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LAWS 3001*A Women and the Legal Process
Winter 2006
Course Schedule and Readings
Key:
Readings: Women, Law and Social Change: starting page numbers and authors (required)
Online: below (required)
Other: as indicated (links) - recommended but not required
HO: Handout in class (either required reading or working material for class time)
Note:
This is a guide to how we will move through the course and materials. From time to time, we may take a bit longer (or less time) on some topics and we may take advantage of other opportunities as they arise (eg. to accommodate visitors). I will endeavour to keep this up to date or summarize adjustments - check online schedule and my 'note book'.
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COURSE SCHEDULE
September 12
Introductions; Review of course; themes and ideas
Women's Experience of Law and In Law
The Relevance of Gender Equality
Readings:
Glaspell, Jury of Her Peers
13: Angel, "Literary and Legal Context"
Xxii: Naylor, Pregnant Tribunals (deferred to September 19)
In class Handouts:
Discussion Questions (HO) Jury questions (Lugtig questions in later class)
"The Maternal Brain" (HO) article follows up Naylor. (deferred to September. 19)
Africa-HIV-Women (HO):
We always underestimate Africa;
Why women need a new UN agency to call their own : (will be considered September 19)
Note: additional recommended for further study: Ottawa Citizen feature on HIV Links: http://www.canada.com/ottawacitizen/features/aids/index.html
Especially: The 'linchpins of life' are dying; Ida's Army; We ask that you not fail us yet again'
September 19
Over the Threshold: Women as Persons
Readings:
22: Susan B. Anthony
25: Rawnie
26: Lugtig
147: Legal Person
157-172: Re s24 to History
Note:
We will pick up Naylor/Maternal Brain and also the HIV material on what is a gender issue.
We will be joined by four distinguished guests: women judge and magistrates from Kenya:
- Justice Mary Ang'awa, Judge, High Court of Kenya, Nairobi
- Justice Martha Koome, High Court, Kenya
- Emily Ominde, Principal Magistrate, Kenya
- Rosemelle Anyango Mutoka, Senior Principal Magistrate, Kenya
Further Links (for interest on Susan B Anthony Case):
Archival materials: http://memory.loc.gov/ (search term Susan B. Anthony)
September 26
Law and Women: Feminist Legal Studies - Some Core Concepts and a Case Study
Quick review of Nexus, U Toronto Faculty of Law
Readings:
39: Dawson
46: Naffine
54: Dawson
92: Seneca Falls
94: Sojourner Truth
425-426: Charter provisions
357: Lacombe and Chunn
376: Summary of Themes
377 and 380: MacKinnon
411: Debates summary
Online:
We will examine the concepts of feminist analysis of law through a 'case study' of three leading cases. The Mossman article gives and overview. Please also read through the cases which are linked as indicated.
Mossman, "Feminism and the Law: Challenges and Choices"
Bliss v. Attorney General of Canada [1979] 1 S.C.R. 183, Supreme Court of Canada
http://www.lawsite.ca/femlaw/bliss.htm
Brooks v. Canada Safeway Ltd. [1989] 1 S.C.R. 1219, Supreme Court of Canada
http://www.canlii.org/ca/cas/scc/1989/1989scc46.html
Halpern v. Canada (Attorney General) (2003), 65 O.R. (3d) 161
http://www.canlii.org/on/cas/onca/2003/2003onca10314.html
October 3
Admission of Women to Legal Profession in Canada
Readings:
Xviii - The Legal Lady (Margaret Hyndman)
118: Firsts (and also Nexus: Trailblazers)
150-161: Bradwell, French
61: Boyle
617; Mossman
621: Sturm
I will also handout a couple of articles which are required reading as follows:
" Article by Mary Jane Mossman, from her book The First Women Lawyers, Chap 2: 67-112
" McLachlin CJC, "Building a Bridge to Equality: A Duty for Lawyers" (2003) (HO)
October 10
Judges and Gender Bias
Readings:
268-297: (ch 6)
250: Ewanchuk
298: Sharpe
Online:
Peterson v. Peterson (1988, Nova Scotia)
October 17
Will Women Judges Make a Difference?
Readings:
103: Wilson
108: L' Dubé
313: Omatsu
319 and 347: Nedelsky
322: RDS
Online:
R. v. Morgentaler [1988] 1 S.C.R 30, Supreme Court of Canada
http://www.canlii.ca/ca/cas/scc/1988/1988scc2.html
Supreme Court of India in Singh:
http://www.lawsite.ca/docs/Rape%20dec%20S%20C%20India%2012-17-03%20(2).htm
October 24
Gender Equality and Law: Conceptual Frameworks
Oct 24 will focus on Equality. Readings are as per online course schedule. Guest: Professor Margaret Denike, Interdisciplinary Studies, Carleton University
Readings:
425-434: Equality provisions
448: Majury
456: Andrews case
Nexus, Professor Reaume, Women's Court of Canada (read this after you have read the Law decision
Handout: Highlights of Equality Jurisprudence in Canada
Online:
Smith, http://www.lawsite.ca/docs/Equality%20and%20Charter%20Values%20Final.ppt
Law case: http://www.lawsite.ca/docs/SCCLawteach.htm
Egan case: http://scc.lexum.umontreal.ca/en/1995/1995rcs2-513/1995rcs2-513.html
October 31
Gender Equality: Case Studies
Required reading:
N.Bakht, “Family Arbitration Using Sharia Law: Examining Ontario’s Arbitration Act and its Impact on Women”, 1 Muslim World Journal of Human Rights 1, 1-24, 2004. Available at:
http://www.bepress.com/mwjhr/vol1/iss1/art7
Ontario Government Backgrounder on Arbitration
N. Bakht "Were Muslim Barbarians Really Knocking On the Gates of Ontario?: The Religious Arbitration Controversy—Another Perspective" Ottawa Law Review
Recommended Reading:
Read Only "Part Four: Law Reform Options" in Bakht, N., “Arbitration, Religion and Family Law: Private Justice on the Backs of Women”, report published by Law Commission of Canada and National Association of Women and the Law, (Ottawa: LCC, 2005) 1-68. Available at: http://www.lcc.gc.ca/research_project/bakht_main-en.asp
Marion Boyd, "Dispute Resolution in Family Law: Protecting Choice, Promoting Inclusion" (December 2004, Ministry of the Attorney General) Available at:
http://www.attorneygeneral.jus.gov.on.ca/english/about/pubs/boyd/
Sheren Razack, "Imperilled Muslim Women, Dangerous Muslim Men and Civilized Europeans: Legal and Social Responses to Forced Marriages" Feminist Legal Studies 12: 129–174, 2004.
November 7
Legal Concepts: "Truth" (focal point: Sexual assault evidence)
Readings
229-249 Chapter 5B
Online link:
Other link for some interesting reading on reasonable doubt question (especially Borque and Macdonell: http://www.nji.ca/nji/postings/criminal_law_06/index.htm
November 14th
Making Change: Sexual Assault Equality Litigation and Law Reform
Readings
All of Chapter 11
November 21st
We will address 'Battered women's syndrome' and the concept of the 'reasonable person/reasonable battered woman'.
Guest: Kim Pate, CAEFS.
Readings": Chapter 5A of the course text.
Also please see: Elizabeth Fry ‘Fact Sheets’
November 28
Conclusion and Review
Readings:
614: Woolf
Full Link: http://etext.library.adelaide.edu.au/w/woolf/virginia/w91tg/
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