Tag Archives: new in print

NIP: Constitutional Labour Rights in Canada: Farm Workers and the Fraser Case :: Irwin Law Inc.

Join in at the launch of Constitutional Labour Rights in Canada: Farm Workers and the Fraser Case, edited by Professor Eric Tucker (Osgoode), Judy Fudge (UVic) and Fay Faraday (Osgoode adjunct, equality/labour law specialist).

The Fraser case 2011 SCC 20, which “inspired” the collection, is here.

Sponsored by the Canadian Foundation for Labour Rights.

Sheridan Centre Hotel Conference Room F (Mezzanine Level) 123 Queen Street West, Toronto Thursday, April 12th, 2012 4:00 – 6:00 pm 

Please RSVP to: etucker@osgoode.yorku.ca

You can pre-order the book from Irwin law here: Constitutional Labour Rights in Canada: Farm Workers and the Fraser Case

and here is the table of contents:

Contents

Preface  

Chapter One
Introduction: Farm Workers, Collective Bargaining Rights, and the Meaning of Constitutional Protection
Judy Fudge

Chapter Two
Farm Worker Exceptionalism: Past, Present, and the post-Fraser Future  

Eric Tucker

Chapter Three
The Roots of Organizing Agriculture Workers in Canada
Wayne Hanley

Chapter Four
Development as Remittances or Development as Freedom? Exploring Canada’s Temporary Migration Programs from a Rights-based Approach
Kerry Preibisch

Chapter Five
Envisioning Equality: Analogous Grounds and Farm Workers’ Experience of Discrimination
Fay Faraday

Chapter Six
Harvest Pilgrims: Migrant Farm Workers in Ontario
Vincenzo Pietropaolo

Chapter Seven
The Fraser Case: A Wrong Turn in a Fog of Judicial Deference
Paul JJ Cavalluzzo

Chapter Eight
What Fraser Means For Labour Rights in Canada
Steven Barrett and Ethan Poskanzer

Chapter Nine
Labour Rights: A Democratic Counterweight to Growing Income Inequality in Canada
Derek Fudge

Chapter Ten
The International Constitution
Patrick Macklem

Chapter Eleven
Giving Life to the ILO —Two Cheers for the SCC
KD Ewing and John Hendy, QC

 

 

NIP: Policing Pleasure: Sex Work, Policy and the State in Global Perspective

Policing Pleasure: Sex Work, Policy and the State in Global Perspective

Dewey and Kelly, eds.NYU Press, Dec. 2011

Mónica waits in the Anti-Venereal Medical Service of the Zona Galactica, the legal, state-run brothel where she works in Tuxtla Gutiérrez, Mexico. Surrounded by other sex workers, she clutches the Sanitary Control Cards that deem her registered with the city, disease-free, and able to work. On the other side of the world, Min stands singing karaoke with one of her regular clients, warily eyeing the door lest a raid by the anti-trafficking Public Security Bureau disrupt their evening by placing one or both of them in jail.
Whether in Mexico or China, sex work-related public policy varies considerably from one community to the next. A range of policies dictate what is permissible, many of them intending to keep sex workers themselves healthy and free from harm. Yet often, policies with particular goals end up having completely different consequences.
Policing Pleasure examines cross-cultural public policies related to sex work, bringing together ethnographic studies from around the world—from South Africa to India—to offer a nuanced critique of national and municipal approaches to regulating sex work. Contributors offer new theoretical and methodological perspectives that move beyond already well-established debates between “abolitionists” and “sex workers’ rights advocates” to document both the intention of public policies on sex work and their actual impact upon those who sell sex, those who buy sex, and public health more generally.
[From the introduction]

"…the silences of research…": power dynamics of access in feminist research

This looked quite interesting.  SSRN has the abstract, but Sage Journals Online has the full text, here.   While it appears that other papers by the same group of authors (Hoyle, Bosworth, & Dempsey from Monash University, Oxford & Villanova) communicate the research findings, (the study was designed to find out “ from the women themselves, whether and why some were “rescued” in high profile police actions and offered temporary admission to the United Kingdom, whereas others languished in immigration removal centers and prisons, detained and incarcerat–ed for false documents or prostitution-related offences. How had these women survived? Who had helped them? What had they experienced?”),  this paper takes on methodological issues in feminist research, focused on institutional partners.  It’s quite an interesting read,  a careful exploration of the various reasons different agencies (NGO’s, service providers, state agencies) offered for denying access to the women who had been trafficked – essentially stymieing the research project.

