Table Of Content

Y R A R B LI W A L N KI S A L A R O B FEMINIST PERSPECTIVES ON LAW 1993-94 Rosemary Gartner Mayo Moran Janet Mosher Jennifer Nedelsky Denise Reaume Kent Roach Katherine Swinton Faculty of Law University of Toronto vf 1v ■^3 vSrae^«riaui»LSi^lcM BORA LASKIN LAW LIBRARY UNIVERSIT Y OF TORONTO FEMINIST PERSPECTIVES ON LAW 1993-94 Rosemary Gartner Mayo Moran Janet Mosher Jennifer Nedeisky Denise Reaume Kent Roach Katherine Swinton Faculty of Law University of Toronto Digitized by the Internet Archive in 2018 with funding from University of Toronto https://archive.org/details/feministperspectOOgart FEMINIST PERSPECTIVES ON LAW 1993-94 Table of Contents VIOLENCE AGAINST WOMEN: BACKGROUND READINGS N.B.: These readings are generally relevant to all of the individual lectures over the course of the week. Lisa Freedman, "Wife Assault" in Guberman & Wolfe, eds., No Safe Place: Violence Against Women and Children .....1 Toronto Rape Crisis Centre, "Rape" in Guberman & Wolfe, eds., No Safe Place: Violence Against Women and Children ..... 3 Alanna Mitchell, "Child Sexual Assault", in Guberman & Wolfe, eds., No Safe Place: Violence Against Women and Children .. .....7 Kamini Maraj Grahame, "Sexual Harassment", in Guberman & Wolfe, eds., No Safe Place: Violence Against Women and Children.. 9 The Canadian Panel on Violence Against Women, Final Report: Changing the Landscape: Ending Violence - Achieving Equality .. 12 Suzanne Pharr, Homophobia: A Weapon of Sexism ... 14 Kimberle Crenshaw, "Whose Story Is It, Anyway? Feminist and Antiracist Appropriations of Anita Hill" in Race-ing Justice. En-gendering Power . 19 Ruthann Robson, "Incendiary Categories: Lesbians/Violence/Law" .. 43 Myriam Miedzian, Bovs Will be Bovs: Breaking the Link Between Masculinity and Violence . 47 bell hooks, Feminist Theory: From Margin to Center.. 53 Ursula Franklin, "Remarks" . 60 Robin West, "Pornography as a Legal Text", Bugar & Hoff eds., For Adult Users Only: The Dilemma of Violent Pornography 61 MONDAY: AN INTRODUCTION TO FEMINISM IN LAW (Professor Reaume) Gwen Brodsky and Shelagh Day, Canadian Charter Equality Rights for Women.63 Audre Lorde, Sister Outsider. 65 Carrie Menkel-Meadow, "Mainstreaming Feminist Legal Theory".70 Heather Ruth Wishik, "To Question Everything: The Inquiries of Feminist Jurisprudence" .80 THE PROBLEM OF VIOLENCE AGAINST WOMEN (Professor Gartner) Walter DeKeserdy and Katherine Kelly, "The Incidence and Prevalence of Woman Abuse in Canadian University and College Dating Relationships" .84 Rosemary Gartner, "Studying Woman Abuse: A comment on DeKeseredy and Kelly".93 TUESDAY MORNING: CHANGING VISIONS OF FAULT IN SEXUAL ASSAULT LAW (Professor Roach) Pappaiohn v. IL .102 Anthony Kenny, "Purpose, Intention and Recklessness" . .. 108 Toni Pickard, "Culpable Mistakes and Rape: Relating Mens Rea to the Crime" . 109 Christine L.M. Boyle, Sexual Assault .110 Note: Sansregret v. The Queen .112 R. v. Seabover and Gavme.113 An Act to Amend the Criminal Code. S.C. 1993, c.32. 147 Don Stuart, "The Pendulum Has Been Pushed Too Far" 148 Rosemary Cairns Way, "Bill C-49 and the Politics of Constitutionalized Fault" . 150 Patricia Hughes, "From a Woman’s Point of View" ... 153 THE PROBLEM OF PERSPECTIVE IN SEXUAL HARASSMENT LAW (Professor Swinton) Kamini Maraj Grahame, "Sexual Harassment" . 157 Re Canada Post Corp. and the Canadian Union of Postal Workers. 163 Foisv v. Bell Canada ..... • 169 LAW AND THE STATE: AS IF PROTECTING EVERYONE FROM VIOLENCE WERE REALLY A PRIORITY (Professor Nedelsky) Richard Orton, "Outside In: A Man in the Movement" . ... .. 174 In6s Hemandez-Avila, "In Praise of Insubordination, Or, What Makes a Good Woman Go Bad?". 180 TUESDAY AFTERNOON: Small Group Discussion N.B.: The readings for Professor Roach's lecture on "Changing Visions of Fault in Sexual Assault Law" will also serve as the readings for the small group discussions. Problem . 191 WEDNESDAY MORNING: AVENUES OF REDRESS: A CONVERSATION (Professors Mosher and Reaume, and Ms Mayo Moran) L.A.J. v. ILL .. 192 Lisa Freedman, "Wife Assault" ... ... 198 Christine Littleton, "Women’s Experience and the Problem of Transition: Perspectives on Male Battering of Women ...200 Rebecca Morley and Audrey Mullender, "Hype or Hope?" . ..210 Report of the Aboriginal Justice Inquiry of Manitoba, "The Justice System and Aboriginal People".... 215 Rosemary Tong. 218 British Columbia Task Force on Family Violence, "Is Anyone Listening?" .... 219 Dawn H. Currie, "Battered Women and the State: From the Failure of Theory to a Theory of Failure" ...225 Phillips v. Barnett ..228 Thurman v. City Torrington .231 Jane Doe v. Board of Commissioners of Police for Metropolitan Toronto .... 237 WEDNESDAY AFTERNOON: FEMINIST ENGAGEMENT WITH LAW Panel Discussion: Participants to be announced Catharine MacKinnon, Toward a Feminist Theory of the State . ..246 Carol Smart, Feminism and the Power of Law.250 Elizabeth M. Schneider, "The Dialectic of Rights and Politics: Perspectives from the Women’s Movement". 256 Lucinda Finley, "Breaking Women’s Silence in Law" .262