Carleton University

Department of Law

Fall Semester 2008

 

Course Outline

Laws 3001A Women and Legal Process

 

 

Time:                           Tuesdays 11.30am – 2.30pm

Place:                          Mackenzie 4499

Instructor’s Name:      Professor T. Brettel Dawson 

Office:                         Loeb D488     

Office Hours:               Tuesdays 2.30 – 4.00

Contact Information:   bdawson@ccs.carleton.ca

Website:                      www.lawsite.ca

 

Course Objectives & Content:

This course examines historical and contemporary legal issues of particular concern to women in Canada. Women have at one time or another been excluded from a wide range of legal rights and responsibilities including higher education, political office, voting and the professions. Marital status was directly linked to employment, property rights, income and access to credit. In Canada, the law has played an important role in the ongoing struggle by women for full equality and citizenship. The celebrated “Person’s Case” in 1929 which recognized that “women” were within the meaning of the term “persons” and the Canadian Charter of Rights and Freedoms which entrenched equality between men and women through sections 15 and 28 highlighted the potential of law to advance equality. At the same time, not all cases were ‘wins’, not all wins had positive effects for all women, and not all ‘laws’ or legal processes responded to women’s realities. Law, then, can constrain and enable, resist and respond, and be a fruitful site for dialogue and contestation over gender. We explore these themes in the course through a series of case studies informed by theoretical perspectives.

 

 

Required Reading: 

Readings for each week are set out in the course schedule and updated on the course website, www.lawsite.ca from time to time.

 

The required text is:

 

T. Brettel Dawson, Women, Law and Social Change: Core Readings and Current Issues , 5th Edition (Toronto: Captus Press, 2008). A pre-publication version of this edition is available at the University Bookstore.

 

Additional materials may be posted on the course web site from time to time.

 

Recommended Resources:

 

I have recently updated the ‘virtual casebook’ section of the course web site; it provides research links. Access via www.lawsite.ca, link  to “Research Resources”: Virtual casebook.

 

See also the Floating Chapter in the Women, Law and Social Change (Between Chapters 10 and 11) for additional resources.

 

The Spring/Summer 2006 Issue of Nexus, the magazine of the University of Toronto, Faculty of Law has a focus on women, law and social change and is a useful background resource. See: http://www.law.utoronto.ca/visitors_content.asp?itemPath=5/4/0/0/0&contentId=606

 

Good reference and research starting points also include:

·         The Canadian Journal of Women and the Law contains excellent research in theme areas relevant to this course.

·         Canadian Feminist Perspectives on Law: An Annotated Bibliography (1989-99) (Canadian Journal of Women and the Law, vol.11, 1999). (Susan Boyd,  E. Sheehy & J. Bouchard) (* Order from journals@utpress.utoronto.ca)

·         Canadian Feminist Literature on Law: An Annotated Bibliography of Interdisciplinary Writings (Toronto: Resources for Feminist Research, 1989). 80 pages, 527 abstracts. (Co-authored/edited by Susan Boyd and E. Sheehy)

EVALUATION

Note: All parts of the evaluation must be completed to receive a passing grade in the course. Late submission of the essay (without authorized extension) will be penalized. 

1. Term Paper: 40% of the final grade

·         Due: FRIDAY October 17, 2008 by 3.45pm to Department of Law, Drop Box, around the corner from LOEB C473. I will tick receipt against the class list.

·         Penalties for late submission: if stamped Saturday or Sunday October 18-19, 2/3 grade reduction; thereafter, 1/3 grade reduction per day.

·         Returned: My target date to return the marked essays is in class, November 4th, 2008.

2. In-Class Quiz: 20% of the final grade

·         Date: November 11, 2008.

·         1.5 hours (first part of class); covering material up to October 21st (per original schedule).

·         Format will be short answer.

·         Marks provided:  Final Class, November 25th

2. Final Take Home Exam: 40% of the final grade

·         Distributed in the last class. Students will be required to answer, in essay format, two or three main questions drawn from required readings and class discussions. One or two short essay questions might be included as well.  Papers must be typed (using same guidelines as for the Essay).

·         Specifically covers material after October 21st (per original schedule) although general references to all course material will also be relevant.

