scholarly journals Disclosure and Production in Sexual Violence Cases: Situating Stinchcombe

1969 ◽  
pp. 655
Author(s):  
Jennifer Koshan
Keyword(s):  
Sexual Violence ◽  
Violence Against Women ◽  
Supreme Court Of Canada ◽  
Appellate Courts ◽  
Judicial Decisions ◽  
Trial Judges ◽  
The Supreme Court ◽  
History Of ◽  
Exercise Of Discretion ◽  
Case Basis

This article examines the issue of disclosure and the legacy of Stinchcombe through a review of the history of disclosure and production in criminal sexual assault proceedings and an analysis of judicial decisions and legislative enactments in this context. The author presents a feminist analysis of the tension between those representing the rights of accused persons who seek to access a complainant's personal records and the voices of equality-seeking and anti-violence groups that challenge stereotypes about sexual violence against women. The author presents a comprehensive review of the louver court decisions in production applications since the Supreme Court of Canada decision in R. v. Mills. The author concludes that while Bill C-46 and Mills are positive developments, a great deal of discretion is left to trial judges to decide on the merits of production on a case-by-case basis, and such decisions are granted much deference by appellate courts. The exercise of discretion may encourage the application of stereotypes about women and sexual violence and is the reason an absolute ban on production is preferred by women's and anti- violence groups.

scholarly journals A Choice among Values: Theoretical and Historical Perspectives on the Defence of Necessity

1969 ◽  
pp. 848 ◽  
Author(s):  
Benjamin L. Berger
Keyword(s):  
Supreme Court ◽  
Supreme Court Of Canada ◽  
Historical Perspectives ◽  
Theoretical Approaches ◽  
A Value ◽  
Canadian Law ◽  
The Supreme Court ◽  
History Of ◽  
The Law ◽  
The Way

The author explores various theoretical approaches to the defence of necessity, rejecting both excusatory conceptions of the defence and those based on the notion of moral involuntariness. Rather, the author argues that necessity is properly understood as a justificatory defence based on a lack of moral blameworthiness. After extensively surveying the history of the defence in Canadian law, the author critiques the way in which the Supreme Court of Canada has restricted the defence. He contrasts the current Canadian approach with the treatment of the defence in other jurisdictions and concludes that Canadian law would be served best by a robust defence of necessity, which would acknowledge that, in some circumstances, pursuit of a value of greater worth than the value of adherence to the law can be justified.

Telling stories of rape, revenge and redemption in the age of the TED talk

2018 ◽  
Vol 15 (2) ◽  
pp. 259-278 ◽  
Author(s):  
Karen Crawley ◽  
Olivera Simic
Keyword(s):  
Sexual Violence ◽  
Violence Against Women ◽  
Public Institutions ◽  
Entertainment Media ◽  
Mainstream Media ◽  
Informal Justice ◽  
The Third ◽  
History Of ◽  
The Spectator ◽  
Men’S Involvement

The last few years have witnessed increasing discussion of sexual violence in the mainstream media and public debate in North America and elsewhere, especially with the most recent wave of sexual assault and harassment allegations in entertainment, media and public institutions, called the #MeToo campaign. Despite the view that men must be engaged in this conversation in order to be effective at preventing violence and changing deep-seated patriarchal attitudes, the place of male voices in this ongoing conversation is hotly in question. This article analyzes an unusual and controversial project by Thordis Elva and Tom Stranger, who, 20 years after Stranger raped Elva, produced a TED talk (2016) watched by over 3 million people, and a jointly written book, South of Forgiveness (Elva and Stranger, 2017), detailing their story of forgiveness and redemption. The first part of this article situates this unprecedented victim-rapist enterprise within the history of feminist anti-rape politics and men’s involvement in that politics, arguing that this project both instantiates, and critiques, an appeal to the ‘good man’. The second part analyzes the book South of Forgiveness as a survivor story that is more complex than the highly reductive format of a TED talk allows, and shows how its uneasy fit within the putative frameworks of ‘restorative’ or informal justice (as Elva and others claim it to be) is a function of the unacknowledged dimension to the performance in the form of revenge. The third part of the article turns to Elva’s and Stranger’s public performances that began with the TED talk and book tour, which we attended, to show how this function of revenge played out theatrically and implicates the spectator as bystander and witness. We conclude by reflecting upon the implications of listening to male perpetrators speak against sexual violence against women and our responsibility towards these questions as feminist legal academics.

