Jotwell: Grant reviews Fournier, McDougall & Dekker "Dishonour, Provocation and Culture: Through the Beholder’s Eye?"

Isabel Grant (UBC Law) reviews Pascale Fournier (Ottawa Civil Law Section), Pascal McDougall & Anna R. Dekker, Dishonour, Provocation and Culture: Through the Beholder’s Eye?, 16(2) Can. Crim. L. Rev. 161 (2012), here.

In their thought-provoking work Dishonour, Provocation and Culture: Through the Beholder’s Eye?, Pascale Fournier, Pascal McDougall and Anna R. Dekker use a unique blend of historical, cross-cultural and empirical analysis to reveal the connections between so-called “honour killings” and intimate femicides where the defence of provocation is invoked.  While “honour killings” typically involve “non-Western” defendants, and concerns about gender equality are more explicit, intimate femicides raise similar equality concerns which are often unrecognized and concealed.  The authors acknowledge that there are differences between our typical conception of honour killings and the spousal homicides in which provocation is raised by Western defendants.  For example, traditional honour killings invoke the idea of public honour, whereas in the provoked intimate femicides, “the locus of honour has shifted from the traditional extended family to the individual man” (178).line drawing of an eye

 

Law's Slow Violence: a continuing conversation

Thanks to the great group of people who turned up for our workshop last Friday – much fun despite some absent people who were greatly missed.  The conference is described here, and all the discussions and comments leading up to the conference, from Dayna Scott, Angela Harris, Pearl Kan, Doug Hay and Estair Van Wagner, are available here.

I am still wondering about live tweeting conferences – sometimes it’s great (when I really want to be there and cannot), but for the ordinary twitter follower, the avalanche of tweets can be a bit much.  At any rate, I do think that some things can be very helpful – for instance, tweeting the full titles and links to articles, books, and other items mentioned by conference speakers.  Below are some of the things that our panelists relied on in their remarks:

There were many more! These are just the ones that I caught.

Thanks again to the panelists and especially to Rob Nixon, as generous and thoughtful an academic as you’re ever likely to meet.  We aren’t closing off our law’s slow violence conversation yet – stay tuned for the video of the opening remarks from Rob and Osgoode’s Dayna Scott on video, and we would welcome any blog posts from panelists.

Personally, I am still stuck on the question of whether we (those) in the global North can only be reached by arguments which reference some future time in which the “violence” is brought home to us (them)– either in the form of climate change (e.g. coastal flooding) or climate refugees.  Is that the narrative that is needed? Must we “go there”?  In addition, I am still struggling with how to integrate law into this conversation, as we agreed that the representational issues that the book takes on with respect to “slow moving attritional disaster” are very relevant to legal advocates.  But on the other hand we also agreed that formal. positive law is – to an almost complete extent – wildly resistant to efforts to either halt or attempt to remedy such violence.  I look forward to getting together a reading list of articles which, in some type of case study format, detail the ways in which law is implicated both in some particular “slow” violence and in ongoing efforts to ignore, deny and conceal the consequences.  Such fine grained approaches will, I think, be a starting point to mapping the ways that lawyers and legal scholars can think about other possibilities for legal interventions in “slow violence”. Finally, I want to think more about  the place of gender in these conversations (on which consider for a start “Slow Violence, Gender, and the Environmentalism of the Poor,” Journal of Commonwealth and Postcolonial Studies 13.2-14.1, 2006-2007, 14-37 (special issue on environmentalism and postcolonial literatures) (pdf).)

-à la prochaine on these points-

Law's Slow Violence Guest Post: Estair Van Wagner on Slow Violence, Property Law & Dephysicalization

As part of the Law’s Slow Violence workshop hosted by Osgoode Hall Law School next week (June 14) (complete information here or at the bottom of this post), we have solicited guest posts from academics attending the workshop and interested in the issues. 

Find the other four posts here.

 

Today, Osgoode Graduate Student Estair Van Wagner offers her thoughts – from Australia – on property law and the challenges of our advocacy relationships with people and places.

 

Slow Violence, Property Law & Dephysicalization

 

I have been thinking about property a lot lately. At the moment, I am living in Australia and studying with the property law scholar Nicole Graham, author of Lawscape: Property, Environment, Law (OHLJ book note here). While this means I am regrettably missing this week’s workshop, it has been an amazing few months of thinking, talking and writing. Naturally, this means that my reading of Slow Violence and the Environmentalism of the Poor has a great deal to do with property. But, it also has me thinking about law and lawyers, and the challenges of our advocacy relationships with people and places.

 

Rob Nixon brings the writer-activist into view as a critical figure in struggles for environmental justice. He describes a number of literary interventions that have brought communities and ecosystems “into imaginative focus” (160) in order to counter the rhetoric of progress that pushes development forward, literally erasing the lives and homes and livelihoods of those who stand in the way.

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Nixon’s discussion of mega-dams and Arundhati Roy brought to mind one of my favourite passages in Graham’s book: “The strangeness and crises of people-place relations prescribed by modern property law are increasingly evident from disputes over property rights where what has been lost has not been the right, but the place” (164). Transformative land uses like mega-dams literally remove places and the complex networks of people place-relationships in which they are embedded. Indeed, I am reminded of the highly contested nature of mega-dam construction everyday as I pass a 30-year-old “No Dams in South West Tasmania” sign on my way home from the ferry.

 

Nixon convincingly argues that Roy as the activist writer has made places and people-place relationships visible in the face of the “affectless language of technospeak” (169). But what role do lawyers have in making the complex spatial and temporal damage of this kind of slow violence visible? Can legal interventions bring this kind of loss into focus? In my view, this depends on the possibilities for lawyers to learn from the literary interventions examined by Nixon. The writer-activists he points to demonstrate the need to think, write and talk about property differently. As lawyers we need to learn that it is possible, and necessary, to reimagine property if we are going to productively engage with Nixon’s “resource rebels.”

 

While some of the other writers Nixon discusses are themselves founders of the movements with which their writing is engaged, Nixon describes Roy as having become a “vital translator” for an environmental justice movement. For me, this notion of the vital translator raises important questions about role of the lawyer. After all, much of what lawyers do is to translate the experiences, the heartache, the outrage, and the stories behind the cases they work on into language that the formal legal system can understand. But this work is always fraught with difficulty.

