What’s Next: Recommendations from the Kim Rogers Inquest

December 2002 was a most significant month for women’s equality seeking organizations. The Supreme Court of Canada released three important decisions (Gosselin, Walsh, and Chamberlain, the federal government tabled Bill C-22 in the House of Commons, proposing major changes to the Divorce Act in the area of custody and access, and NAWL submitted an extensive […]

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Majority Embraces Stereotype of Poor

There are good news elements in the Supreme Court of Canada’s decision in Gosselin v. Québec (Attorney General). Justice Arbour has written an important and fresh decision on section 7, finding that it creates a positive obligation on governments to deal with economic deprivation. In addition, the majority on the discrimination issue is a slim […]

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Finding Answers: The Kimberly Rogers Inquest

At its most extreme, the criminalization of poverty costs lives. That is exactly what happened to Kimberly Rogers. Kimberly Rogers was charged and pled guilty to welfare fraud in April 2001. She had collected social assistance and failed to report that she was collecting student loans simultaneously. Social assistance recipients cannot also collect student loans […]

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Test-Case Litigation, Social and Economic Rights, and the American Convention on Human Rights: What Difference can it Make?

Summary of a presentation from NAWL’s 14th Biennial Conference In the Fall of 2001, the Supreme Court of Canada heard Louise Gosselin’s Charter claim to an adequate level of social assistance (Gosselin v. The Attorney General of Québec, 27418, decision reserved). Gosselin raises important questions regarding whether states have a positive duty to provide social […]

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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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Women’s Poverty, Women’s Equality: Supreme Court to Rule on one Woman’s Claim to Social and Economic Rights

Cet article est disponible uniquement en anglais. The Supreme Court of Canada will soon be hearing a precedent-setting case about the right to adequate social assistance benefits. NAWL was granted leave to intervene in the case, to present a feminist analysis of the issue. Gosselin v. The Attorney General of Québec (27418) is scheduled to […]

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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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