromise women's access to education and employment equity within legal institutions and, ultimately, to equal justice in Canada.

Within the Confines

Author : Jennifer M. Kilty
Publisher : Canadian Scholars’ Press
Page : 374 pages
File Size : 19,31 MB
Release : 2014
Category : Law
ISBN : 0889615160

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Western feminists have long treated the rule of law as an essential ingredient of social justice; however, as the contributors to this collection remind us, meaningful justice remains out of reach for many women and racialized minorities precisely because the law turns a blind eye to the inequities that structure their daily lives. In fourteen chapters that open vital debates about the erosion of the welfare state and the media's complicity in concealing political injustice, Within the Confines details the brutal ironies of a society that criminalizes the vulnerable while absolving the elite. Distinctive in its focus on Canada, the book traces the linkages among racial, ethnic, sexual, and economic vulnerability and reveals the inadequacies of legislative approaches to socio-historical problems such as drug trafficking, homelessness, infanticide, and the legacies of settler colonial violence. In accessible prose, the authors dismantle the myths behind topics that are often sensationalized in the media-pornography, single motherhood, sex work, filicide, gangs, domestic abuse, prison conditions, HIV nondisclosure-and present alternative arguments that expose the justice system's role in widening the gap between the rich and the poor. What emerges is a poignant challenge to the neoliberal fable that women and minorities in Western democracies now enjoy full equality and an urgent call to action for those who seek to shift institutional norms in more equitable directions. A valuable resource for a wide range of fields, including criminology, sociology, social anthropology, gender studies, political science, social work, and legal history, this multidisciplinary volume offers a fresh perspective on the disturbingly predictable judgments that criminalized women face in Canada.