 

The work of the lawyer as translator is particularly problematic in the context of conflicts about land and ecosystems because the dominant legal constructions of property leave little or no space for the articulation of people-place relations. As Graham argues, “Modern legal discourse is both closed to questions of place in disputes over property and disrupted by claims that place matters” (20). As a result, the best (read most likely to succeed), argument in the context of a legal proceeding may have little or nothing to do with the spatial or temporal connections to place that communities articulate in a particular conflict. In fact, as Nixon’s description of the “mobile adaption” of floodplain peoples makes clear, the very basis of a people’s ability to sustain and survive in a particular place becomes the basis of their legally sanctioned dispossession in contemporary property law: “Thus, through the logic of a selective enlightenment that discriminates against environmentally viable mobility, a deep temporal belonging is made shallow by the designation ‘informal residents’” (165).

 

Graham’s work gives us some insight into how property law is able to transform this relationship of belonging to the land into the informal, and possibly insurgent, existence that Nixon describes.  She points to the “dephysicalized” nature of contemporary property law and links it directly to the types of maladapted land use practices that the mega-dams exemplify (2). By dephysicalization Graham is referring to modern Anglo-American law’s treatment of property as purely about abstract rights rather than material things and places. She traces this concept of property from John Locke right into today’s law school classrooms and shows how courts transform disputes about real places and relationships into arguments about abstract rights (162). Lawyers, Graham argues, practice this dephysicalized paradigm of property, maintaining the irrelevance of place to property in the resolution of land use disputes (161). But what does this practice of dephysicalization look like?

 

Deborah Martin, Alexander Scherr and Christopher City’s “Making law, making place: lawyers and the production of space” provides some insight into this process. Their research is an attempt to explore the “relationships between lawyers, clients, and the cultural construction of space or landscape” and the role of lawyers in “place-making” (181-82). The questions they raise about the process of translation from community concerns to legal argument point to the unexamined role of lawyers in producing spatial norms and relations:

 

How do lawyers involved in land-use conflicts understand and enact the place frames of their clients in their problem-solving? How do they conceptualize their own understandings of land in light of community place frames, the land use conflict and the relevant law? What happens to community interests in the transition from geographic discourse about place and community to legal discourse of rights, processes, and remedies? What is lost or gained or altered in translation? Do lawyers and their clients remain bound by traditional legal regimes, or do they escape them through solutions that negotiate the discontinuity between those regimes and community place frames? (182-183)

 

Martin, Scherr and City describe the work of lawyers in land disputes as translation, but also as transformation. Transformation captures the moves through which meanings articulated by the community are lost, but also through which meaning is added as the lawyer selects the appropriate legal concepts and rules to engage with and introduces her or his own values about place and spatial relations (183). It is both less and more than translation because in many circumstances what was understood as a strong moral claim has been replaced with a weak legal one, as was the case in the conflict that they studied, where the production of the legal argument “altered the client’s powerful desire for security and stability into unstable and insecure legal claims” (186).

 

This conception of lawyers as ‘transformers’ provides some insight into the relative ability of legal interventions to make slow violence visible. Nixon describes Roy’s essays as “intimate assaults on the calculated opacity, the profoundly consequential tedium, of the technocratic report that camouflages violence while clearing a path for it in a language scoured of emotion” (169). In contrast, lawyers are tasked with transforming claims about specific material places, based on complex people-place relations of belonging, into cognizable legal claims about abstract rights. It is precisely the emotion and material effects of environmental degradation that are left out of legal arguments and decisions, as they are transformed into abstract principles and concepts. The form in which legal arguments are materialized – the factum, the book of authorities, the Orders and Reasons for Decision – resemble the “weighty, leaden genres” of feasibility studies and environmental impact reports far more than Roy’s “small, nimble” essays.

 

So, the question I am left with is, how does the role of lawyer as ‘transformer’ relate to the role of the writer as ‘translator’ in environmental justice struggles? And, perhaps more importantly, what can we as lawyers learn from Nixon’s examination of these vital translators and the way they have brought unimagined communities into imaginative focus? I turn to Graham again for a starting point: “If we want to know how to reshape our property law, we have to look no further than the landscape because it is the landscape that reveals our place in the world and the opportunities and limits of our connection with it” (206). Perhaps we can understand literary interventions like Roy’s essays as demonstrating the value of looking no further than the places at stake in land use conflicts. Perhaps we can imagine the possibility of translating relationships into claims without transforming them into abstractions.

 

 

 

 


 

Law’s Slow Violence Workshop June 14, 2013

 

poster for event contains same intormation as text on page

Law’s Slow Violence: A workshop at Osgoode Hall Law School

Friday June 14 2013

930AM to 430PM     Osgoode Hall Law School IKB 1014

with Rob Nixon, Rachel Carson Professor of English at the  University of Wisconsin-Madison,

Author of  Law’s Slow Violence & the Environmentalism of the Poor, HUP 2012

Registration is Free but Limited

RSVP www.osgoode.yorku.ca/research/rsvp  Event Code SLOW

Copies of the book are available at the York University Bookstore.

Order the book from Harvard University Press here  Order the book from Chapters/Indigo bookstores here.

Read Professor Dayna’ Scott’s review of the book (published in the Osgoode Hall Law Journal) on SSRN, here:

With gripping urgency, Rob Nixon’s book “Slow Violence and the Environmentalism of the Poor” seeks to reveal the “occluded relationships” between transnational economic actors and the things that tie them to particular places, such as labour, land, resources and commodity dynamics.

He brings into view the bodies caught in the middle – those that have been raced and erased, made invisible, and wiped away — by exposing the violence perpetrated against them across time and space. Nixon’s work is a broad synthesis of a seemingly disparate set of literatures in post-colonial studies, eco-criticism and literary studies. His arresting narrative engages three primary concerns: the phenomenon of “slow violence,” the environmentalism of the poor; and the role of the writer-activist in the work of making the first two ‘visible.’

Slow violence, in Nixon’s conception, is “a violence that occurs gradually and out of sight, a violence of delayed destruction that is dispersed across time and space, an attritional violence that is typically not viewed as violence at all.”