·         Due by the last day of the examination period, December 20, 2008 by 3.45 pm to the Law Office Essay Drop Chute. Late submission is not permitted. Examination regulations apply with respect to deferral.

·         Each student’s paper and take home exam answers must be exclusively his or her own work product. All work must be done independently; no group work or consultation will be permitted. Students are not permitted to discuss the exam questions and possible answers with each other, with the exception of any discussion supervised by the Instructor.

 

NOTE:

The Department of Law, Course Policy Statement applies to this course and is considered incorporated in this Course Outline. See: http://www2.carleton.ca/law/current/undergraduate/Policy2008.pdf


Course Schedule[1] and Readings[2]

(As of September 9, 2008)

 

Wk

Date

Content

1

September 9

Topic:

·         Introduction

Readings:

·         Jury of Her Peers (Ch 1)

·         Angel, Susan’ Glaspbell’s Trifles (Ch 1) (see also http://www.midnightassassin.com/Glaspell.html)

 

2

September 16

Quick Topic: [3]

·         Susan B Anthony (Ch. 1) and Seneca Falls Declaration

·         Collage of Firsts, Ch 3B

 

Main Topic: Challenging Exclusion

·         Are Women Persons

Readings:

·         Dawson, Law Primer (Ch 3A)

·         Dawson, Feminist Legal Studies, A Primer (Ch. 3B)

·         Chapter 4 (all)

 

3

September 23

 

Theme: Strategies and Stances for Inclusion

·         Ch 11C (398-413)

4

September 30

Quick Topic:

·         Sojourner Truth (Ch. 1)

·         Backhouse, History will Judge (Ch 1)

·         McLachlin, CJC, Bridge to Equality (Ch 11, 414)

 

Main Topic: Challenging Exclusion

·         Myths and Stereotypes

Readings:

·         Dawson, Women’s Experience, Ch. 6

·         Graycar, Gender of Judgments, Ch 6

·         Chapter 6A and one of 6B or 6C

5

October 7

 

Quick Topic:

·         Elsa Barkley Brown, Quilting (Ch 2)

·         Boyle, Washrooms (Ch 2)

 

Main Topic: Probing Omission, Revisiting Concepts

·         Reasonableness

Readings:

·         Chapter 7

·          

6

October 14

Quick Topic:

·         Artefacts: Pregnant Tribunals

 

Main Topics: Probing Omission, Revisiting Concepts

·         Relevance and Perception

·         Reproduction

 

Readings:

·         Chapter 8

·         Chapter 9

7

October 21

Quick Topic:

·         Wilson, Women Judges, Chapter 2

 

Main Topic: Expanding Inclusion

·         Toolkits: Legal Rights

·         Impartiality: Legal Process

Readings:

·         Chapter 11A

Chapter 11B

8

October 28

Quick Topic:

·         Artefacts: R. v Chase

 

Main Topic: Expanding Inclusion

·         Resistance and Responsiveness of Law: Maternity Benefits and the Scope of Equality Law

Readings:

·         Chapter 12

 

9

November 4

Quick Topic:

·         R. v Ponomorev, Chaper 13 (Talking Point)

 

Main Topic: Expanding Inclusion

·         Gender Neutrality – Gender Specificity: Reasonable Doubt

Readings:      

·         Chapter 13

10

November 11

Quiz:  First Part of Class 1.5 hours

 

Main Topic: Expanding Inclusion

·         Enabling and Constraining Social Change: Same Sex Marriage

Readings:

·         Chapter 14

11

November 18

Topic: Expanding Inclusion

·         Dialogue and Contestation: Sexual Assault Law Reform

Readings:

·         Chapter 15

12

November 25

Quick Topic:

·         Archetypes: The Legal Lady

 

Topic: Bridging Life and Law

·         Forming the Future

Readings:

·         Chapter 16

 

 

 


[1] This schedule may be updated during the semester in light of experience. Check www.lawsite.ca for updated information.

[2] Readings are from Women, Law and Social Change, 5th Edition unless otherwise indicated.

[3] These ‘Quick Topics’ will be used as the basis for small group discussion and reporting back. You will need to read the assigned material before coming to class! When you read the material, try to state (write down) a ‘reaction and a question’ for discussion with your peers.