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Adding Feminism to Law

Adding Feminism to Law

The Contributions of Justice Claire L'Heureux-Dube

Edited by Elizabeth Sheehy


The nineteen essays in this volume celebrate the judicial career of Justice Claire L-Heureux-Dubé and consider the unique ways in which her work as a judge of the Supreme Court of Canada enhanced women's legal and social equality in Canada. Written by leading legal scholars, jurists, and social activists, these essays examine Justice L'Heureux-Dubé's substantive contributions to areas of the law including family law, taxation, human rights law, immigration law, and criminal law, as well as examining the ways in which her judgments advanced access to justice and the rights of Aboriginal people, gays and lesbians, and people with disabilities in Canada. Finally, they look at the influence her decisions have had in jurisdictions beyond Canadian borders.

As the papers in this collection demonstrate, Justice L'Heureux-Dubé's work--both on the bench and as a public figure--advanced a feminist analysis of law that served to enhance the quality of life for Canadian women. As importantly, they document her approach to judging, which was defined by human compassion and an ability to see and understand the lived reality of people's lives.

During her fifteen years on the Supreme Court from 1987 to 2002, Justice L-Heureux-Dubé participated in over six hundred Charter of Rights decisions, many of which were profoundly significant and often controversial. Anyone interested in the enterprise of judging generally and in the history of the Court and its role in Canadian society during these turbulent times will find this book a most important addition to their library.


Introductory Materials

Chief Justice Beverley McLachlin
Elizabeth Sheehy
Justice Rosalie Silberman Abella

The Enterprise of Judging

A Feminist View of the Supreme Court from the Anti-Rape Frontline
Lee Lakeman
The Era of Concealed Underlying Premises Is Over: Justice L'Heureux Dubé's Contribution to Statutory Interpretation
Ruth Sullivan
Claire L'Heureux-Dubé: Reflections from Down Under
Reg Graycar
Étre le miroir de son époque: la primauté du droit, la critique égalitaire, et la contribution de Madame la juge L'Heureux-Dubé
Natalie Des Rosiers
Backlash and the Feminist Judge: The Work of Justice Claire L'Heureux-Dubé
Hester Lessard
Bars, Breasts, Babies: Justice L'Heureux-Dubé and the Boundaries of Belonging
Rebecca Johnson

Shaping Substantive Law

Contextualizing the Best Interests of the Child: Justice L'Heureux-Dubé's Approach to Child Custody and Access Law
Susan B. Boyd
Baker revisité : le contrôle judiciare de décisions humanitaires où l'intérêt de l'enfant est en cause
Yves Le Bouthillier
The Social Phenomenon of Handicapping
Ena Chadha
Taxing Times at the Supreme Court of Canada: The Contributions of Justice L'Heureux-Dubé to a Better Understanding of the Application of the Charter to the Income Tax System
Claire F.L. Young
Justice L'Heureux-Dubé and Canadian Sexual Assault Law: Resisting the Privatization of Rape
Elizabeth Sheehy and Christine Boyle

Committing to Equality

Travels With Justice L'Heureux-Dubé: Equality Law Abroad
Margot Young
Inequalities and the Social Context
Mary Jane Mossman
Personalizing the Political and Politicizing the Personal: Understanding Justice McClung and his Defenders
Sheila McIntyre
Outside/In: Lesbian and Gay Issues as a Site of Struggle in the Judgments of Justice Claire L'Heureux-Dubé
Shelley A.M. Gavigan
Rooms with "Traditional Views": Justice L'Heureux-Dubé and the Expansion of Interpretative Principles Related to Equality in the Context of Indigenous Rights
Tracey Lindberg
Justice L'Heureux-Dubé: Dimensions of a Quintessential Judicial Leader
Justice Corrine Sparks

Published March 2005
Publisher Irwin Law (Canada)
ISBN 9781552210857
Australian RRP $75.00
International Price $70.00
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Law - Feminist Legal Studies

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