Bethany Hastie of Allard (UBC) Law has just published Workplace Sexual Harassment: Assessing the Effectiveness of Human Rights Law in Canada (available here, open access). Hastie analyzes decisions in workplace sexual harassment at each of the BC and Ontario Human Rights Tribunals from 2000-2018. She’s particularly focused on “whether, and to what extent, gender-based stereotypes and myths known to occur in criminal justice proceedings arise in the human rights context”.
For instance, one finding: “the requirement that a complainant establish that the impugned conduct was “unwelcome” provides the most direct and expansive space for gender-based myths and stereotypes to influence the analysis and outcome of sexual harassment complaints”.
The Report concludes with 8 recommendations. An important resource.
Professor Davina Cooper, Dickson Poon School of Law, King’s College
Are there good reasons to retain a system in which people have a formal legal sex/ gender? What might change involve? And what are the challenges, risks and benefits of radical reform? This talk draws on a British, feminist, law reform research project, currently in its second year, to explore these questions. It approaches decertification, where the state no longer stands behind people’s sex/gender, from two primary angles: the politics of moving from gender-as-identity to gender-as-network (or something similar); and the politics of prefiguring what the law (and its options) could be.
If you would like to learn more about the research project this talk draws on? See here for the project website, and/or read this fascinating blog post from one of the Researchers, Dr. Flora Renz. It is up at the UK Socio Legal Studies Association blog.
” Part of the challenge of a prefigurative law reform project, is to think through what such options would look like. If we want to imagine and anticipate different ways of dealing with gender as a legal status, one useful starting point may be to think about how other identity statuses or categories are currently dealt with in social, policy and legal contexts. Disability as a category may offer a particularly rich source both for comparison, but also to think about how future changes to gender could be approached from a different starting point. In thinking through these issues I am using disability or chronic illness not as a direct comparison but rather as a prompt for considering some aspects of gender that are less prominent in current discussions, such as gender as a legal category whose intensity and relevance may fluctuate in different times and places.”
DOMESTIC VIOLENCE BEFORE THE CANADIAN COURTS: INTERSECTIONS, IMPACTS, IDENTITIES
Friday 8-Mar-2019 Time: 01:30 PM – 03:30 PM Room 2027, Osgoode Hall Law School, Ignat Kaneff Building RSVP
JENNIFER KOSHAN (CALGARY LAW) & JANET MOSHER (OSGOODE)
Domestic violence cases present unique access to justice issues, especially when litigants are required to navigate multiple legal systems. In Canada, parties affected by domestic violence may face legal issues encompassing numerous laws, including criminal, family, child protection, civil protection, housing, social assistance, immigration and refugee laws, each of which has its own legal processes.
This presentation will explore the extent to which law/policy makers and judges take account of the difficulties and dangers that may arise for these parties when laws and legal systems intersect. Our initial findings indicate that state actors often ignore these intersections or proceed on problematic assumptions about them; they fail to attend to the complexities presented by litigants’ identities, such as their Indigeneity and immigration status; and they tend to minimize the impact of domestic violence on women and children, thereby jeopardizing safety and impeding access to justice
Time: 12:30 PM – 02:30 PM
Location: Room 3067, Nathanson Centre, Osgoode Hall Law School, Ignat Kaneff Building
Florence Ashley is a transfeminine activist based in the unceded Kanien’kehá:ka lands of Tiohtià:ke (also known as Montreal), and LL.M. candidate at McGill University Faculty of Law, specialising in bioethics with a focus on transgender healthcare law. Their thesis bears on the legality of conversion therapy targeting gender identity.
She has a B.C.L. and LL.B. from McGill University Faculty of Law. She is a recipient of the SSHRC Canada Graduate Scholarship, Master’s Award and a fellow of the McGill Research Group on Health and Law. She has previously held an O’Brien Fellowship at the Centre for Human Rights and Legal Pluralism and has received the Bourse Dorais-Ryan of the Conseil québécois LGBT. Florence is active in local trans, feminist, and queer communities, most notably as part of the Advisory Board of the Trans Legal Clinic and as a member of the Comité trans of the Conseil québécois LGBT. She was the 2019 recipient of the Canadian Bar Association’s LGBTT Hero Award.
IFLS colleagues wrote to me with the idea that IFLS folk might be interested in this play (on in Toronto in January). Thanks to Profs. Mosher and Paccioco for the suggestion! The tagline for the production is “There was no justice, there was just a legal outcome”.
Written by Jane Doe, Directed by Andrea Donaldson
A Nightwood Theatre production in association with Crow’s Theatre
January 8-26, 2019 at Streetcar Crowsnest (345 Carlaw Ave)
“Exquisitely told in a stunning blend of documentary theatre, striking visual projections and choreography, Grace is a searing piece that ignites a pertinent discussion on the failures and limitations of the legal system. “There was no justice, there was just a legal outcome.” In the wake of a young woman’s disclosure of childhood sexual assault, a family presses charges. A true story about survival, hope, and the pursuit of justice at a time when provability still usurps truth in our courtrooms.”