Because he views a major aspect of the critical challenge to be representational – the problem of devising “stories, images and symbols adequate to the pervasive but elusive violence of delayed effects” – Nixon focuses on the storytellers themselves. And the storytellers he chooses are the writer-activists that have inspired an environmentalism of the poor, primarily in the Global south. They include Arundhati Roy, Ken Saro-Wiwa, Abdulrahman Munif, and Jamaica Kincaid, among others. They are all figures who, like Nixon, demonstrate a stubborn resistance to liberalism’s urge to “locate violence outside law.” Instead of treating law as that which contains violence, they plainly confront its complicity.

[abstract]

The organizers gratefully acknowledge

the financial support of

the Dean’s Conference Fund,

a Harry Arthurs Collaborative Grant,

Osgoode’s Law.Arts.Culture initiative.

the Institute for Feminist Legal Studies,

& York’s Vice-President’s Research and Innovation

the work of

Natalia Angel (Osgoode Doctoral Candidate)

the administrative & organizational expertise of

Lielle Gonsalves and Jody-Ann Rowe-Butler

 

 

Participants

Rob Nixon is currently the Rachel Carson Professor of English at the University of Wisconsin-Madison. Professor Nixon received his Ph.D. from Columbia University and is the author of London Calling: V. S. Naipaul, Postcolonial Mandarin (Oxford University Press); Homelands, Harlem and Hollywood: South African Culture and the World Beyond (Routledge); Dreambirds: the Natural History of a Fantasy (Picador); and Slow Violence and the Environmentalism of the Poor (Harvard University Press 2011). Professor Nixon is a frequent contributor to the New York Times; his writing has also appeared in publications such as The New Yorker, Atlantic Monthly, London Review of Books, Times Literary Supplement, Village Voice, The Nation, The Guardian, Outside, Chronicle of Higher Education, The Independent, Critical Inquiry, PMLA, Social Text, Slate, South Atlantic Quarterly, Transition, Cultural Critique, Contemporary Literature, Journal of Commonwealth and Postcolonial Studies, Ariel, Modern Fiction Studies, New Formations, and Black Renaissance/Renaissance Noire. He has published over ninety journal articles, essays, and book chapters.  Professor Nixon teaches environmental studies, postcolonial studies, creative nonfiction, African literature, world literature, and twentieth century British literature. He is a former chair of the Border and Transcultural Studies Research Circle and is affiliated with the Nelson Institute for Environmental Studies, the Center for Culture, History, and the Environment (CHE), the African Studies program, and the Creative Writing Program.  Professor Nixon has been the recipient of a Guggenheim Fellowship, a Fulbright-Hays Fellowship, a MacArthur Foundation Peace and Security Fellowship, and a National Endowment for Humanities Fellowship. He is currently a Senior Fellow at the University of Wisconsin-Madison Institute for Research in the Humanities.

 

Jeremy Baskin is a Senior Associate at the University of Cambridge’s Programme for Sustainable Leadership, a Senior Fellow at Melbourne Business School, and an Adjunct Professor at Latrobe University. In each role he focuses on the implications of social and environmental (un)sustainability for major organizations in business, government and civil society. From South Africa, he was previously a leading trade unionist, anti-apartheid activist and writer. Post-apartheid, he was a senior public servant and advisor to the Mandela Presidency. From 2001 he headed a UK-based global research team, examining the social, environmental and ethical practices of major global companies. From 2005 he has worked at Cambridge University. He moved to Australia in 2007.

 

Amar Bhatia is completing his S.J.D. in the Faculty of Law at the University of Toronto.  His work focuses on the status and authority  of migrant workers and Indigenous peoples under Canadian immigration law, Indigenous legal traditions, and Canadian Aboriginal law.  He received his LL.B. from Osgoode Hall and then articled and worked in union-side labour and employment law in Toronto before returning to graduate school, where he received the Howland Prize in U of T’s LL.M. program.  His article entitled “The South of the North: Building on Critical Approaches to International Law with Lessons from the Fourth World” (2012) appeared in a special symposium issue of the Oregon Review of International Law on Third World Approaches to International Law.  Another recent publication entitled “In a Settled Country, Everyone Must Eat’: Four Questions About Transnational Private Regulation, Migration, and Migrant Work” appeared in the German Law Journal (Dec. 2012).

 

Ruth Buchanan is Associate Professor at Osgoode Hall Law School.  She has research and teaching interests in the areas of law and development, international human rights, international economic law, critical legal theory, and law and film.  Her work frequently engages with issues of legal pluralism, resistance and affect.  She is a co-editor of Reading Modern Law: Critical Methodologies and Sovereign Formations (2012).  She has authored numerous articles and book chapters, including “Writing Resistance into International Law” (2008) International Community Law Review and “”Passing through the Mirror: Dead Man, Legal Pluralism, and the Deterritorialization of the West.” (2011) She holds an LLM and an SJD from the University of Wisconsin-Madison, and has also taught at the University of British Columbia, the University of New Brunswick, and University of Melbourne law schools.

 

Bryony Halpin is a PhD candidate in the Faculty of Environmental Studies (FES) at York University.  She holds a Master of Arts in Public Policy and Administration from Ryerson University and a Bachelor of Arts in Political Science from Concordia University.  Before joining FES, Bryony was awarded a Walter and Duncan Gordon Foundation water policy fellowship and conducted research for the non-profit sector in New York, Mumbai and Toronto.  She has been a course director at both York University and Ryerson University.  Bryony’s work is centered on environmental justice, racialization and the postcolonial city.

 

Douglas Hay is a Professor at York Universtity, cross-appointed to Osgoode Hall Law School and York’s Department of History since 1981, teaching the comparative history of criminal procedure, punishment, and crime, and the history of private law in the common law world.  He is co-director of a continuing international project on the evolution of the contract of employment (Hay and Craven, Masters, Servants and Magistrates in Britain and the Empire, 1562-1955 (2004) and other titles.)  Recent work includes the history of the English high court’s criminal jurisdiction (Crown Side Cases in the Court of King’s Bench, 2010), and Professor Hay is presently writing about the administration of the criminal law in Georgian England.  He has published on the history of English and Quebec criminal law; comparative history of criminal procedure; social history of crime; judicial biography; courts and their political significance; and the history of employment law.  He has been a visitor at Yale, Warwick, and Columbia law schools, and has been on the boards of the Canadian Historical Review, Law and History Review, the Law and Society Association, and the American Society for Legal History.

