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Canadian Constitutional Law, 3rd ed.
Joel Bakan, Patrick Macklem, John Borrows, Richard Moon, Sujit Choudhry, R.C.B. Risk, Robin Elliot, Kent Roach, Jean-François Gaudreault-DesBiens, Carol Rogerson, Donna Greschner, Bruce Ryder, Patricia Hughes, David Schneiderman, Jean Leclair, and Lorraine Weinrib
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British Columbia Moves Backwards on Women's Equality: Submission of the B.C. CEDAW Group to the United Nations Committee on the Elimination of Discrimination Against Women on the Occasion of the Committee’s Review of Canada's 5th Report
B.C. CEDAW Group, Shelagh Day, Margot Young, Patricia Cochran, Kelly MacDonald, and Sharon McIvor
British Columbia Moves Backwards on Women’s Equality, prepared by the Poverty and Human Rights Project for 12 women’s and anti-poverty organizations in British Columbia, submitted to the United Nations Committee on the Elimination of Discrimination against Women on the occasion of the review of Canada’s 5th report on its compliance with the Convention on the Elimination of All Forms of Discrimination against Women.
[From https://povertyandhumanrights.org/2003/01/b-c-cedaw-report-british-columbia-moves-backwards-on-women%EF%BF%BDs-equality-prepared-by-the-poverty-and-human-rights-project-for-12-womens-and-anti-poverty-organizations-in-british-columbia-ja/amp/]
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Jurisprudence for an Interconnected Globe
Catherine Dauvergne
This title was first published in 2003.This book explores the interaction of globalization and the development of law. The framework of the book is established by William Twining, who asks how legal concepts can be generalised within a variety of legal orders. This theme is taken up by a group of leading Australian scholars, who produce essays on international economic law, including financial regulation and human rights, and citizenship, migration and crime, under the headings Globalization and the Laws of Money, Globalization and the Laws of People, Globalization, Cultures and Comparisons. This collection marks an important step towards the construction of a jurisprudence for a connected, but still culturally diverse, globe.
[From Jurisprudence for an Interconnected Globe - 1st Edition - Catherine Da]
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Canada's Failure To Act: Women's Inequality Deepens: Submission of the Canadian Feminist Alliance for International Action to the United Nations Committee on the Elimination of Discrimination Against Women on the Occasion of the Committee's Review of Canada's 5th Report
Feminist Alliance for International Action (FAFIA), Shelagh Day, Margot Young, Michelle Booker, and Karey Brooks
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Academic Freedom and the Inclusive University
Sharon E. Kahn and Dennis Pavlich
Battles over human rights, curriculum issues and hiring and promotion practices reveal to what extent efforts to integrate ideas of academic freedom and the inclusive university have engendered strife and debate on Canadian campuses. For some, the concept of academic freedom has become its own myth – an icon to be revered, an article of faith, an essentialist doctrine with roots firmly planted in tradition. For others, the concept of an inclusive university – a university reflecting the burgeoning diversity of cultures and ideologies in Canadian society – demands realization through the transformation of university structures and practices.
The four parts of Academic Freedom and the Inclusive University explore this conflict. In Clarifying Concepts in Language, Law, and Ideology, contributors examine the terms of reference and clarify the differences between Canadian and American viewpoints. The Changing Culture looks at the conflict between academic freedom and the inclusive university from theoretical, historical, and personal perspectives. The chapters in Academic Freedom in Peril contend that inclusion as a policy within the university has destroyed the consensus necessary for academic life, while the essays in Theoretical and Practical Challenges to the Inclusive University focus on the problems that arise when universities promote a policy of inclusion.
Although no final conclusions are drawn in this thought-provoking book, it provides insight into the relationship between academic freedom and the inclusive university. Lively, impassioned and informed, these essays will appeal to general readers, academics, and students alike.
[From https://www.ubcpress.ca/academic-freedom-and-the-inclusive-university]
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International Law Chiefly as Interpreted and Applied in Canada, 6th ed.
Hugh M. Kindred, Karin Mickelson, Ted L. McDorman, René Provost, Armand L.C. deMestral, Linda C. Reif, and Sharon A. Williams
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Transforming Cultural Conflict in an Age of Complexity
Michelle Lebaron
Focuses on three distinct ways in which culture affects conflicts: culture as a lens that facilitates or blocks effective communication; culture and world view differences as the subject of conflicts; conflicts related to identity and recognition as facets of cultural differences. The author discusses challenges and concrete recommendations for process design in culturally-complex conflicts.
[From Transforming Cultural Conflict in an Age of Complexity - Berghof Foundation]
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The Legal Capture of British Columbia's Fisheries: A Study of Law and Colonialism
Douglas C. Harris
Master of Laws - LLM Thesis
This is a study of the human conflict over fish in late nineteenth and early twentieth century British Columbia, and of how that conflict was shaped by law. Law, understood broadly to include both the legal forms of the Canadian state and those of Native peoples, defined and in part created both Native and state fisheries. When those fisheries clashed, one finds conflict between legal systems. When one fishery sought to replace the other, its laws had to replace the other. Thus, this is a study of law and colonialism, seen through a close analysis of the conflict over fish. Native fisheries and the web of regulation surrounding them preceded non-Native interest in British Columbia's fish. The fishery was not an open-access resource, but rather a commons, defined by entitlements, prohibitions and sanctions that allowed certain activity, proscribed others, permitted one group to catch fish at certain times in particular locations with particular technology, and prohibited others. The Canadian state denied the legitimacy and even the existence of Native fisheries law in imposing its law on the fishery. This study, based largely on government records and a secondary anthropological literature, describes the legal apparatus constructed by the Canadian state to reduce Native control of the fisheries in British Columbia through the creation, in law, of the "Indian food fishery". Law became a means of constructing a particular economic and social order that marginalized Native participation in the fishery and eliminated Native control. It was a "rhetoric of legitimation" that supported state domination, but also local resistance. Native peoples and their supporters used law, both Native and state law, to defend their fisheries. The history of the conflict over fish is the history of competing legal cultures, and the struggle on the Cowichan River and the Babine River over fish weirs reveals those cultures, constructed in opposition to each other. The study concludes by integrating the local conflicts over fish into a wider literature on law and colonialism, reflecting on the role of law in particular colonial settings.
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Just Words: Constitutional Rights And Social Wrongs
Joel Bakan
The Canadian Charter of Rights is composed of words that describe the foundations of a just society: equality, freedom, and democracy. These words of justice have inspired struggles for civil rights, self-determination, trade unionism, the right to vote, and social welfare. Why is it, then, that fifteen years after the entrenchment of the Charter, social injustice remains pervasive in Canada?
Joel Bakan explains why the Charter has failed to promote social justice, and why it may even impede it. He argues that the Charter's fine-sounding words of justice are ‘just words.’ Freedom, equality and democracy are fundamental principles of social justice. The Canadian Charter of Rights and Freedoms entrenches them in Canada's highest law, the constitution. Yet the Charter has failed to promote social justice in Canada. In Just Words, Joel Bakan explains why.
Sophisticated in its analyses but clearly written and accessible, Just Words is cutting-edge commentary by one of Canada's rising intellectuals.
Joel Bakan argues that the Canadian Charter of Rights (1982) has failed to promote social justice because it is administered by a conservative judiciary and because social and economic conditions constantly interfere with its principles.
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