Tag Archives: cjwl

New Volume of the CJWL out: White Settler Colonialism and Indigeneity in the Canadian Context: A Tribute to Patricia Monture

Volume 26 now out (here on UTP site)

White Settler Colonialism and Indigeneity in the Canadian Context: A Tribute to Patricia Monture/ Colonialisme de peuplement blanc et indigénéité en contexte canadien : Un Hommage á Patricia Monture 

articles aren’t avail on Hein Online or Project Muse yet. [Update, Audrey Greenwood of UTPress advises these pieces should be available at Project Muse on May 2]  U of T Press will sell you a 1 year online subscription for $27 (here)


Editorial: “Equality Is Not a High Standard” Patricia Monture: 1958–2010  Author Sherene Razack

Race Matters: Sexism, Indigenous Sovereignty, and McIvor  Author Martin J. Cannon

“It Happened More Than Once”: Freezing Deaths in Saskatchewan  Author Sherene Razack

Legal Feminism and the Post-Racism Fantasy  Author Rakhi Ruparelia

Taking “Culture” out of Multiculturalism   Author Vrinda Narain

Book Reviews:

  1. Cheryl Suzack, Shari M. Huhndorf, Jeanne Perreault, and Jean Barman, eds, Indigenous Women and Feminism: Politics, Activism, and Culture, reviewed by Robyn Bourgeois
  2. Jodi A Byrd, The Transit of Empire: Indigenous Critiques of Colonialism, reviewed by Élise Couture-Grondin
  3. Gabriella Gutiérrez y Muhs, Yolanda Flores Niemann, Carmen G González, and Angela P Harris, eds, Presumed Incompetent: The Intersections of Race and Class for Women in Academia, reviewed by Sonia Lawrence
  4. Hilal Elver, The Headscarf Controversy: Secularism and Freedom of Religion, reviewed by Vrinda Narain

New issue of CJWL in Honour of Dianne Pothier "Critical Disability Studies and Feminisms: On Getting It"

New issue of the Canadian Journal of Women and the Law is out!

This issue honours the contributions of legal scholar Dianne Pothier, who is retiring after a distinguished career at the Schulich School of Law, Dalhousie University. Her faculty colleagues, Richard Devlin and Dean Kim Brooks, guest edit this issue which features ground-breaking scholarship on topics such as poverty and disability, disability and care, the treatment of ameliorative programs in court decisions, and barriers to women with mental disabilities testifying in court.

