Claire L Heureux Dub

Claire L   Heureux Dub

Both lionized and vilified, Claire L’Heureux-Dubé has shaped the Canadian legal landscape – and in particular its highest court.

Author: Constance Backhouse

Publisher: UBC Press

ISBN: 9780774836357

Category: Biography & Autobiography

Page: 768

View: 963

Both lionized and vilified, Claire L’Heureux-Dubé has shaped the Canadian legal landscape – and in particular its highest court. Only the second woman on the Supreme Court of Canada, L’Heureux-Dubé anchored her approach to cases in their social, economic, and political context. This compelling biography takes a similar tack, tracing the experience of a francophone woman within the male-dominated Quebec legal profession – and within the primarily anglophone world of the Supreme Court. In the process, Constance Backhouse enhances our understanding of the Canadian judiciary, the creation of law, the Quebec socio-legal environment, and the nation’s top court.
Categories: Biography & Autobiography

Adding Feminism to Law

Adding Feminism to Law

The nineteen essays in this volume celebrate the judicial career of Justice Claire L'Heureux-Dube 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.

Author: Elizabeth A. Sheehy

Publisher:

ISBN: 1552210855

Category: Feminist jurisprudence

Page: 390

View: 309

The nineteen essays in this volume celebrate the judicial career of Justice Claire L'Heureux-Dube 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-Dube'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-Dube'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-Dube 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.
Categories: Feminist jurisprudence

Two Firsts

Two Firsts

3Cécile Brosseau, “Claire L'Heureux-Dube, la femme des défis,” La Presse (
February 12, 1975); Constance Backhouse, Claire L'Heureux-Dubé: A Life (
Vancouver: University of British Columbia Press, 2017), Chapter 14. 4Interview
with ...

Author: Constance Backhouse

Publisher: Second Story Press

ISBN: 9781772600940

Category: Biography & Autobiography

Page: 238

View: 819

Bertha Wilson and Claire L’Heureux-Dubé were the first women judges on the Supreme Court of Canada. Their 1980s judicial appointments delighted feminists and shocked the legal establishment. Polar opposites in background and temperament, the two faced many identical challenges. Constance Backhouse’s compelling narrative explores the sexist roadblocks both women faced in education, law practice, and in the courts. She profiles their different ways of coping, their landmark decisions for women’s rights, and their less stellar records on race. To explore the lives and careers of these two path-breaking women is to venture into a world of legal sexism from a past era. The question becomes, how much of that sexism has been relegated to the bins of history, and how much continues?
Categories: Biography & Autobiography

Women in Law

Women in Law

Claire L'heureux-dubé, "The Length and Plurality of Supreme Court of Canada
Decisions," 28 Alberta Law Review (1990): 581 at 595. 19. Mossop v. Canada, 1
S.C.R. 554 (1993). 20. Dickason v. University of Alberta, 2 S.C.R. 1103 (1992). 21
.

Author: Mary Volcansek

Publisher: Greenwood Publishing Group

ISBN: 0313294100

Category: Law

Page: 376

View: 351

International in scope, this volume features profiles of 43 women who have made significant contributions to the development of law and legal reform.
Categories: Law

Women in the Judiciary

Women in the Judiciary

Sheehy, E. & Boyle, C. (2004) Justice L'Heureux-Dube ́ and Canadian sexual
assault law: resisting the privatization of rape, in: E. Sheehy (Ed.) Adding
Feminism to Law: The Contributions of Justice Claire L'Heureux-Dubé (Toronto,
Irwin ...

Author: Ulrike Schultz

Publisher: Routledge

ISBN: 9781135707408

Category: Law

Page: 152

View: 842

Does gender matter in judging? And if so, in what way? Why were there so few women judges only two or three decades ago, and why are there so many now in most countries of the Western world? How do women judges experience their work in a previously male-dominated environment? What are their professional careers? How do they organise and live their lives? And, finally and most notably: do women judge differently from men (or even better)? These are the questions dealt with in this collection of contributions by seven authors from six countries (UK, Australia, USA, Canada, Syria and Argentina), contrasting views from common law and civil law countries. In spite of differences in the two legal systems, as well as greater gender diversity on the bench and the overall higher income and prestige enjoyed by judges in common law countries, women judges in all these countries – Syria included – share many problems. Diverse and intriguing facets are added to a debate that started thirty years ago but continues to leave ample space for further discussion. This book was originally published as a special issue of International Journal of the Legal Profession
Categories: Law

Women s Legal Strategies in Canada

Women s Legal Strategies in Canada

... by men for men , they submitted that it failed to recognize the reality of business
women . ' ' Madam Justice Claire L ' Heureux - Dubé further argued that the cost
of a nanny should be regarded at least as legitimate a business expense ...