 

Sonia Lawrence is Associate Professor at Osgoode Hall Law School. She graduated from the University of Toronto’s joint LLB/MSW program, and went on to serve as law clerk to Chief Justice Beverley McLachlin of the Supreme Court of Canada.  With the help of Fulbright and SSHRC Fellowships, she then attended Yale Law School where she focused on constitutional equality issues and welfare administration.  A past member of the Board of Parkdale Community Legal Services, Professor Lawrence has also provided expertise to the African Canadian Legal Clinic, the Women’s Legal Education and Action Fund (LEAF), and the Court Challenges Program.  She is the case comments editor of the Canadian Journal of Women and the Law.  Her work centers on questions of equality and includes examinations of the Supreme Court of Canada’s equality jurisprudence, the influence of feminism in Canadian law, sentencing regimes for ‘drug mules,’ diversity on the bench, and section 28 of the Charter.  She is the Director of the Institute for Feminist Legal Studies and the chair of the Academic Policy Committee.  She teaches first-year State and Citizen (constitutional and public law) as well as Perspective Option/upper-year seminars including Law, Gender, Equality.  Professor Lawrence runs a blog for the Institute for Feminist Legal Studies at http://ifls.osgoode.yorku.ca/ and is on Twitter as @OsgoodeIFLS.

 

Karin Mickelson is Associate Professor at The University of British Columbia, Faculty of Law. She has taught in the areas of international law, international environmental law, real property, environmental law and legal theory, and has supervised and co-supervised graduate students in a wide range of areas including international environmental law, international legal theory and international human rights. She has also served as the faculty advisor to UBC teams participating in the Jessup International Law Moot Court Competition.  Professor Mickelson’s research activities have focused on the South-North dimension of international law; for example, she has explored the possibility of identifying a distinctive Third World approach to international law in “Rhetoric and Rage: Third World Voices in International Legal Discourse” (1998) 16 Wisconsin International Law Journal 353-419, and has analyzed the failure of international environmental law to respond to the concerns of the South in “South, North, International Environmental Law, and International Environmental Lawyers” (2000) 11 Yearbook of International Environmental Law 52-81.  Her current research focuses on the impact of developing countries on the evolution of international environmental law. She is also a contributor to leading Canadian casebooks on international law and environmental law.

 

Usha Natarajan is an assistant professor in the Department of Law and the Center for Migration and Refugee Studies. She first joined AUC in 2010 as a visiting assistant professor of international law in the Department of Political Science.  Professor Natarajan has a multidisciplinary academic background, with a PhD in international law from the Australian National University, a MA in international law from the United Nations University of Peace, and an LLB (law) and a BA (art history) from Monash University. She has taught international law at the Australian National University, and worked with various international organizations including UNDP, UNESCO and the World Bank. She has worked with law initiatives in Asia, including Indonesia during its democratic transition, and in post-independence Timor Leste. Natarajan serves as a legal research fellow on human rights and poverty eradication at the Center for International Sustainable Development Law at McGill University. Recent publications include ‘Fairness and International Environmental Law from Below: Social Movements and Legal Transformation in India’ (2012) and ‘TWAIL & the Environment: The State of Nature, the Nature of the State and the Arab Spring’ (2012).

 

Pooja Parmar is the inaugural Catalyst Fellow and visiting professor at the Osgoode Hall Law School. She has recently completed PhD in law at the UBC Faculty of Law. The focus of her doctoral research was a dispute over groundwater that began with adivasi (indigenous) protests against a Coca-Cola plant in Kerala, India. Based on extensive legal, ethnographic and archival research, her dissertation explores how claims central to such disputes are inadequately understood.  Pooja received her LLM degree from UBC Law and her LLB degree from Panjab University in India. She has practiced law in New Delhi for several years, and has taught at UBC Law and Osgoode Hall.  Her research interests include legal pluralism, intersections of law and colonialism, indigeneity in a global context, human rights, law and development, and TWAIL. Her most recent paper titled ‘Undoing Historical Wrongs: Law and Indigeneity in India’ was published in the current issue of the Osgoode Hall Law Journal.

 

Sundhya Pahuja is a professor in the Melbourne Law School, University of Melbourne and the director of the Law and Development Research Programme at the Institute for International Law and the Humanities.  Pahuja’s scholarship is concerned with the relationship between international law and institutions and the question of global inequality. She researches, writes and teaches in the areas of law and development, international law, law and globalisation and legal theory.  Her work engages with the practice, and praxis, of international law and development through political philosophy, political-economy and postcolonial theories. She has worked as a research associate in international law and human rights at the EUI in Florence, practiced as a commercial lawyer, and for several years chaired the committee of management at the Darebin Community Legal Centre.  She is currently a member of the organising committee of the Legal Theory Interest group of the European Society of International Law and serves on the editorial boards of the Australian Feminist Law Journal * and the Law, Social Justice and Global Development Journal *(LGD) based at the University of Warwick.  Her latest book, Decolonizing International: Development, Economic Growth and the Politics of Universality, was awarded the American Society of International Law Certificate of Merit.

 

Dayna Nadine Scott is Associate Professor at Osgoode Hall Law School and the Faculty of Environmental Studies at York University. She joined York in 2006 after completing a SSHRC Post-Doctoral Fellowship at McGill’s Faculty of Law and a Hauser Global Research Fellowship at NYU. Professor Scott’s teaching is in administrative law, environmental law, risk regulation and international environmental governance. She recently completed a SSHRC-funded research project in partnership with environmental justice activists from the Aamjiwnaang First Nation, near Sarnia`s Chemical Valley, which tackled the issue of chronic pollution on an Ontario reserve. The project applied a critical, feminist perspective to the examination of law’s treatment of the “risks” of long-term, low-dose exposures to pollutants.  Professor Scott’s publications cover topics from international law’s “precautionary principle” and the regulation of toxic substances to the challenges posed for law and environmental health activism by the emerging endocrine disruption thesis.  She is interested in questions of environmental regulation and governance from an interdisciplinary perspective, especially work that interrogates the interaction between local and global modes of governing and ways of knowing.  The chapter, “Pollution and the Body Boundary: Exploring Scale, Gender and Remedy” appears in the recent volume, Feminist Perspectives on Tort Law, edited by Janice Richardson and Erica Rackley (Routledge, 2012).   Professor Scott is the editor of `Consuming` Chemicals: Law, Science and Policy for Women`s Health, forthcoming from UBC Press, and the Director of the National Network on Environments and Women`s Health. She is currently working on research related to the environmental justice implications of the pipeline decisions being contemplated by the National Energy Board.