Editorial  [This article is available open source & free of charge, Click here ]
Kim Brooks and Richard Devlin
Kim Brooks and Richard Devlin
Une analyse de la réglementation des personnes itinérantes selon une perspective pothienne de la discrimination
Suzanne Bouclin and Joëlle Pastora Sala
Dans cet article, nous nous appuierons sur les analyses critiques de Dianne Pothier concernant la discrimination et la dignité humaine pour établir ce que nous nommons la « perspective pothienne ». Notre objectif est de démontrer l’applicabilité de la perspective pothienne aux enjeux relatifs à la dignité des personnes itinérantes. Une analyse pothienne de l’adoption et des effets d’un règlement municipal—le Règlement sur la sollicitation obstructive de Winnipeg—nous permet de sonder la complexité des structures dans lesquelles les instances formelles créent ou renforcent des obstacles à l’épanouissement des personnes itinérantes. Entre autres, l’analyse pothienne complexifie la compréhension des dynamiques et des différentiations marginalisant les personnes itinérantes. Néanmoins, Pothier mise aussi sur la manière dont les personnes conçoivent divers moyens créatifs de composer avec leur réalité quotidienne en développant des tactiques pour maintenir leur dignité humaine malgré des expériences de discrimination. Son analyse apporte aux discussions sur le phénomène de l’itinérance à Winnipeg un éclairage original qui peut favoriser l’émergence de stratégies novatrices pour les groupes qui luttent contre la pauvreté.
More Than an Empty Gesture: Enabling Women with Mental Disabilities to Testify on a Promise to Tell the Truth
Janine Benedet, Isabel Grant
In this article, the authors use the recent Supreme Court of Canada decision in R. v DAI to examine the issue of competence to testify in sexual assault prosecutions for women with mental disabilities. The authors support the outcome reached by the majority of the Court but raise questions about some of the reasoning, including the equation of women with mental disabilities with children. The authors examine what types of questions are now appropriate in a competence inquiry and raise cautions with respect to the reliance on lay and expert witnesses to assist in the competency inquiry. It is argued that allowing women to testify who can communicate their evidence is a small step towards enabling the criminal justice system to respond to the high rate of sexual assault against women with mental disabilities.
The Supreme Court, Ameliorative Programs, and Disability: Not Getting It
Jonnette Watson Hamilton and Jennifer Koshan
Recent Supreme Court of Canada decisions on section 15(2) of the Canadian Charter of Rights and Freedoms raise concerns for the equality rights of persons with disabilities. Although R. v Kapp gave independent force to the protection of ameliorative programs as an aspect of substantive equality, Alberta (Aboriginal Affairs and Northern Development) v Cunningham gave governments significant deference even in relation to targeted benefit programs that are under-inclusive and potentially discriminatory. This article examines the impact of the Supreme Court of Canada’s recent section 15(2) jurisprudence on people with disabilities. We argue that the Court’s extreme deference to targeted benefit programs may perpetuate the social exclusion and marginalization of persons with disabilities to whom the government denies benefits. The Court’s section 15(2) approach also runs the risk of reinforcing essentialized, categorical, and medicalized views of disability and creating hierarchies of disability. These risks are of particular concern in the current climate of fiscal restraint. While the recent Supreme Court of Canada decisions on section 15(2) do not deal specifically with issues of discrimination on the basis of disability, we argue that the Court’s apparent failure to think through how its decisions would impact people with disabilities is a serious shortcoming indicative of Pothier and Devlin’s notion of “dis-citizenship.”
Vulnerability, for Example: Disability Theory as Extraordinary Demand
Kate Kaul
This article considers the function of analogy and example in interdisciplinary disability theory, taking vulnerability as an extended example of the shared concerns and the contrasting demands of disability studies and feminist theory. It centres a politicized disabled subjectivity and considers the interplay of the universal and the particular in the operation, or function, of disability as a category. The first section of the article, “Examples, Analogies,” presents theories of example and analogy and relates them to strategies of example and analogy in disability studies and in feminist theory, particularly in the work of Robert McRuer, Rosemarie Garland-Thomson, Joan W. Scott, and G. Thomas Couser. The second section, “Translation into Politics,” considers Debra Bergoffen’s discussion of vulnerability and the gendered universal as well as the possibility of its translation into disability theory. The third section, “Vulnerable Subjects,” discusses Judith Butler’s articulation of vulnerable subjectivity and Martha Fineman’s notion of the vulnerable subject. The fourth section, “More Vulnerable Subjects?” shifts to the particular with a reading of Sherene Razack’s argument that feminist law reform must recognize disability’s specific difference and of Couser’s and Paul Longmore’s examples of the particular operation of vulnerability in disability experience.
Disability and Care: Still Not “Getting It”
Nancy Hansen and Lorna Turnbull
In this article, the authors, one a critical disability studies scholar and the other a legal academic, critically consider a decision of the Federal Court of Appeal that engages questions of gender and disability. The case deals with access to Canada Pension Plan (CPP) disability benefits. Cynthia Harris, a mother who has multiple sclerosis, challenged the application of the CPP child-rearing drop-out rules contained in the legislation. Harris’s challenge is made on the basis that her child’s disability required parental care for a longer period of time than would be required for a non-disabled child. The authors critique the different approaches to understanding equality and its application to issues of disability and gender. Particular attention is paid to the manner in which workforce attachment tests in social benefit legislation have an impact on women and, in particular, on women with disabilities. The formalistic approach to, and understanding of, equality, coupled with the absence of an intersectionality analysis in the judgment, is considered. Systemic rather than individualized responses are required to properly accommodate equality seekers. The authors argue that a theoretical approach that places inclusion and social citizenship at its core is how such equality claims should be approached.
“I Wish the Supreme Court Thought More Like Dianne”: A Comment on Krangle v Brisco
Darcy L. MacPherson
The author begins by detailing his experiences with Dianne Pothier as law professor and mentor. He then turns to the Supreme Court of Canada’s decision in Krangle v Brisco, which centred on the alleged obligation of a negligent doctor to pay for the adult care of a child who had been injured by that negligence. There were two complicating factors. First, there was a government in place at the time of the suit that would cover these adult-care costs. Second, the child was only ten years old at the time of the Supreme Court of Canada hearing. Would the government continue to offer the program throughout the life of the child? The Court dealt with these issues through a contingency. The author argues that a better solution exists. While he agrees with the Court that the government should take responsibility for the care of disabled adults, there is no constitutional imperative to do so. Someone (the parents or the government) is going to be paying the more than $1.5 million that is not included in the damage award. The use of a trust would prevent a windfall to the parents while ensuring that the defendant doctor paid for the full amount of damage caused. The two payees of this trust would be the government and the parents—either of these parties could be reimbursed by the trust. In the view of the author, this solution is consistent with prior Supreme Court of Canada case law on damages. Pothier would have taken a broader view of how to achieve the social goals that the Court says are important. The author hopes that the next time the opportunity arises, the Supreme Court of Canada will follow her lead.
The Case for the Federation of Law Societies Rejecting Trinity Western University’s Proposed Law Degree Program
Elaine Craig
Trinity Western University (TWU), a private Christian school in British Columbia is posed to become Canada’s first Christian law school. Trinity Western discriminates on the basis of sexual orientation in both its hiring and admissions policies. It has also been found to violate academic freedom. Institutions with discriminatory policies that are antithetical to fundamental legal values are not competent providers of legal education. The Federation of Law Societies of Canada, the national coordinating body for Canada’s fourteen law societies, should not approve programs from institutions with discriminatory policies. A decision not to approve TWU’s application would survive a court challenge by TWU. The legal framework within which a decision of the Federation would be judicially reviewed has changed since the Supreme Court of Canada ruled in favour of Trinity Western in Trinity Western v B.C. College of Teachers. The Federation’s decision would be reviewed on a standard of reasonableness rather than correctness. Based on the Federation’s mission, mandate, and current academic requirements, a decision to deny TWU’s application would be upheld as reasonable by the courts. TWU should be free to pursue research and education in a manner in keeping with its religious commitments. TWU should not be permitted to impose upon the public a religiously grounded program that is incompetent to deliver a legal education consistent with what the regulators of the law profession in Canada have identified as necessary to protect the public.