Author: Radha Jhappan

Publisher: University of Toronto Press

ISBN: 080207667X

Category: Law

Page: 407

View: 307

Have Canadian women gained from their pursuit of legal remedies to social, political, economic, and cultural inequalities? Is law a fruitful avenue for such struggles? Using liberal feminist, postmodern, critical, race, and queer theory, these essays confront the anti-rights critiques of the legal Left regarding the use of law in general and the Charter in particular. Several chapters explicitly examine the strategic limits and possibilities of the substantive equality rights approaches pursued by LEAF (The Women's Legal Education and Action Fund). Others focus on legal strategies mobilized in discreet areas of law and public policy by foreign domestic workers and racialized women, lesbians, women seeking reproductive freedom, women in the childcare movement, and anti-violence advocates. Recognizing the diversity of women across class, citizenship, race and ethnicity, sexual identity, culture, and (dis)ability, this collection evaluates the efficacy of the wide range of legal and political strategies women have employed, particularly in this post-Charter era. Women's Legal Strategies in Canada is the most comprehensive account of these important issues and will surely become the standard work in the field.
Categories: Law

Against Judicial Activism

Against Judicial Activism

Chief Justice Beverley McLachlin, Mr Justice Charles Gonthier, and Madam
Justice Claire L'Heureux-Dubé took strong issue with the decision of the majority
in Feeney. In a joint dissent written by L'HeureuxDubé, they pointed out that ...

Author: Rory Leishman

Publisher: McGill-Queen's Press - MQUP

ISBN: 9780773577312

Category: Political Science

Page: 320

View: 815

Against Judicial Activism cites numerous cases to support this argument. For instance, the British Columbia Human Rights Tribunal and Supreme Court read a ban on discrimination on the ground of transsexualism as being part of the province's human rights code. On the basis of this revision of the law, the tribunal ordered the Vancouver Rape Relief Society to pay $7,500 to a transsexual man in compensation for refusing to admit him into a training course for rape crisis counsellors.
Categories: Political Science

Resources for Feminist Research

Resources for Feminist Research

ABSTRACTS / PRÉCIS DE LECTURE · RFR / DRF Cet article s ' attache à
évaluer la contribution de la juge Claire L ' Heureux - Dubé aux décisions de la
Cour suprême concernant les revendications des minorités sociales que sont les
 ...

Author:

Publisher:

ISBN: STANFORD:36105123422573

Category: Women

Page:

View: 515

Categories: Women

Beyond Elder Law

Beyond Elder Law

Retired Supreme Court of Canada Justice, the Honorable Claire L'Heureux-Dubé
, approached me at this year's Quebec bar convention to say, “Ann, your Elder
Law has really become something. I remember when you first introduced me to it
 ...

Author: Israel Doron

Publisher: Springer Science & Business Media

ISBN: 9783642259722

Category: Law

Page: 222

View: 311

All over the world, there is a growing interest in the relationship between law and aging: How does the law influence the lives of older people? Can rights, advocacy and representation advance the social position of the aged and combat ageism? What are the new and cutting-edge frontiers in the field of elder law? Should there be a new international human rights convention in this field? These are only a few of the many questions that arise. This book attempts to answer some of these questions and to set the agenda for the future development of elder law across the globe. Taking into account existing research and knowledge, leading scholars from different continents (North America, Europe, Asia, and Australia) present in this book original and novel ideas regarding the future development of elder law. These ideas touch upon key topics such as elder guardianship, citizenship, mental capacity, elder abuse, human rights and international law, family relationships, age discrimination, and the right to die. This book can thus serve as an important reference work for all those interested in understanding where law and aging are headed, and for those concerned about the future legal rights of older persons.
Categories: Law

The Province of Administrative Law

The Province of Administrative Law

I am indebted to the following people for their input and comments: Paul Craig,
John Dawson, David Dyzenhaus, Claire L'Heureux-Dubé, Murray Hunt, and Rod
Macdonald, and of course to Michael Taggart for his unflagging efforts and ...