 

Kate Sutherland is Associate Professor and Assistant Dean, First Year, at Osgoode Hall Law School.  She joined Osgoode’s faculty in 1998, and has taught law at the University of Saskatchewan. She has served as law clerk to Chief Justice Antonio Lamer of the Supreme Court of Canada, as well as Chief Justice E. D. Bayda of the Court of Appeal for Saskatchewan. Professor Sutherland is former Acting Director of the Centre for Constitutional Studies at the University of Alberta. She was the recipient of a Fulbright Fellowship in 1995 and the Law Society of Saskatchewan Gold Medal in 1989.  Professor Sutherland has written and presented in areas such as charter equality rights, sexual harassment, childhood sexual abuse, and tort law. She has served as editor or co-editor of several publications, including Review of Constitutional Studies, Constitutional Forum, Points of View, and Saskatchewan Law Review . Professor Sutherland has also written several literary pieces, including “The Necklace” in The New Quarterly , Winter (1997), Summer Reading: A Collection of Short Fiction (Saskatoon: Thistledown Press, 1995), and “Lucia” in Prairie Fire (1992).  Professor Sutherland’s community involvement has included her work for the Boston AIDS Care Project, University of Saskatchewan Women’s Centre, Her Story Calendar Collective, Saskatchewan Action Committee on the Status of Women, and the Saskatchewan Writers Guild.

CFP's and other opps via the Centre for Feminist Research (Yorku) mailing list.

These all came through the Centre for Feminist Research (Yorku) mailing list. This is a low traffic list with specially chosen events and announcements. I don’t think i have ever received more than one email per week.  Think about joining – just email cfr@yorku.ca with a request to join the list.

CFP: Critical Perspectives on Gender Equality Measurement in Canada.  Edited Volume (Deadline Aug. 15, 2013)

Gender equality has been actively embraced globally as a policy goal and social value by governments, agencies, organizations, and private sector actors. In the last 15 years, these same institutions and actors have designed various instruments to measure gender equality that are often highly technocratic and result in the production of vast qualitative and quantitative data. An unparalleled production of instruments and conceptual frameworks to measure gender now exist; yet, the focus to date has concentrated on the effectiveness of the instruments employed for inclusion and evaluation rather than analysis of the broader impact of the project of gender equality measurement itself.  In addition, the study and practice of the different measurement techniques and protocols has unfolded in geographic or institutional silos with little or no cross communication. At the same time, there are serious critiques of the gender equality measurement project per se from scholars, activists and policy makers.  On one end of the spectrum are concerns that the focus on gender undermines neutral standards and results in discriminatory rather than equitable practices and policies. Other critiques posit that measuring gender equality results in assimilation or tokenism that effectively masks and exacerbates inequities. This collection will undertake an assessment of gender equality measurement as it has unfolded in Canada. We are seeking contributions that address the state-of-the-art in gender equality measurement, including research into how gender equality is measured and how existing practices can be improved, as well as articles that examine and critique the “technical turn” in policies that promote gender equality. Papers are welcome that consider the multiple and often contradictory effects of the emphasis on measurement for policy, governance, and feminist advocacy and research. What is being measured and how? How has the choice of measurement tools affected the vision of gender equality that is promoted? Who is accepted as a gender expert?  Under what conditions have current measurement efforts furthered gender equality goals, and under what conditions has it undermined them? We are interested in papers that span all scales of gender equality measurement, from studies of municipal governments to international institutions, as well as contributions that explore these issues in public, private or non-profit sectors. Guidelines for submission: Please submit a 300-word abstract of your proposed contribution and a 100-word biography by August 15, 2013 to co-editors Christina Gabriel (Christina.Gabriel@carleton.ca<mailto:Christina.Gabriel@carleton.ca>) or Pauline Rankin (Pauline.Rankin@carleton.ca<mailto:Pauline.Rankin@carleton.ca>). Potential contributors will be contacted by September 15, 2013. Draft papers will be due February 15, 2014. This timeline is in anticipation of a manuscript for submission to a university press in Summer 2014. L. Pauline Rankin, Associate Dean – Research and Graduate Affairs, Faculty of Arts and Social Sciences, Carleton University, 1125 Colonel By Drive, Ottawa, Ontario, K1S 5B6

 

OPPORTUNITIES

 

Legal Research Assistant, Envisioning Global LGBT Human Rights-York University (June 20)

We are seeking a Research Assistant with expertise in law to participate in a Social Sciences and Humanities Research Council of Canada: SSHRC funded study: “Envisioning Global LGBT Human Rights” led by principal investigator Nancy Nicol (York University).  The position is ideal for a LLM. The successful applicant will be working with the Law and Human Rights Mechanisms Research Team of Envisioning, co-chaired by Douglas Elliott, (Roy Elliott O’Connor: REOLAW), Susan Ursel (Ursel Phillips Fellows Hopkinson LLP) and Kim Vance (Arc International) and with international colleagues and partners from Canada, Kenya, Uganda, Botswana, Jamaica, Belize, and Guyana. Envisioning Global LGBT Human Rights is an international research project that fosters links between Canada and the Global South to document and analyze i) criminalization of LGBT people, ii) flight from violence and persecution, iii) resistance to criminalization, and iv) the interaction between International Treaty Body Human Rights Mechanisms and LGBT rights initiatives. Based in a participatory research approach, Envisioning is made up of community partners and community and academic researchers in Canada, Africa, the Caribbean, and India. Responsibilities: Envisioning seeks a qualified graduate student to assist with academic legal research related to the project’s broader mandate as well as some administrative work related to project knowledge mobilization. Contingent on emerging priorities and needs of the project, the student will be working on the following: Conduct comparative analysis, as required, on the possible application of Canadian Constitutional Rights principles as they relate to human and constitutional rights for LGBTI persons in jurisdictions which have adopted Canadian style Charters and/or Bills of Rights in the Caribbean and African countries involved in this project. Assist in the finalization of draft research papers. Assist in compilation and gathering of pleadings in case law relevant to the study. Comment, summarize, and analyze the judgment of the Supreme Court of India in the Naz Foundation case as and when it comes out. Prepare background synopsis of anti-discrimination legislation in India, especially in employment matters. And, any potential positive impact in the wake of Naz Foundation judgment from the High Court of Delhi. Prepare a brief comparative analysis of human rights mechanisms working in Canada and India such as under the Ontario Human Rights Commission (OHRC) and the National/State Human Rights Commission (N/SHRC), India. Qualifications: LLM student with demonstrated interest and strong international research skills in one or more areas: comparative criminal law in common law jurisdictions; comparative constitutional law in common law jurisdictions; human rights in common law jurisdictions; lgbti and diversity legal issues in a global context. Additional qualifications: Demonstrated interest and knowledge in any one or more of the jurisdictions under study: Uganda; Kenya; Botswana; Jamaica; Belize; Guyana; India.  This position will run from September 2013 – April 2014.  Hours of work will average at 10 hours per week. The position will be an RA or GA position at York FGS salary rates and benefits. The position is contingent on FGS approval of the MFGA/RA (matching fund GA or RA) submission and eligibility of the student for a MFGA/RA. Some research travel may be included in this position depending on budgetary considerations and overall research needs. Please forward electronic CV, covering letter and the names and telephone numbers of two (2) references, attention to Professor Nancy Nicol, PI Envisioning Global LGBT Human Rights to:  Julia Pyryeskina, Project Administrator – Envisioning Global LGBT Human Rights, Room 606, York Research Tower, 4700 Keele St. Toronto ON M3J 1P3 , Tuesday-Thursday, 8.30am-4.30pm, 416 736 2100, ext. 44567, Deadline for applications is June 20,_2013.