Founded in 1985, the same year as the equality guarantee of the Canadian Charter of Rights and Freedoms came into force, the Canadian Journal of Women and the Law has been publishing ground-breaking, multi-disciplinary scholarship on the impact of law on women’s social, economic and legal status for twenty-five years.
For more information about the Canadian Journal of Women and the Law or for submissions information, contact:
Canadian Journal of Women and the Law
University of Toronto Press­­ – Journals Division
5201 Dufferin Street, Toronto, ON Canada M3H 5T8
Tel: (416)667-7810 Fax/: (416)667-7881

CFP: CJWL Feminist Approaches to Asstd Human Reproduction in Canada Deadline Sept. 2012

Canadian Journal of Women and the Law
Call for Submissions

Feminist Approaches to Assisted Human Reproduction in Canada after the Supreme Court of Canada Reference
Volume 25(2) Fall 2013
The Centre for Human Rights Research (CHRR) and the Canadian Journal of Women and the Law/Revue femmes et droit (CJWL/RFD) invite the submission of articles for publication on Feminist Approaches to Assisted Human Reproduction in Canada after the Supreme Court of Canada Reference.  The guest editors are Karen Busby (Law, Manitoba) and CHRR Academic Director and Susan Drummond (Law, York) with the assistance of the CJWL/RFD co-editors, Debra Parkes (Law, Manitoba) and Annie  Rochette (Law, UQAM).
Proposed themes for the issue include the following:

1. Prohibition or Regulation? What are the justifications for retaining criminal prohibitions against payments for surrogacy, egg and sperm donations and embryo transfers? What are the regulatory alternatives and under what circumstances, if any, are these models acceptable?
2. AHR Governance. What is and what should the AHR Board and the Agency be doing? What resources is it consuming? What is its mandate after the AHRA Reference?
3. International Implications. What do we know about “reproductive tourism”? What are the possible types of regulation for  international surrogacy arrangements and other AHRTs?
4. Who is a parent? What are the family law implications of AHR? Do the kin relationships arising from AR compel us to rethink the construal of kin in contemporary family law, or can these new families be accommodated within the
current framework or as exceptions to it?
The submissions deadline for Volume 25(1) is September 1, 2012. Submissions should conform to the Style Guide available on our website:
http://www.utpjournals.com/cjwl/cjwl.html. The text should not exceed 35 pages (10,000 words), double-­‐spaced, including notes and appendices, and should include an abstract.