Introduction

2019 ◽  
pp. 1-32
Author(s):  
Traci C. West
Keyword(s):  
South Africa ◽  
Sexual Violence ◽  
Violence Against Women ◽  
American History ◽  
Gender Violence ◽  
Narrative Approach ◽  
History Of ◽  
Interdisciplinary Framework ◽  
Theoretical Foundations ◽  
The U.S

This chapter presents the interdisciplinary framework of the book and its core argument linking issues of racism and religion--particularly heteropatriarchal Christianity--in the cultural support for gender violence. It argues that the conjoined presence of religion, anti-black racism, and sexual violence against women in American history of slavery and colonialism compels a similarly transnational exploration of inspiration from Africana activists and scholars to address U.S. gender violence. A methodological overview describes the book’s theoretical foundations in feminist and womanist studies, and how tools of ethnography, anthropology, and Christian theo-ethics inform the its unconventional narrative approach. The U.S.-based analysis features snapshots of the author’s encounters with leaders and their contexts, not a broad survey or comparison of gender violence in Ghana, South Africa, and Brazil.

scholarly journals Violence against women, Espírito Santo, Brazil

2017 ◽  
Vol 51 (0) ◽  
Author(s):  
Franciele Marabotti Costa Leite ◽  
Maria Helena Costa Amorim ◽  
Fernando C Wehrmeister ◽  
Denise Petrucci Gigante
Keyword(s):  
Primary Care ◽  
Intimate Partner Violence ◽  
Sexual Violence ◽  
Violence Against Women ◽  
Partner Violence ◽  
Intimate Partner ◽  
Maternal History ◽  
Care Services ◽  
Primary Care Services ◽  
History Of

ABSTRACT OBJECTIVE To estimate the prevalence and factors associated with psychological, physical and sexual violence in women victims of intimate partner violence assisted in the primary care services. METHODS This is a cross-sectional study, conducted in 26 health units in Vitória, State of Espírito Santo, from March to September 2014. We interviewed 991 women aged 20-59 years. To classify the psychological, physical and sexual violence, the World Health Organization instrument on violence against women was used and a questionnaire to investigate the sociodemographic, behavioral characteristics, and the women’s family and life history was developed. The statistical analyzes used were Poisson regression, Fisher’s exact test and Chi-square. RESULTS The prevalence we observed were psychological 25.3% (95%CI 22.6–28.2); physical 9.9% (95%CI 8.1–11.9) and sexual 5.7% (95%CI 4.3–7.3). Psychological violence remained associated with education, marital status, maternal history of intimate partner violence, sexual violence in childhood and drug use, while physical assault was related to age, education, marital status and maternal history of intimate partner violence. Sexual violence occurred the most among women with low income, and victims of sexual violence in childhood. CONCLUSIONS Psychological, physical and sexual violence showed highly frequency among women assisted by primary care services. Sociodemographic and behavioral factors, personal experiences, and maternal violence influence the phenomenon.

Manners of Imagining the real

1994 ◽  
Vol 19 (04) ◽  
pp. 995-1022 ◽  
Author(s):  
Kim Lane Scheppele
Keyword(s):  
Sexual Violence ◽  
Supreme Court ◽  
Violence Against Women ◽  
The Real ◽  
The Supreme Court

What counts as evidence? What is accepted as true in court given the evidence admitted? How are subordinated peoples further oppressed in courts because they cannot demonstrate that their experience is fact? Drawing on the confirmation brings for Clarence Thomas as Associate Justice of the Supreme Court and the testimony of Anita Hill in those hearings, the author explores the ways in which representations of sexual violence against women can be seen as not “real.”

scholarly journals Commentary on Papers Delivered on the Supreme Court of Canada and the Law of Obligations

1969 ◽  
pp. 160
Author(s):  
D. C. McDonald
Keyword(s):  
Supreme Court ◽  
Civil Code ◽  
Supreme Court Of Canada ◽  
Privy Council ◽  
Appellate Courts ◽  
Trial Judge ◽  
The Supreme Court ◽  
The Law ◽  
The Cost

The speaker noted that the Hon. Emmett Hall, for whom he was substituting, had had experience as trial judge, quality he considers desirable in the appellate courts. He then commented on some of the very early cases of the S.C.C., before proceeding to discussion of Dean Friaman's paper. The speaker discussed aspects in the development of the law relating to trespassers and occupier's liability. He was of the opinion that the S.C.C. was not as mechanistic in its approach to the law of tort as Dean Fridman thought it to be. In commenting on Dr. Beaudoin's presentation, Mr. Justice McDonald noted that the blame for the lack of weight given to French decisions in matters concerning the Quebec Civil Code droit de delits should not be attributed to the S.C.C. but to the Privy Council. In concluding, His Lordship observed that the process of applying for have to appeal to the S.C.C. deserves further study, since the present requirement that the Court dispose of applications for leave which are not accompanied by an oral submis sion increases the cost of appeal particularly for Western cases.