 

[4] MA Research Assistant, Envisioning Global LGBT Human Rights- York University (June 20, 2013)

We are seeking a Research Assistant with expertise in sexualities studies, law and society, sociology or related field specifically as it relates to Africa – to participate in a Social Sciences and Humanities Research Council of Canada: SSHRC funded study: “Envisioning Global LGBT Human Rights” led by principal investigator Nancy Nicol (York University).  The position is ideal for a MA. The successful applicant will be working with the PI Nancy Nicol, the Africa Research Team chaired by Richard Lusimbo (Sexual Minorities Uganda: SMUG) and the Africa Law caucus of Envisioning chaired by: Susan Ursel (Ursel Phillips Fellows Hopkinson LLP) and with community based researchers, lawyers and academics based in Canada, Uganda, Botswana, and Kenya. Envisioning Global LGBT Human Rights is an international research project that fosters links between Canada and the Global South to document and analyze i) criminalization of LGBT people, ii) flight from violence and persecution, iii) resistance to criminalization, and iv) the interaction between International Treaty Body Human Rights Mechanisms and LGBT rights initiatives. Based in a participatory research approach, Envisioning is made up of community partners and community and academic researchers in Canada, Africa, the Caribbean, and India. Responsibilities: Envisioning seeks a qualified graduate student to assist with research related to the project’s broader mandate.  Contingent on emerging priorities and needs of the project, the student will be working on: literature review, study source and data searches, qualitative data analysis of key informant interviews related to sexual orientation/expression and gender identity/expression in Africa focusing on Kenya, Uganda and Botswana; customary law and pre-colonial laws and understandings of sexuality, sexual orientation/expression and gender identity/expression. The position will also include some administrative duties, including maintaining dialogue with the study’s academic and community-based researchers. Dependent upon performance there may be opportunities for conference presentations, contribution to report writing and co-authorship on publications. Qualifications:  We are seeking applicants at the MA level of study with experience and interest in qualitative research.  Applicant must have excellent written, verbal and interpersonal communication, time management and organizational skills and an ability to work both independently and as a team member in carrying out their responsibilities.  Demonstrated interest in one or more of the jurisdictions under study: Uganda; Kenya; Botswana, and in sexualities, and sexual orientation and gender identity in Africa. This position will run from September 2013 – April 2014.  Hours of work will average at 10 hours per week. The position will be an RA or GA position at York FGS salary rates and benefits. The position is contingent on FGS approval of the MFGA/RA (matching fund GA or RA) submission and eligibility of the student for a MFGA/RA. Please forward electronic CV, covering letter and the names and telephone numbers of two (2) references, attention to Professor Nancy Nicol, PI Envisioning Global LGBT Human Rights to: Julia Pyryeskina, Project Administrator – Envisioning Global LGBT Human Rights, Room 606, York Research Tower, 4700 Keele St. Toronto ON M3J 1P3, Tuesday Thursday, 8.30am-4.30pm, 416 736 2100 ext. 44567. Deadline for applications is June 20, 2013.  Interviews with shortlisted candidates will take place during the week of June 24.

 

PhD Research Assistant, Envisioning Global LGBT Human Rights- York University (June 10, 2013)

We are seeking a PhD student with an interest in LGBT (Lesbian, Gay, Bisexual, Transgender) asylum and refugee issues, to participate in a Social Sciences and Humanities Research Council of Canada: SSHRC funded study: “Envisioning Global LGBT Human Rights” led by principal investigator Nancy Nicol (Visual Arts, York University).  The position is ideal for a doctoral student in refugee studies, political science, social sciences, social work, sociology or a related field. Envisioning Global LGBT Human Rights is an international research project that fosters links between Canada and the Global South to document and analyze i) criminalization of LGBT people, ii) flight from violence and persecution, iii) resistance to criminalization, and iv) the interaction between International Treaty Body Human Rights Mechanisms and LGBT rights initiatives. Based in a participatory research approach, Envisioning is made up of community partners and community and academic researchers in Canada, Africa, the Caribbean, and India. The successful applicant will be working with the Canada Research Team, chaired by Nick Mulé (Social Work, York University) and Erika Gates-Gasse (Ontario Council of Agencies Serving Immigrants: OCASI), which is examining conditions and issues affecting LGBT-identified asylum seekers and refugees coming to Canada.  Responsibilities: Literature review, study source and data searches, qualitative data analysis, coding and thematic/content analysis of focus group transcripts, maintaining dialogue with study’s academic and community-based researchers and some administrative duties and assistance with report writing.  Dependent upon performance there may be opportunities conference presentations and co-authorship on publications. Qualifications:  We are seeking applicants at the doctoral level of study with experience and interest in qualitative research and qualitative data analysis.  Knowledge of current Canadian refugee and asylum seeking policy and experience with qualitative data analysis software (i.e. N’Vivo) would be considered assets.  Applicant must have excellent written, verbal and interpersonal communication, time management and organizational skills and an ability to work both independently and as a team member in carrying out their responsibilities.  This position will run from September 2013 – April 2014.  Hours of work will average at 10 hours per week. The position will be an RA or GA position at York FGS salary rates and benefits if a GA. The position is contingent on FGS approval of the MFGA/RA (matching fund GA or RA) submission and eligibility of the student for a MFGA/RA. Please forward electronic CV, covering letter and the names and telephone numbers of two (2) references, attention to Professor Nancy Nicol, PI Envisioning Global LGBT Human Rights to: Julia Pyryeskina, Project Administrator – Envisioning Global LGBT, Human Rights, Room 606, York Research Tower, 4700 Keele St. Toronto ON M3J 1P3 , Tuesday-Thursday, 8.30am-4.30pm, 416 736 2100 ext. 44567, Deadline for, applications is June 10, 2013. Interviews with shortlisted candidates will take place during the week of June 17.