The authors write:

The agencies working with them may have been right to worry about the risk of revictimization and query whether the value of academic research is worth the risk—but ironically, in so doing, they themselves may have further silenced the very women whose stories need to be understood.

Having to tell the story is, certainly, in some contexts, described as a revictimization – but this is usually because the story is not believed or supported.  These researchers had experience in similar kinds of interviews .  More surprisingly, “we faced skepticism not just from criminal justice employees but also from the voluntary sector. Perhaps most confounding of all, those with whom politically we felt most aligned were wary. Feminist activist research, in this context, had little purchase. Rather, case workers and advocates were clearly anxious that we would revictimize the women they were assisting.”

Part of the point appears to be how changing feminist positions have rendered feminist researcher uncertain allies for some NGO’s.  Even after reading the article (forgive me, since i’m doing this on a family event holiday, in a hotel room with children and 60 assorted relatives about the place), I wasn’t quite sure how to read this paragraph:

If academics are to obtain access to victims of trafficking,  then they need to persuade victim advocates to trust them. Whereas once, this might have been a straightforward feminist matter, one that women scholars and policy makers could agree on, the decades of dispute over consent and coercion in prostitution and victims services, have taken a heavy toll. Part of the work that needs doing, in other words, is a political one: a more open discussion from all sides over the nature, causes, and effect of sexual violence and prostitution.
So, too, our experiences on this project suggest that it may be necessary in some research to devise a series of publications, some of which are not purely academic.
Perhaps, we could have been more persuasive if we had been able to offer the organizations something more useful
than a set of scholarly articles.

Lots to think about in terms of the why of what is known at my institution as “knowledge mobilization”, but also about the status of academic research.  NGO’s, producing their own work, aren’t always interested in allowing researchers (an unknown, unfettered quantity) in, and state organizations, for different reasons, aren’t either.

Here is the abstract::

ABSTRACT:  This article exposes methodological barriers we encountered in a small research project on women trafficked for the purpose of sexual exploitation and our attempts, drawing on feminist and emergent methods, to resolve them. It critically assesses the role of institutional gatekeepers and the practical challenges faced in obtaining data directly from trafficking victims. Such difficulties, it suggests, spring at least in part from lingering disagreements within the feminist academic, legal, and advocacy communities regarding the nature, extent and definition of trafficking. They also reveal concerns from policy makers and practitioners over the relevance and utility of academic research. While feminist researchers have focused on building trust with vulnerable research participants, there has been far less discussion about how to persuade institutional elites to cooperate. Our experiences in this project, we suggest, reveal limitations in the emphasis on reflexivity in feminist methods, and point to the need for more strategic engagement with policy-makers about the utility of academic research in general.

Finally, it is always great to read an article which delves deeply into a “research failure” and derives important questions and ideas from a seeming defeat.  Grad students, take note!

via Researching Trafficked Women: On Institutional Resistance and the Limits to Feminist Reflexivity by Michelle Dempsey, Mary Bosworth, Carolyn Hoyle :: SSRN.

Dempsey, Michelle Madden , Bosworth, Mary and Hoyle, Carolyn, Researching Trafficked Women: On Institutional Resistance and the Limits to Feminist Reflexivity (November 1, 2011). Qualitative Inquiry, Vol. 17, p. 769, 2011; Villanova Law/Public Policy Research Paper No. 2011-21. Available at SSRN: http://ssrn.com/abstract=1961745 (yorku subscription link here)

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

 

New in Print: Law's Relations by Jennifer Nedelsky

New out from OUP! Law’s Relations:  by U of T Law’s Jennifer Nedelsky. Some readers may have seen chapters of this book when it was in progress, but now it is available for order.

Autonomy is one of the core concepts of legal and political thought, yet also one of the least understood. The prevailing theory of liberal individualism characterizes autonomy as independence, yet from a social perspective, this conception is glaringly inadequate. In this brilliantly innovative work, Jennifer Nedelsky claims that we must rethink our notion of autonomy, rejecting the usual vocabulary of control, boundaries, and individual rights. If we understand that we are fundamentally in relation to others, she argues, we will recognize that we become autonomous with others–with parents, teachers, employers, and the state. We should not therefore regard autonomy as merely a conceptual tool for assigning rights, but as a capacity that can be fostered or undermined throughout one’s life through the relationships and the societal structures we inhabit.

The political project thus should not only be to protect the individual from the state and keep the state out, but to use law to construct relations with the state that enhance autonomy. Law’s Relations includes many concrete legal applications of her theory of relational autonomy, offering new insights into the debates over due process, judicial review, violence against women, and private versus public law