Author: Michael Taggart

Publisher: Bloomsbury Publishing

ISBN: 9781847316745

Category: Law

Page: 416

View: 832

During the past decade, administrative law has experienced remarkable development. It has consistently been one of the most dynamic and potent areas of legal innovation and of judicial activism. It has expanded its reach into an ever broadening sphere of public and private activities. Largely through the mechanism of judicial review, the judges in several jurisdictions have extended the ambit of the traditional remedies, partly in response to a perceived need to fill an accountability vacuum created by the privatisation of public enterprises, the contracting-out of public services, and the deregulation of industry and commerce. The essays in this volume focus upon these and other shifts in administrative law, and in doing so they draw upon the experiences of several jurisdictions: the UK, the US, Canada, Australia and New Zealand. The result is a wide-ranging and forceful analysis of the scope, development and future direction of administrative law.
Categories: Law

Feminist Judgments

Feminist Judgments

From Theory to Practice Rosemary Hunter, Clare McGlynn, Erika Rackley ...
Justices Bertha Wilson and Claire L'Heureux-Dubé on the Supreme Court of
Canada, Justice Ruth Bader Ginsburg on the United States Supreme Court,
Justice Mary ...

Author: Rosemary Hunter

Publisher: Bloomsbury Publishing

ISBN: 9781847316011

Category: Law

Page: 504

View: 992

While feminist legal scholarship has thrived within universities and in some sectors of legal practice, it has yet to have much impact within the judiciary or on judicial thinking. Thus, while feminist legal scholarship has generated comprehensive critiques of existing legal doctrine, there has been little opportunity to test or apply feminist knowledge in practice, in decisions in individual cases. In this book, a group of feminist legal scholars put theory into practice in judgment form, by writing the 'missing' feminist judgments in key cases. The cases chosen are significant decisions in English law across a broad range of substantive areas. The cases originate from a variety of levels but are primarily opinions of the Court of Appeal or the House of Lords. In some instances they are written in a fictitious appeal, but in others they are written as an additional concurring or dissenting judgment in the original case, providing a powerful illustration of the way in which the case could have been decided differently, even at the time it was heard. Each case is accompanied by a commentary which renders the judgment accessible to a non-specialist audience. The commentary explains the original decision, its background and doctrinal significance, the issues it raises, and how the feminist judgment deals with them differently. The books also includes chapters examining the theoretical and conceptual issues raised by the process and practice of feminist judging, and by the judgments themselves, including the possibility of divergent feminist approaches to legal decision-making. From the foreword by Lady Hale 'Reading this book ought to be a chastening experience for any judge who believes himself or herself to be both true to their judicial oath and a neutral observer of the world... If lawyers and judges like me have so much to learn from reading this book, then surely other, more sceptical, lawyers and judges have even more to learn...other scholars, and not only feminists, must also be fascinated by the window it opens onto the process of judicial reasoning: not the straightforward, predetermined march from A to B of popular belief, but something altogether more complicated and uncertain. And anyone will find it a very good read.'
Categories: Law

The End of the Charter Revolution

The End of the Charter Revolution

4 See Claire L'Heureux-Dubé, “The Length and Plurality of Supreme Court of
Canada Decisions,”Alberta Law Review 28 (1989–90): 581. 5 The casual
unanimous dismissal of what we would today see as “Saumur 2” is completely
consistent ...

Author: Peter J. McCormick

Publisher: University of Toronto Press

ISBN: 9781442606418

Category: Political Science

Page: 304

View: 112

The Canadian Charter of Rights and Freedoms became an entrenched part of the Canadian Constitution on April 17, 1982. The Charter represented a significant change in Canadian constitutional order and carried the courts, and the Supreme Court in particular, decisively into some of the biggest controversies in Canadian politics. Although the impact of the Charter on Canadian law and society was profound, a new status quo has been established. Even though there will be future Charter surprises and decisions that will claim news headlines, Peter J. McCormick argues that these cases will be occasional rather than frequent, and that the Charter "revolution" is over. Or, as he puts it in his introduction, "I will tell a story about the Charter, about the big ripples that have gradually but steadily died away such that the surface of the pond is now almost smooth." The End of the Charter Revolution explores the Canadian Charter of Rights and Freedoms, beginning with a general historical background, followed by a survey of the significant changes brought about as Charter decisions were made. The book addresses a series of specific cases made before the Dickson, Lamer, and McLachlin Courts, and then provides empirical data to support the argument that the Charter revolution has ended. The Supreme Court has without question become "a national institution of the first order," but even though the Charter is a large part of why this has happened, it is not Charter decisions that will showcase the exercise of this power in the future.
Categories: Political Science