 

Volunteer and Outreach Development Coordinator, with the Centre for Women and Trans People, York University (Deadline June 21, 2013) 

Job Posting at The Centre for Women and Trans People at York University,Toronto, ON.Position Title: Volunteer and Outreach Development Coordinator

Position Type: Casual Employment, July 2/13-Nov 30/13, 20hrs/wk, workdays. Negotiable. Wage: $19.50/hr. Workplace Environment: Union, CUPE 1281. Starting Date: July 2, 2013. Application Deadline: June 21, 2013. Interviews will be held the week of June 24th. The volunteer coordinator is responsible for attracting, recruiting, and retaining volunteers for CWTP. The focus is to leave staff and collective members with a detailed strategic plan outlining the steps to coordinate all areas of the volunteer cycle. The Centre for Women & Trans People at York University is a unionized workplace with CUPE Local 1281. As per the Collective Agreement, this is a temporary project-based position of five months and will not accrue seniority

or permanent status. About the Centre for Women and Trans People. The Centre for Women & Trans People (CWTP or “The Centre”) is a student- funded, collectively run, volunteer-driven organization at York University. We are a progressive, pro-choice, anti-racist, queer-positive, trans-positive, feminist organization committed to: Breaking the social isolation that women and trans people face on campus through programming, socials and networking events Individual and collective empowerment through esteem building, education and decolonization Providing services such as crisis intervention, peer-support, and referrals from a feminist, anti-oppressive framework Acting as a resource base for understanding and organizing on issues around gender violence and social justice Creating working relationships between students and the University administration, where students are directly involved in developing policies and programs that make the campus safer for everyone Developing a culture of resistance and celebration through event organizing and by supporting initiatives by local artists. Qualifications: Demonstrated experience and commitment in working from a feminist, trans- inclusive, anti-oppressive framework Understanding of systemic, historical and everyday barriers and oppressions that play out in academia and in the community-at-large. Previous experience in organizing with marginalized groups/communities Experience in the social service sector in the area of training and outreach. Initiating and fostering long-term strategic planning for volunteer development and integration, Solid organizational, time-management, administrative, and interpersonal skills. Commitment to maintain a progressive, healthy workspace and maintaining the CWTP mandate and standards of a unionized workplace. Experience engaging volunteers in a university setting on a commuter campus and working with other volunteer-driven organizations with similar mandates. Working knowledge of Microsoft Office programs is preferred. Responsibilities: Establish all sections of the volunteer cycle (recruiting, orientation, placement, training, recognition, and evaluation). Pursue potential volunteer recruitment opportunities within the York community and the Greater Toronto area Provide training and mentorship to volunteers. Create and implement CWTP’s volunteer program that is meaningful to both CWTP and our volunteers Create volunteer program manual consisting of training manual, workshop facilitation manual, working group manual, resource list, contact list Plan, coordinate and organize 5 full-days of core skills training for volunteers and community members per year. Provide regular progress updates and identify successes, issues, and challenges. The Centre for Women and Trans People at York University welcomes the

contributions that individuals from marginalized communities bring to our organization, and invites trans people, gender variant and genderqueer people, Aboriginal people, people of colour, people with disabilities, two-spirited people, intersex people, poor people, queer people, sex workers, working-class people, single parents, members of racialized groups, immigrants, and people of non-western and/or non-dominant faiths to apply. We encourage applicants to describe the contributions and experiences they, as individuals who identify with marginalized communities, would bring to The Centre for Women and Trans People in their cover letter and submit a one-page personal statement locating themselves and their work within the dynamics of power and privilege. We thank all interested applicants, but only those selected for an interview will be contacted. No phone calls, please! To apply, send the following info by 5pm, June 21, 2013: 1) Cover Letter 2) Resume 3) A 1-page statement about “Community Organizing Within the Dynamics of Power and Privilege” that also addresses the realities of being situated in a post-secondary institution. By Email: cwtphire@gmail.com. Hard copies can be mailed to: Attn: Volunteer and Outreach Development Co-coordinator Hiring Committee, The Centre for Women and Trans People, 322 Student Centre 4700 Keele St., York University Toronto, ON, M3J 1P3. Please note: Interviews will begin June 24, 2013. Centre for Women and Trans People at York University, (416)736 – 2100 ext. 33484, 322 Student Centre, 4700 Keele Street, Toronto, ON, M3J 1P3. We Are Open Monday – Thursday: 10AM – 5:30PM.

 

 

These all came through the Centre for Feminist Research mailing list. This is a low traffic list with specially chosen events and announcements. Think about joining – just email cfr@yorku.ca with a request to join the list.

Roundup: Twitter for non-tweeps (all the rest of the stuff, including Conferences, Workshops, News, and Cases/Reports)

a periodic feature where we attempt to bring @osgoodeifls tweets and retweets to those who just won’t use twitter, and either convince them to try it, or prove that they are right to avoid it.  This is the last of this bunch.

Where there is no attribution, the tweet is from @osgoodeifls  Links should work.

If you haven’t told your feminist friends about this blog in a while, or ever, would you consider it? thanks!

Denise Balkissoon@balkissoon 30 May

Gentrification news: bldg which has housed Nellie’s women’s shelter for 40 yrs sold for $2.1 m. They have a lease, but I fear renewal time.

