Your search
Results 8 resources
-
This article explores the relationship between legal ethics and restorative justice. It is commonly observed that there exists a "decline" in professionalism among Canadian lawyers today. One of the persistent concerns is that legal ethics rules and the "standard conception" of professional role morality that underpins them, the neutral partisan, fail to strike the correct balance between client interests and the public interest. Building on this idea, this article 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 by lawyers, firms, and other kinds of law practices. The article concludes by recommending a series of lawyering practices and professional regulatory measures that are consistent with taking a restorative principles-based approach. Ultimately, the article shows that restorative justice offers more than an alternative path for lawyers in criminal law settings. It constitutes a distinct set of obligations that, once implemented as legal ethics, 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.
-
In a moment when restorative justice stands poised to mainstream in U.S. and Canadian legal education, this essay recalls some intellectual history of ADR as
-
Trump’s executive order and Pierre Poilievre’s stance on trans rights fuel a divide on gender equality. Trans rights and feminism are linked and both must be defended together.
-
Transphobia is rising, threatening student safety on campus. Universities must act now to protect queer and trans students from harm.
-
Some universities’ non-discrimination and gender-based violence policies have been criticized on equality grounds, and this needs to change.
-
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 nondisclosure cases.
-
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.
Explore
Author / Editor
Resource type
- Journal Article (2)
- Magazine Article (3)
- Preprint (3)