Polygamy s Rights and Wrongs

Polygamy s Rights and Wrongs

... community at Bountiful and releasing the women there into different lives; and
Justice Claire L'Heureux Dubé said, over lunch with Rebecca and me, that, of
course, I must de- nounce older men having legalized access to young women.

Author: Lori Gail Beaman

Publisher: UBC Press

ISBN: 9780774826174

Category: Social Science

Page: 276

View: 879

Assumptions about the harmful nature of polygamy have left little room for debate, with monogamy coming to represent a hallmark of advanced societies, and polygamy the immoral alternative. Yet in this volume, eleven scholars ask whether this condemnation is justified by examining, among other perspectives, the lived experiences of polygamous families. In essays that fearlessly face difficult questions of choice, dignity, and love, the authors seek to complicate a conversation that is more often simplified. Thoughtful and persuasive, Polygamy's Rights and Wrongs is both a close consideration of polygamy and a challenging reflection on the ways in which we value family and intimacy.
Categories: Social Science

Power without Law

Power without Law

... Justice Claire L'Heureux-Dubé, who signed the majority reasons in Marshall (
No. 1) said, in response to critics of judicial activism, that those critics “ignore the
process of legal reasoning and justification that forms part of every legal decision.

Author: Alex M. Cameron

Publisher: McGill-Queen's Press - MQUP

ISBN: 9780773581180

Category: Law

Page: 255

View: 880

The Supreme Court of Canada decision in the Marshall case asserted sweeping Native treaty rights and generated intense controversy. In Power without Law Alex Cameron enlivens the debate over judicial activism with an unprecedented examination of the details of the Marshall case, analyzing the evidence and procedure in the trial court and tracing the legal arguments through the Court of Appeal to the Supreme Court of Canada. He argues that there were critical defects in the process - the successful argument at the Supreme Court of Canada was never tested in the lower courts, the Crown's expert was precluded from testifying about a vital document, the Court's analysis does not accord with the historical evidence, and the treaty rights are inconsistent with the colonial law of Nova Scotia. Concluding that the Marshall decision was the result of incautious judicial activism, Power without Law challenges us to reconsider the role of our courts in the Charter era.
Categories: Law

Federalism and Subsidiarity

Federalism and Subsidiarity

... 55 (1992): 107, 108. Aspects of family law, including property division on
divorce, remain at the provincial level, while custody and child support are
federal issues. See Claire L'Heureux-Dubé, “Economic Consequences of
Divorce: A View ...

Author: James E. Fleming

Publisher: NYU Press

ISBN: 9781479875559

Category: Law

Page: 464

View: 232

In Federalism and Subsidiarity, a distinguished interdisciplinary group of scholars in political science, law, and philosophy address the application and interaction of the concept of federalism within law and government. What are the best justifications for and conceptions of federalism? What are the most useful criteria for deciding what powers should be allocated to national governments and what powers reserved to state or provincial governments? What are the implications of the principle of subsidiarity for such questions? What should be the constitutional standing of cities in federations? Do we need to “remap” federalism to reckon with the emergence of translocal and transnational organizations with porous boundaries that are not reflected in traditional jurisdictional conceptions? Examining these questions and more, this latest installation in the NOMOS series sheds new light on the allocation of power within federations.
Categories: Law

First Peoples In Canada

First Peoples In Canada

So wrote Justice Claire L'Heureux-Dubé in her dissenting opinion in the
Aboriginal rights case known as Regina v. Van der Peet. Terra nullius is a Latin
phrase meaning “empty land,” and there was a time when this continent was terra
nullius.

