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Bar Codes
Bar Codes examines women lawyers' attempts to reconcile their professional obligations with other aspects of their lives. It charts the life courses of women who constitute a first wave -- an avant-garde -- in a profession designed by men, for men, where formal codes of conduct and subtle cultural norms promote masculine values. A thorough analysis of women’s encounters with this culture provides some answers and raises more questions about the kinds of stresses that have become extreme in the lives of many Canadian women. This book adds to mounting evidence of marked gender differences in opportunities for advancement, demonstrating that many men still enjoy freedom from domestic responsibilities while women continue to face multiple barriers in their quest for career success. As this study shows, change is under way in the legal profession and women can succeed in reaching high levels within it, but the law remains, in many ways, a masculine institution.
The Politics of Acknowledgement
Human rights violations leave deep scars on people, societies, and nations. Since the early 1990s, international rights groups have argued that resolving the violence of the past through instruments of transitional justice such as truth commissions is a necessary condition for a peaceful future. But how can nations ensure that these tribunals are the best path to reconciliation? The Politics of Acknowledgement develops a theoretical framework of acknowledgement with which to evaluate truth commissions. Rather than applying this framework to successful tribunals, Joanna Quinn uses it to analyze the difficulties encountered and the ultimate failure of two poorly understood truth commissions in Uganda and Haiti. The failure of these commissions reveals that if reconciliation is to be achieved, acknowledgement of past violence and harm – by both victims and perpetrators – must come before goals such as forgiveness, social trust, civic engagement, and social cohesion.
Westward Bound
In the late nineteenth century, European expansionism found one of its last homes in North America. While the American West was renowned for its lawlessness, the Canadian Prairies enjoyed a tamer reputation symbolized by the Mounties’ legendary triumph over chaos. Westward Bound debunks the myth of Canada’s peaceful West and the masculine conceptions of law and violence upon which it rests by shifting the focus from Mounties and whisky traders to criminal cases involving women between 1886 and 1940. Lesley Erickson reveals that judges’ and juries’ responses to the most intimate or violent acts reflected a desire to shore up the liberal order by maintaining boundaries between men and women, Native peoples and newcomers, and capital and labour. Victims and accused could only hope to harness entrenched ideas about masculinity, femininity, race, and class in their favour. The results, Erickson shows, were predictable but never certain. This fascinating exploration of hegemony and resistance in key contact zones draws prairie Canada into larger debates about law, colonialism, and nation building.
The Right to a Healthy Environment
Canada has abundant natural wealth -- beautiful landscapes, vast forests, and thousands of rivers and lakes. The land defines Canadians as a people, yet the country has one of the worst environmental records in the industrialized world. Building on his previous book, The Environmental Rights Revolution (2012), David R. Boyd, one of Canada’s leading environmental lawyers, describes how recognizing the constitutional right to a healthy environment could have a transformative impact by empowering citizens, holding governments and industry accountable, and improving Canada’s green record. The overwhelming majority of the world’s nations now recognize environmental rights through laws, constitutions, treaties, or court decisions. Boyd explores Canada’s history of failed efforts to do the same within this international context and offers three pathways to constitutional recognition of the right to a healthy environment. This important and provocative book provides a blueprint for renewed leadership in protecting human health, the well-being of the planet, and the interests of future generations.
On the Outside
From the passage of Bill C-10, with its punitive, tough-on-crime provisions, to sensationalist media accounts of dangerous ex-convicts, it is evident that Canada is a country that is taking an increasingly hard line on crime. In reality, however, the vast majority of prisoners who serve out their sentences will never see the inside of a prison cell again. On the Outside explores the post-carceral lives of men who have successfully resettled into the community after serving at least a decade in Canada’s penitentiaries. Exploring the transition from imprisonment to the challenges of resettlement, this book will change the way you think about prisoners and open up the debate on the perils of tough-on-crime legislation.
The New Lawyer
Today’s justice system and the legal profession have rendered the “lawyer-warrior” notion outdated, shifting toward conflict resolution rather than protracted litigation. The new lawyer’s skills go beyond court battles to encompass negotiation, mediation, collaborative practice, and restorative justice. In The New Lawyer, Julie Macfarlane explores the evolving role of practitioners, articulating legal and ethical complexities in a variety of contexts. The result is a thought-provoking exploration of the increasing impact of alternative strategies on the lawyer-client relationship, as well as on the legal system itself.
Multi-Party Litigation
Drawing upon insights from law and politics, Multi-Party Litigation outlines the historical development, political design, and regulatory desirability of multi-party litigation strategies in cross-national perspective and describes a battle being fought on multiple fronts by competing interests. By addressing the potential and constraints of litigation, this book offers a comprehensive account of an international issue that will interest students and practitioners of law, politics, and public policy.
Ivory Tower Blues
The present state of the university is a difficult issue to comprehend for anyone outside of the education system. If we are to believe common government reports that changes in policy are somehow making life easier for university graduates, we cannot help but believe that things are going right and are getting better in our universities. Ivory Tower Blues gives a decidedly different picture, examining this optimistic attitude as it impacts upon professors, students, and administrators in charge of the education system. Ivory Tower Blues is a frank account of the contemporary university, drawing on the authors’ own research and personal experiences, as well as on input from students, colle...
Aboriginal Justice and the Charter
Aboriginal Justice and the Charter examines and seeks to resolve the tension between Aboriginal approaches to justice and the Canadian Charter of Rights and Freedoms. Until now, scholars have explored idealized notions of what Aboriginal justice might look like. David Milward strikes out into new territory by asking why Aboriginal communities seek reform and by identifying some of the constitutional barriers in their path. He identifies specific areas of the criminal justice process in which Aboriginal communities may wish to adopt different approaches, tests these approaches against constitutional imperatives, and offers practical proposals for reconciling the various matters at stake. This bold exploration of Aboriginal justice grapples with the difficult question of how Aboriginal justice systems can be fair to their constituents but still comply with the protections guaranteed to all Canadians by the Charter.
Unjust by Design
Canadian legislatures regularly assign what are truly court functions to non-court, government tribunals. These executive branch “judicial” tribunals are surrogate courts and together comprise a little-known system of administrative justice that annually makes hundreds of thousands of contentious, life-altering judicial decisions concerning the everyday rights of both individuals and businesses. This book demonstrates that, except perhaps in Quebec, the administrative justice system is a justice system in name only. Failing to conform to rule-of-law principles or constitutional norms, its tribunals are neither independent nor impartial and are only providentially competent. Unjust by Design describes a justice system in transcendent need of major restructuring and provides a blueprint for change.
