The Québec Appeal Court decision on the Constitutionality of Maternity and Parental Benefits as Employment Insurance Benefits

Aside from federal/provincial division of powers arguments, the Québec Appeal Court decision raised some important questions about maternity and parental benefits. The Court saw motherhood as an individual choice and therefore an individual responsibility. At NAWL, we think that society as a whole benefits from the work mothers (and increasingly, fathers) do raising children. The…

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Pay Equity Task Force Final Report 2004

The federal government appointed a Pay Equity Task Force that issued its Report in the May 2004. The Report recommends adopting a new, stand-alone pay equity law that will cover women, as well as workers of colour, Aboriginal workers and workers with disabilities. Although the Task Force recommendations are good news for women, they have…

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Ratifying the American Convention on Human Rights: The Stakes for Women

This report was written for the Working Group on Abortion, Reproductive Health, and Women’s Citizenship in the Americas of the National Association of Women and the Law (NAWL). Table of Contents Foreword & Acknowledgments Introduction The OAS and the Inter-American Human Rights System ACHR Ratification: Characteristics, Issues and Difficulties for Canada Abortion, Reproductive Health and…

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Faith-Based Arbitration

In 2003, the Ontario Islamic Institute of Civil Justice announced that it would be offering a “Sharia Court” to Ontario Muslims. The “Sharia Court” would conduct binding arbitrations according to Islamic law. Why People Are Talking About Faith-Based Arbitration In 2003, the Ontario Islamic Institute of Civil Justice announced that it would be offering a…

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Restorative Justice in Nova Scotia: Women’s Experience and Recommendations

Restorative Justice in Nova Scotia: Women’s Experience and Recommendations La justice réparatrice en Nouvelle-Écosse: le vécu et les recommandations des femmes Restorative justice processes have been contemplated as a potential improvement on the failures of the existing criminal justice system to deal with violence against women, and as a potential source of empowerment for women.…

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Transgender Human Rights and Women’s Substantive Equality / L’égalité réelle pour les femmes

Transgender Human Rights and Women’s Substantive Equality L’égalité réelle pour les femmes et les personnes transgenres The aim of this discussion paper is to engage equality advocates on specific questions of relevance to law reform initiatives pertaining to the relation between transgender and women’s substantive equality rights. It proposes a framework for the discussions that…

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A Mandate of Equality: Women and Electoral Reform

Pursuing electoral reform is an important issue for equality-seeking women in Canada, and is the main focus of the following paper. The limitations of the current First Past the Post (FPP) electoral structure will be examined from the perspective of the Canadian women’s movement and its policy priorities. Furthermore, three mechanisms for political change will…

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Ratification of the American Convention on Human Rights

Ratification of the American Convention on Human Rights L’information d’organisation Presented to the Senate Committee on Human Rights. Available in French only. Présenté au Comité sénatorial permanent des droits de l’homme. L’Association nationale de la femme et du droit (ANFD) est très heureuse d’avoir la possibilité de témoigner devant le Comité sur les droits de…

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Welfare Rights Are Women’s Rights, Consultation Report

In the Fall of 2000, the National Association of Women and the Law (NAWL) obtained intervener status before the Supreme Court in the Gosselin v. Québec (Attorney General) case. The Gosselin case is about a welfare regulation in force in Québec in the 1980’s that provided drastically reduced benefits (170$ a month) for persons under…

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The Defence of Provocation: Stop Excusing Violence Against Women

Historically the criminal law system has justified and condoned male violence against women. It allowed a man to use “reasonable” force to ensure the respect and obedience of his spouse; it immunized husbands from prosecution for rape of their wives; it did not sanction the rape of “bad girls;” and it ignored most forms of…

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Women Speak Out on Custody and Access

NAWL, with the financial assistance from Status of Women Canada, undertook to assist women across the country to look at the potential impact of changes put forward by the Special Joint Committee on Custody and Access. NAWL suggested ways in which women could effectively bring their experiences and points of view to the legislators.…

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The Child Support Guidelines: A NAWL Response to the Federal Child Support Guidelines

NAWL’s Response to the Federal Child Support Guidelines provides recommendations and general comments regarding the proposed amendments to the Divorce Act. While supporting the objectives of the Child Support Guidelines, NAWL urges the government to ensure that the guidelines and their application accomplish the initial goal of increasing the amount and availability of support for…

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