Sonia Lawrence@OsgoodeIFLS 4 Jun

 

Osgoode

#osgoode@LSA only 1 ♀ is really Poonam Puri, but we’ve all been mistaken 4 her #browngirlproblems #♥myjob pic.twitter.com/ghzEQZE9pl

 

OsgoodeHallLawSchool  5 Jun  Congratulations to #Osgoode Professor Shelley Gavigan whose latest book has won multiple prizes! http://bit.ly/139fOQy 

@DeanSossin 3 Jun  #FacelessDoll Exhibit from #Osgoode Aboriginal Intensive students – to never forget murdered/missing women #NWAC pic.twitter.com/LbdbPuHyNl

Reports, Cases

@Halfyard_Law 5 Jun Women’s coalition to argue for decriminalization of prostitution before the Supreme Court as intervenor http://www.ctvnews.ca/mobile/canada/women-s-coalition-to-urge-supreme-court-to-decriminalize-prostitution-1.1312070 …

‏@gilliancalder 27 May There’s more to this case than constitutionality its also about healing & growth for women in prison @KasariGovender http://www.cbc.ca/news/canada/british-columbia/story/2013/05/27/bc-babies-jail.html …  Did you hear this? fascinating. Mother-baby prgms in prisons |CBC Radio http://bit.ly/16kBJdY 

@fertilitylaw 4 Jun new guidelines say #sET for young patient #IVF but surprised to hear #s for older patients (4, 5!) http://news.nationalpost.com/2013/06/04/new-guidelines-say-only-one-embryo-should-be-transferred-in-young-women-undergoing-in-vitro-fertilization/ … #infertility

@AltLJ 29 May Report of the Law Reform Committee for the Inquiry into Sexting #auslaw http://www.parliament.vic.gov.au/images/stories/committees/lawrefrom/isexting/LRC_Sexting_Final_Report.pdf …

@LEAFNational 29 May Review LEAF submission about #SexualHarassment in the Federal Workplace for the Parliamentary Standing Committee: http://bit.ly/ZpeBIa 

@mmccnn 28 May Supreme Court nerds: Follow a day livestreaming Bedford (June 13) with a panel chat on same (June 14): http://bit.ly/145StVl  #sexwork

@schliferclinic 28 May New update: Toronto Star Article: Leilani Farha, 2013 Spirit of Barbra Schlifer Award Recipient, Speaks on Landmark http://schliferclinic.com/?p=2923   RT @schliferclinic: Buy tickets to the #SchliferTribute http://ow.ly/l1Hec   Barbra Schlifer’s story http://schliferclinic.com/the-barbra-schlifer-tribute/about-barbra-schlifer/ …

Simone Cusack ‏@OPCEDAW 22 May Rashida Manjoo, UN Special Rapporteur on #VAW, discusses OP #CEDAW jurisprudence in her latest report http://bit.ly/18gYZXx  #womensrights

Conferences , Calls, Workshops

Sexuality, Repression & Law Book Launch June 26 Toronto learn more re Envisioning Global LGBT human rights project http://bit.ly/10N1vTS 

Nurses @risk: Exploring gender & race in illness, injury &violence webinar presents prelim results from Yorku rsrch. http://bit.ly/1aYkJa0 

#lawprofs types, tireless @cmathen is doing a bit of livetweeting from #CALT2013 Cdn Assoc of Law Teachers – #pedagogy #lawtech #lawstudents

CLSA LSAANZ Law on the Edge vancouver #somuchgoodgenderstuff eg Val Napoleon “Consciously Gendering Indigenous Law” http://www.law.ubc.ca/files/pdf/events/2013/edge/Conference%20program%20revised.pdf …

Birkbeck Law School@BirkbeckLaw 5 Jun [Call for Papers] “Genealogies of Memory” project, focusing on the role of law and justice in memory processes. Info: http://ow.ly/lJJCK 

News

[where I think about justice embodied as a woman] ““France Charbonneau has become the incarnation of justice in Quebec.””How we talk abt women in public life? http://bit.ly/10XEJIm 

Appropriate reading to honour Dr Morgentaler, the courage of abortion providers & legacy of choice Private Ceremonies http://flip.it/zgj3X 

interesting -in NewRep: “debate about feticide takes back seat to abortion” http://bit.ly/119cXIQ  cites this study http://bit.ly/119dlHn 

[ugh, Margaret Wente] Won’t link 2 Wente column re ♀$ > ♂$ = ☹ here. But a Q. Who has stats #race #class & #gendered #breadwinning over time? More context pls.

anyone talking about er, gender, here? RT @cmathen: My #UOLaw colleague @cforcese responds to LMartin http://craigforcese.squarespace.com/bleaching-law/2013/6/4/punditry-and-the-professoriate.html … #goldenageofmen

LawTech

@ADodek 5 Jun#SCC News: Interveners factums now available electronically on #SCC website http://www.scc-csc.gc.ca/case-dossier/rec-doc/af-ma-eng.asp … FYI @InklessPW #Cdnpoli #law #legal

@katgallow Open access to erode academic freedom by catalysing intensive managerialism http://bit.ly/10tQQtw  v @LSEImpactBlog *becomes paralysed*

@amicae1 23 MayBlogs Written by Judges by @bobambrogi (any in Australia? Cc @mslods) http://www.lawsitesblog.com/2013/04/a-quick-survey-of-blogs-written-by-judges.html …

@katgallow 21 MayMT@martingeorge: Can #MOOCs work for #Law? The New Yorker on the difficulties faced by Humanities: http://www.newyorker.com/reporting/2013/05/20/130520fa_fact_heller?mobify=0 … #highered

@amicae1 18 MayNearly 90 Australian law blogs listed here http://amicaecuriae.com/2012/04/28/finding-australian-law-blogs/ … … for #lawstudents #lawyers #legaled #legal profession & #journalists

 

Griping

  • reading through CLSA LSAANZ program getting madder & madder that i’m missing it…for a wedding. Gaaah. Wedding=opposite of deconstruction.

holdup – WHAT? “brought to mind Ntnl Geographic …where tribal patriarch smacks around a “newly arrived young buck.” http://bit.ly/14uAMve   ; so, that last tweet was from a Globe & Mail story about Wagner and Fish (soon to retire), judges of the #SCC in R v Buzizi. That is all.