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We need to fundamentally rethink the way that the law handles sexual violence. To do that, we should start by asking survivors what “justice” means to them.
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Canadian colleges and universities must respect gender equality and fair process in adjudicating cases of sexual violence.
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Transphobia is rising, threatening student safety on campus. Universities must act now to protect queer and trans students from harm.
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Feminist judgment projects have proliferated in recent years, with contributors in over twelve countries rewriting judgments to bring the relationship between law, gender, and equality to light. The requirements of feminist judgments vary between projects, but many of them require contributors to replicate the generic conventions of judgments and limit their reference to legal precedents and other materials available at the time of the original decision. This article reflects on the politics of feminist judgments, challenging the premises of the conventional methodology in contexts where the law cannot be redeemed through liberal legal methods. One such area is HIV non-disclosure. Canadian courts have repeatedly found that the criminal law has jurisdiction over a person’s failure to disclose their HIV-positive status in sexual relations. The article argues that the law in this area should not be rewritten using the conventional methodology because the law should be abolished. In contexts like this, feminists should have recourse to an expanded referential universe, including creative tools, strategies, and forms of literary and artistic expression to represent gender and sexuality differently. The article concludes by constructing a “found poem” from the words of R. v Aziga, a 2023 decision of the Ontario Court of Appeal, to suggest a more progressive path forward in HIV non-disclosure cases.
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This article explores the relationship between legal ethics and restorative justice. It argues that the legal profession should be reoriented around restorative justice as the moral foundation of a more progressive approach to legal ethics and professional responsibility. It translates concepts from restorative justice into ethical terms, grounding ideas about interdependence, community involvement, and public accountability into a list of restorative principles that can be readily applied in the practice of law, and recommending a series of practices and regulatory measures that are consistent with a restorative principles-based approach. Ultimately, the article shows that such an approach has the potential to raise the moral consciousness of lawyers, facilitate collaboration within communities and across systems, and redefine the role of lawyers in the administration of justice, transforming conditions of law and society in a more equitable direction.
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The #MeToo movement has exposed inequalities in the legal system that disadvantage women. Restorative justice could help in certain sexual violence cases.
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For the government’s statement Tuesday to have substance, it needs to be accompanied by meaningful reforms that continue to improve the lives of lesbian, gay, bisexual and transgender Canadians everywhere
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Some universities’ non-discrimination and gender-based violence policies have been criticized on equality grounds, and this needs to change.
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