scholarly journals Growing Pains and Other Things: The Supreme Court of Canada and the Supreme Court of the United States

2019 ◽  
Vol 17 (4) ◽  
pp. 753-796
Author(s):  
Edward G. Hudon
Keyword(s):  
United States ◽  
Supreme Court ◽  
The United States ◽  
Supreme Court Of Canada ◽  
Supreme Courts ◽  
Starting Point ◽  
Growing Pains ◽  
The Supreme Court ◽  
History Of

This article is in part a book review and in part a study of two institutions. In it, the author compares the origin and growth of the Supreme Court of Canada and of the Supreme Court of the United States. He uses Professors James G. Snell and Frederick Vaughan's The Supreme Court of Canada: History of the Institution as a starting point, and he compares various aspects of the two Supreme Courts. He points out similarities in the problems that the two have confronted since the beginning, and he indicates the manner in which these problems have been resolved by each.

scholarly journals L'effectivité des décisions de justice en droit public interne [constitutionnel]

2005 ◽  
Vol 26 (4) ◽  
pp. 995-1003
Author(s):  
Louis-Philippe Pigeon
Keyword(s):  
Supreme Court ◽  
Public Law ◽  
Supreme Court Of Canada ◽  
Public Authorities ◽  
Canadian Charter ◽  
Judicial Decisions ◽  
The Supreme Court ◽  
High Degree ◽  
Political Character ◽  
Limited Scope

In practice, no question ever arises respecting the effectiveness of judicial decisions in matters of public law. Whether or not a judgment is technically executory is of no importance. There is such a high degree of respect for the decisions of the courts, specially those of the Supreme Court of Canada, that public authorities practically never feel free to seek a way out of compliance with a judicial pronouncement. Remedial powers of the courts are entrenched under the Canadian Charter of Rights and Freedoms and the Constitution is declared to be the supreme law of Canada. There is thus very limited scope for governmental action in defiance of court orders. The only specific provision for such action appears to be a section of the Extradition Act authorizing the Minister of Justice to refuse to surrender a fugitive if he determines that the latter's offence is of a political character.

scholarly journals R. V. SHARPE AND THE DEFENCE OF ARTISTIC MERIT

2011 ◽  
Vol 12 (1, 2 & 3) ◽  
pp. 2001
Author(s):  
June Ross
Keyword(s):  
Supreme Court ◽  
Child Pornography ◽  
Criminal Code ◽  
Supreme Court Of Canada ◽  
Legal Proceedings ◽  
Judicial Decisions ◽  
The Supreme Court ◽  
Artistic Merit ◽  
The Impact

The impact of judicial decisions is sometimes most significant and most controversial in relation to matters that were not at the forefront in the legal proceedings. The decision in R. v. Sharpe1 may be such a case. In this decision, the Supreme Court of Canada upheld, with minor qualifications, the offence of private possession of child pornography under section 163.1 of the Criminal Code.2 The case was argued and resolved largely as an issue of privacy — could the prohibition on child pornography extend to private possession, while remaining within constitutional limits?

Explaining Dissent on the Supreme Court of Canada

2011 ◽  
Vol 44 (2) ◽  
pp. 389-409 ◽  
Author(s):  
Donald R Songer ◽  
John Szmer ◽  
Susan W Johnson
Keyword(s):  
Nous Avons ◽  
Supreme Court ◽  
Leadership Style ◽  
Empirical Studies ◽  
Political Conflict ◽  
Extensive Literature ◽  
Supreme Court Of Canada ◽  
Appellate Courts ◽  
The Supreme Court ◽  
The Us

Abstract.While there is an extensive literature on the causes of dissensus on appellate courts in the US, few empirical studies exist of the causes of dissent in Canadian Supreme Court. The current study seeks to close that gap in the literature, proposing and then testing what we call a Canadian model of dissent. We find that the likelihood of dissent is strongly related to four broad factors that appear to exert independent influence on whether the Court is consensual or divided: political conflict, institutional structure, legal ambiguity in the law and variations in the leadership style of the chief justice.Résumé.Les causes de dissension dans les cours d'appel aux États-Unis font l'objet de nombreux articles et publications, mais il existe très peu d'études empiriques sur les causes de dissidence à la Cour suprême du Canada. La présente étude vise à combler cette lacune en proposant, un modèle canadien de dissension, puis en le mettant à l'épreuve. Nous avons constaté que le risque de dissension est fortement lié à quatre facteurs genéraux qui semblent exercer une influence indépendante, que la Cour soit en accord ou divisée. Ces facteurs sont le conflit politique, la structure institutionnelle, la présence d'une ambiguité juridique dans la loi et le style de direction du juge en chef.

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