For further information please contact the guest editors:
Karen Busby Karen_busby@umanitoba.ca
Susan Drummond SDrummond@osgoode.yorku.ca

New in Print: Vol 23(2) of CJWL now online

Volume 23(2) of the Canadian Journal of Women and the Law is now online

 Many well known names, a few students, friend soon leaving for a new career in Australia Chantal Morton, and a few articles which were mentioned here already when they were posted to SSRN).  Articles on sexting, Nixon, Pensions, Intersectionality, and more. Here is the complete Table of Contents:

A Human Right to Group Self-Identification? Reflections on Nixon v. Vancouver Rape Relief  Author Christine Boyle

A Tale of Two Cultures: Intimate Femicide, Cultural Defences, and the Law of Provocation Author Caroline Dick (this article is available online without subscription, for those of you without access to a university library system)

Carolyn Dick’s paper on cultural defenses in provocation cases, which concludes:

The liberal contention that refusing to take the culture of the accused into account will result in the equal application of the law is not borne out, nor is the feminist contention that introducing culture into the courtroom will place race before gender. Instead, the Canadian jurisprudence is better represented by a different ordering principle—that of colonialism before patriarchy.

Beyond Country of Origin: Smith v. Canada and Refugees from Unexpected Places Author Jamie Chai Yun Liew (Jamie is a Canadian lawyer who left her feminist legal practice for grad school at Columbia – she litigated Smith v. Canada, a “don’t ask don’t tell” refugee to Canada from the U.S.)

Do Women Refugee Judges Really Make a Difference? An Empirical Analysis of Gender and Outcomes in Canadian Refugee Determinations Author Sean Rehaag

Another response to the “Will women judges make a difference” question from Osgoode colleague Sean Rehaag, using data he has gathered from Immigration tribunals.  Fascinating findings based on 65000 cases:

Previous research shows that adjudicator identity is a key determinant of outcomes in refugee claims. This article examines the impact of adjudicator gender. Using data on over 65,000 Canadian refugee determinations from 2004 to 2008, the article reveals that male adjudicators have slightly higher grant rates than female adjudicators. Moreover, this difference in grant rates is more pronounced in cases involving female principal applicants and in cases involving gender-based persecution. Despite the overall trend, however, female adjudicators with prior experience in women’s rights had higher average grant rates overall, in cases involving female claimants, and in cases involving gender-based persecution. The article concludes by considering implications for refugee policy and for research on gender and judging.

Intersectionality and Beyond: Law, Power and the Politics of Location Author Susan B. Boyd

L’engagement de ne pas troubler l’ordre public dans les causes de violence conjugale ayant fait l’objet d’un abandon des poursuites judiciaires criminelles (art. 810 C.CR.)  Author Sonia Gauthier

Law and Learning “from the Field”: The Pedagogical Relevance of Collaborative Teacher-Student Empirical Legal Research Authors Sarah Berger Richardson and Angela Campbell

Pensions, Privatization, and Poverty: The Gendered Impact Author Claire Young

The Gendered Dimensions of Sexting: Assessing the Applicability of Canada’s Child Pornography Provision Authors Jane Bailey and Mouna Hanna

The Practices of Lesbian Mothers and Quebec’s Reforms  Author Robert Leckey

When Bare Breasts Are a “Threat”: The Production of Bodies/Spaces in Law Author Chantal Morton

Women’s Human Rights: Seeking Gender Justice in a Globalizing Age  Author Doris Buss

“It was all slightly unreal”: What’s Wrong with Tolerance and Accommodation in the Adjudication of Religious Freedom? Author Lori G. Beaman

Information about the CJWL, from U of T Press:

Founded in 1985, the same year as the equality guarantee of the Canadian Charter of Rights and Freedoms came into force, the Canadian Journal of Women and the Law has been publishing ground-breaking, multi-disciplinary scholarship on the impact of law on women’s social, economic and legal status for twenty-five years.

CJWL Online includes an archive of current and previously published articles going back to 2009.

Subscribers to CJWL Online enjoy:

Enhanced features not available in the print version – supplementary information, colour photos, videos, audio files, etc. encouraging further exploration and research.

Early access to the latest issues – Did you know that most online issues are available to subscribers up to two weeks in advance of the print version? Sign up for e-mail alerts and you will know as soon as the latest issue is ready for you to read.