Author: Alan D. McMillan

Publisher: D & M Publishers

ISBN: 9781926706849

Category: Social Science

Page: 432

View: 473

First Peoples in Canada provides an overview of all the Aboriginal groups in Canada. Incorporating the latest research in anthropology, archaeology, ethnography and history, this new edition describes traditional ways of life, traces cultural changes that resulted from contacts with the Europeans, and examines the controversial issues of land claims and self-government that now affect Aboriginal societies. Most importantly, this generously illustrated edition incorporates a Nativist perspective in the analysis of Aboriginal cultures.
Categories: Social Science

The Unity of Public Law

The Unity of Public Law

Madame Justice Claire L'Heureux-Dubé's judgment for the majority both fits with
and takes forward an international judicial debate about the relationship between
international rights documents and domestic legal regimes. It establishes for ...

Author: David Dyzenhaus

Publisher: Bloomsbury Publishing

ISBN: 9781847310460

Category: Law

Page: 520

View: 673

This book tackles the important topic of the relationship between three parts of the public law regime in a common law jurisdiction: the common law of judicial review or the unwritten constitution, the written constitution and public international law. Thematic coherence is ensured by the fact that the papers were presented at a conference in early 2003 and then extensively revised and by a general focus on a path-breaking decision of Canada's Supreme Court (Baker). The book thus contains a highly productive exchange between an international group of scholars on such themes as the rule of law, judicial deference, the separation of powers, the role of human rights in common law reasoning on immigration and security matters, and the nature of legal authority.
Categories: Law

Migration Citizenship Ethnos

Migration  Citizenship  Ethnos

... and a Trudeau scholar. She is currently writing a doctoral dissertation that
focuses on the interaction between law, Muslim women, and constitutional liberal
states. She clerked for the Honorable Claire L'Heureux-Dube at the Supreme
Court ...

Author: Y. Bodemann

Publisher: Springer

ISBN: 9781403984678

Category: Political Science

Page: 248

View: 856

This collection of essays addresses three interrelated themes: the basic issues in contemporary German and European Migration since 1945 with particular focus on new developments in the 80s; the ways in which the citizenship debate has proceeded and how immigration and citizenship have been handled in Western Europe.
Categories: Political Science

Separated and Divorced Women in India

Separated and Divorced Women in India

They lose their residence and experience a drastic fall in lifestyle, living
standards and social status. Poor women struggle to survive. 1 Justice Claire L'
Heureux-Dube, 'Economic Consequences of Divorce: A View from Canada', 31
Hous.

Author: Kirti Singh

Publisher: SAGE Publications India

ISBN: 9788132116295

Category: Family & Relationships

Page: 248

View: 336

Separated and Divorced Women in India examines the economic rights and entitlements of separated/deserted women in law and practice in India, and explores all the laws and policies relating to financial support for a wife or child that come into play once a separation or divorce has taken place. Based on a survey of more than 400 women in four different regions across the country, this seminal work lays bare the miserable financial conditions of separated/deserted women and the lengthy procedural obstacles that these women have to contend with to get any justice. It interrogates the absence of any laws that would give Indian women ownership rights in the property and assets that they have helped to acquire through financial or non-financial contributions in the marital home, and suggests that Community of Property should be made a part of law for all Indian women. This work further challenges the conventional understanding of productive work and advocates recognition of the productive nature of women's household work. Another aspect discussed pertains to the pervasive scourge of dowry and how seldom women recover their dowry and stridhan through the law.
Categories: Family & Relationships

International Law and Domestic Legal Systems

International Law and Domestic Legal Systems

He worked as a law clerk at the Supreme Court of Canada, with Madam Justice
Claire L'Heureux-Dubé. He is the author (or co-author) of five books, including
The Power of Language in the Making of International Law ((Leiden & Boston: ...

Author: Dinah Shelton

Publisher: OUP Oxford

ISBN: 9780191029769

Category: Law

Page: 752

View: 635

Different countries incorporate and interpret international law in different ways. This book provides a systematic analysis of the domestic constitutional regime of over two dozen countries, setting out the status accorded to international law in those countries and its normative weight, as well as problems relating to its implementation. This country-by-country comparison allows the book to examine how the international legal order and domestic legal systems interact and influence each other. Through a series of chapters on the role of international law in 27 countries throughout the world, it shows a growing tendency towards greater democratic participation in treaty-making coupled with a significant utilization of informal agreements that by-pass such participation, as well as a role for non-binding normative instruments as persuasive authority in domestic judicial decision-making. The chapters suggest a stronger attachment to international law in legal systems that have survived a period of repression, resulting in many cases in a higher normative status for international human rights instruments in those states. The impact of the European Union on the constitutional order of its member states is also examined.
Categories: Law