Section 15 – NAWL/West Coast LEAF 20th Anniversary Conference

Section 15 – NAWL/West Coast LEAF 20th Anniversary Conference Conférence ANFD/FAEJ Côte-Ouest sur le 20ième anniversaire de l’article 15 NAWL and West Coast LEAF jointly hosted a conference in celebration of the 20th anniversary of the equality provision (section 15) of the Canadian Charter. Women from across Canada and around the world came together in…

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Marriage, Homophobia, and Substantive Equality

Marriage, Homophobia, and Substantive Equality Mariage, homophobie et égalité véritable The unanimous decision of the Supreme Court of Canada in Reference re Same-Sex Marriage came as no surprise to anybody – or at least to those familiar with the Court’s obligations in interpreting and applying Charter rights and freedoms, and the relative ease that it…

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Commentary on Canada (Attorney General) v. Lesiuk

Cet article est disponible uniquement en anglais. Before becoming known by a section 15 Charter case bearing her name, Kelly Lesiuk was a registered nurse, and worked part-time in Brandon, Manitoba. She and her husband had a small child, and she was the primary caregiver. In 1997, her husband obtained employment in Winnipeg. Although they…

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Walsh v. Bona

Releasing its decision in Walsh v. Bona on December 19, 2002, the majority of the Supreme Court of Canada ruled that it is not discriminatory for the Nova Scotia Matrimonial Property Act (MPA) to exclude common law couples from the definition of “spouse.” Individuals will continue to face the increased burden of proving equitable claims…

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Where is the Government Going on Custody and Access?

In the September 30th Throne Speech, the Chrétien government announced that the Divorce Act would be amended to better promote the best interest of the child, unified family courts would be expanded, and mediation and counselling would be encouraged in lieu of litigation. The commitment is very vague for a government that has been doing…

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Kim Rogers: Death in the Modern Day Pauper’s Prison

Cet article est disponible uniquement en anglais. Kim Rogers, eight months pregnant and serving a sentence of house arrest in Sudbury, Ontario, died in her small apartment on August 9, 2001 during the course of a record-setting heat wave. Two days passed before her body was found. Many see Kim Roger’s death as the result…

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