Everything you need at your fingertips – search through current and archived issues from the comfort of your office chair not by digging through book shelves or storage boxes. The easy to use search function allows you to organize results by article summaries, abstracts or citations and bookmark, export, or print a specific page, chapter or article.

For more information about the Canadian Journal of Women and the Law or for submissions information, please contact:

Canadian Journal of Women and the Law
University of Toronto Press­­ – Journals Division
5201 Dufferin Street, Toronto, ON Canada M3H 5T8
Tel: (416)667-7810  Fax: (416)667-7881
Email: journals@utpress.utoronto.ca 

Website: www.utpjournals.com


CJWL CFP: White Settler Colonialism and Indigeneity in the Canadian Context (Deadline, March 1, 2012)

Photo by Alan Wiener of Anishnaabe artist Nadia Myre's Scar Project exhibited in HIDE: SKIN AS MATERIAL AND METAPHOR 2010
Photo by Alan Wiener of Anishnaabe artist Nadia Myre's Scar Project exhibited in HIDE: SKIN AS MATERIAL AND METAPHOR 2010

The deadline for submitting articles for this special issue is March 1, 2012

(Version française ci-dessous)




Call for Papers


White Settler Colonialism and Indigeneity in the Canadian Context


Guest edited by Sherene Razack


The Canadian Journal of Women and Law (CJWL) is seeking submissions for a special issue 25(1) to be published in Spring 2013.


Some time ago Patricia Monture told us that in her thinking equality was not a high enough goal. A feminism that failed to recognize the destructiveness of settler colonialism and to work towards Indigenous sovereignty and well-being was too small a feminism for Patricia. This issue of the Canadian Journal of Women and the Law is dedicated to Patricia Monture, a courageous scholar who led the way for so many of us over the last two decades. To honour her, we invite contributions on white settler colonialism. This issue seeks to profile the work of Indigenous scholars and scholars of colour. In keeping with Patricia Monture’s own contributions, we are especially interested in receiving articles that offer a feminist, anti-racist reading of Canadian settler colonialism in the areas of criminal justice, Aboriginal youth, education, and economic empowerment.


The deadline for submitting articles for this special issue is March 1, 2012. Submissions should be no more than 35 pages (10,000 words), should conform to the Style Guide available on our website: http://www.utpjournals.com/cjwl/cjwl.html and should include an abstract.
Please send your articles in Word format to:


Debra Parkes

English Language Co-Editor

Canadian Journal of Women and the Law

Faculty of Law, University of Manitoba

Robson Hall

224 Dysart Road

Winnipeg, Manitoba  R3T 2N2

Tel: 204-474-9776   Fax: 204-480-1084

Email: cjwl@cc.umanitoba.ca







Appel de textes


Colonialisme de peuplement blanc et indigénéité en contexte canadien


Avec la collaboration spéciale de Sherene Razack


La Revue Femmes et Droit (RFD) sollicite des textes pour publication dans son numéro spécial, volume 25(1), à paraître au printemps 2013.


Patricia Monture nous a dit un jour qu’à son avis, l’égalité n’était pas un objectif suffisamment élevé. Un féminisme qui n’avait pas su reconnaître le caractère destructif du colonialisme de peuplement ni poursuivre la souveraineté et le bien-être autochtones relevait d’un féminisme trop petit pour Patricia. Ce numéro de la Revue Femmes et Droit sera consacré à Patricia Monture, universitaire courageuse qui a ouvert le chemin à de nombreuses femmes au cours des deux dernières décennies. Pour l’honorer, nous invitons les contributions sur le colonialisme de peuplement blanc. Ce numéro brossera un portrait du travail des universitaires amérindiennes et des universitaires de couleur. Dans la foulée des contributions de Patricia Monture, nous désirons particulièrement recevoir des articles qui jettent un regard féministe et antiraciste sur le colonialisme de peuplement canadien dans les domaines de la justice pénale, des jeunes autochtones, de l’éducation et du renforcement économique.


La date limite de soumission pour ce numéro spécial est le 1er mars 2012. Les textes devraient respecter le Manuel canadien de la référence juridique, ne pas dépasser 35 pages (10 000 mots) et comprendre un résumé.
Veuillez envoyer vos textes en format Word à :


Louise Langevin

Corédactrice francophone

Revue Femmes et Droit

Faculté de droit, Université Laval

Québec, Qc