Category Archives: Uncategorized

March 8 : Mosher & Koshan, Domestic Violence before the Canadian Courts: Intersections, impacts, identities

DOMESTIC VIOLENCE BEFORE THE CANADIAN COURTS: INTERSECTIONS, IMPACTS, IDENTITIES Date: 8-Mar-2019 Time: 01:30 PM - 03:30 PM Location: Room 2027, Osgoode Hall Law School, Ignat Kaneff Building Link: 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 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

 

 

Feb 11 at Osgoode: Florence Ashley Lunch talk “Torture Isn’t Therapy: Prohibiting Transgender Reparative Therapy”

Lunch talk “Torture Isn’t Therapy: Prohibiting Transgender Reparative Therapy”

Date: 11-Feb-2019
Time: 12:30 PM – 02:30 PM
Location: Room 3067, Nathanson Centre, Osgoode Hall Law School, Ignat Kaneff Building
Link: RSVP

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.

Florence Ashley Poster.pdf

“There was no justice, there was just a legal outcome”: Nightwood Theatre (Toronto) production of GRACE by Jane Doe

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”.

Grace

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.”

There is an “education guide” for the play here.  Nightwood is a feminist organization, the “oldest professional women’s theatre in Canada”.   Tickets here.

poster for Nightwood Production of GRACE January 2019

Privacy, Drones, Feminism

So much on all these topics lately (Sidewalk Labs Toronto, anyone?). Here’s Windsor’s Kristen Thomasen’s latest:

🍁 Thomasen, Kristen, Beyond Airspace Safety: A Feminist Perspective on Drone Privacy Regulation (April 1, 2017). Presented at We Robot 2017 (Yale Law School, New Haven CT, March 31-April 1). Publication details forthcoming.  Available at SSRN: https://ssrn.com/abstract=3143655 or http://dx.doi.org/10.2139/ssrn.3143655

 In particular, various features of the technology allow it to take advantage of the ways in which privacy protection has traditionally been - and in many cases continues to be - gendered. The paper ultimately argues that drone regulators cannot continue to treat the technology as though it is value-neutral - impacting all individuals in the same manner. Going forward, the social context in which drone technology is emerging must inform both drone-specific regulations, and how we approach privacy generally. This paper is framed as a starting point for a further discussion about how this can be done within the Canadian context and elsewhere.

Laura Beth Nielsen at Yorku Law & Society/ Socio-Legal Studies on October 22

Laura Beth Nielsen at Yorku Law & Society/ Socio-Legal Studies on October 22

“Rights, Reinscription and Racial Inequality”  Monday, October 22nd 2:30-4:00pm S 701 Ross  All Welcome

Rights, Reinscription, and Racial Inequality

This presentation examines how law perpetuates inequalities of race, sex, disability, in different ways in different social locations.  I hope to engage you in thinking about the relationship between rights, law, hierarchy, and legal consciousness in my research which is primarily in the US context in order to introduce you to the theoretical concept I am currently developing that I am calling “Relational Rights.”  All of my research centers on one theoretical question:  Under what conditions can law be harnessed for progressive social change. Specifically, how can law be used to remedy inequalities of unearned privilege like race, sex, sexual orientation, ability, and the like? Using a variety of methods in different organizational, institutional, and legal contexts, I use legal consciousness as a theoretical and methodological framework for my questions. The talk will focus on research about street harassment, employment discrimination, and campus sexual assault.

Laura  Beth Nielsen is a Research Professor at the American Bar Foundation,  Professor of Sociology, & Director of the Center for Legal Studies  at Northwestern University.  She received a PhD in Jurisprudence and Social Policy from UC Berkeley  in 1999 and her law degree also from Berkeley in 1996. She is the author  or editor of 5 books, including  License to Harass: Law, Hierarchy, and Offensive Public Speech, published by Princeton University Press in 2004 which studies racist and sexist street speech, targets’ reactions and responses to it, and attitudes about using law to deal with such speech.  Rights on Trial: How Employment Discrimination Law Perpetuates Inequality (Chicago, 2017) examines  the litigation system of employment civil rights in the United States.   In addition to her scholarly publications in the UCLA Law Review, Law and Society Review, & Law and Social Inquiry, she has participated in Congressional briefings  about federal hate crime legislation and the role of speech in hate  crime. Coverage of her scholarship and her own commentary have appeared  in the New York Times, Time Magazine, the LA Times, FOX News, Morning Edition (NPR), ABC Radio, Al-Jazeera English, the  Huffington Post, USA Today, and the Nation.