Table des matières
Part I
Claire L’Heureux-Dubé
Foreword. Still Punished for Being FemaleElizabeth A Sheehy
1. The Victories of Jane DoeJulia Tolmie
3. New Zealand’s Jane DoeLaura Robinson
4. Hockey Night in CanadaTracey Lindberg, Priscilla Campeau et Maria Campbell
5. Indigenous Women and Sexual Assault in Canada- Home: Where We Are
- Home: Where We Are Not
- Approach
- SPRING
- Case 1
- Relevant Facts
- What Is Not Relevant
- Critical Indigenous Analysis
- SUMMER
- Case 2
- Relevant Facts
- What Is Not Relevant
- Critical Indigenous Analysis
- AUTUMN
- Case 3
- Relevant Facts
- What Is Not Relevant
- Critical Indigenous Analysis
- WINTER
- Case 4
- Relevant Facts
- What Is Not Relevant
- Critical Indigenous Analysis
- CONCLUSION
- These Are Relevant Facts
- These Too Are Relevant Facts
Lucinda Vandervort
6. Lawful Subversion of the Criminal Justice Process? Judicial, Prosecutorial, and Police Discretion in Edmondson, Kindrat, and Brown- THE ESSENTIAL FACTS OF THE CASE
- THE LEGAL PROCEEDINGS
- UNREASONABLE VERDICT ON THE EVIDENCE?
- TWO THEORIES AND ONE CONCLUSION
- INEQUALITIES BASED ON RACE, GENDER, AND AGE
- REMEDIAL ACTION ON MULTIPLE LEVELS
- COLLECT AND PRESERVE EVIDENCE
- AVOID DELAY, STREAMLINE PROCESS
- SUBVERSIVE IMPACT OF THE CASE
- ACCESSIBLE REASONS FOR DECISION
- JURY TRIALS AND PUBLIC LEGAL EDUCATION
- SYSTEMIC REMEDIES
- Recommendation 1
- Recommendation 2
- Recommendation 3
- CONCLUSION
Sheila McIntyre
7. The Supreme Court of Canada’s Betrayal of Residential School Survivors: Ignorance is No ExcuseTeresa DuBois
9. Police Investigation of Sexual Assault Complaints: How Far Have We Come Since Jane Doe?A Blair Crew
10. Striking Back: The Viability of a Civil Action Against the Police for the “Wrongful Unfounding” of Reported Rapes- THE TORT OF NEGLIGENT INVESTIGATION
- A Duty of Care
- (1) Foreseeability
- (2) Proximity
- (3) Policy Reasons to Negate the Duty of Care
- The standard of care
- Damages: Convincing the Court of Compensable Harm
- Causation
- Summary on an action for Negligence for Wrongful Unfounding
- Characterizing Wrongful Unfounding as a Negligent Failure to Warn
- EQUALITY CLAIM UNDER THE CHARTER
- (1) Evidence that cases have been “wrongfully unfounded”
- (2) Evidence that “wrongfully unfounding” is widespread and systematic
- (3) Evidence that the police hold sexist, stereotypical views, and that these beliefs continue to inform investigations
- (4) Resulting investigations are incompetent, or are not conducted at all
- (5) Disproportionate impacts on women
- (6) Resulting in a denial of equal protection of the law
- Withholding a benefit
- Imposition of burden
- Attitudinal harm
- Remedies
- Charter claims and access to justice
- CONCLUSION
Meagan Johnston
12. Sisterhood Will Get Ya: Anti-rape Activism and the Criminal Justice System- LEGAL PLURALISM & CREATIVE LEGAL SUBJECTS: FRAMING THE SISTERHOOD
- SKETCHING THE LEGAL ORDERS
- 1. Substantive rules
- (a) What is rape?
- (b) What is the legal order’s threshold for recognizing that a rape has occurred?
- (c) Who can be raped?
- (d) Who does rape affect?
- 2. Procedural rules
- (a) How does the legal order recognize a rape?
- (b) Who decides whether or not a rape has occurred?
- (c) What rules decide whether or not a rape has occurred?
- 3. Fundamental Principles
- (a) Objectivity/subjectivity
- (b) The appropriate site to address rape
- (c) Justice in the context of rape
- 4. Evaluating the Legal Orders
- (a) Substantive rules
- (b) Procedural rules
- (c) Fundamental principles
- MAPPING THE RELATIONSHIP: COLLABORATION, TENSION, COMPLICITY
- 1. Collaboration
- 2. (Positive) tension?
- CONCLUSION
Diana Yaros
13. Where Has All The Anger Gone?Gillian Calder et Rebecca Johnson
15. The Jane Doe Coffee-Table Book About Rape: Reflections on Rebellious Writing and TeachingPart II
Sunny Marriner
18. Questioning “Expert” Knowledges- PART I
- Who Gets to be the Expert?
- “Historically, the demeaning of women is an essential part of psychotherapy theory”
- That Was Then, This is Now
- Enter the Theorists
- PART II
- Law and the Psy-Disciplines: Mutually Reinforcing Propositions?
- Locating the Expert
- Hidden Survivors
- (1) Conditions
- (2) Psy-legal Power, Light on the Legal
- Summary
- PART III
- The VAW Movement: The Slippery Slope of the Quest for Recognition
- Enter the Credentialed
- That Was Then, This Is Now (Redux)
- CONCLUSION
Sanda Rodgers
19. Zero Tolerance Some of the Time? Doctors and Sexual Abuse in Ontario- I. BARRIERS TO COMPLAINTS OF SEXUAL MISCONDUCT
- II. BARRIERS TO GETTING HEARD BY THE DISCIPLINE COMMITTEE
- III. DISCIPLINE COMMITTEE DECISIONS 1993–2005
- Requiring Corroboration
- Forms of Corroboration
- Avoiding the Provisions of the Legislation
- Criminalizing the Disciplinary Process: The Standard of Proof
- IV. THE USE OF PSYCHIATRIC EVIDENCE: PATHOLOGIZING THE COMPLAINANT, EXCULPATING THE PHYSICIAN
- CONCLUSION
Elizabeth A Sheehy
20. Judges and the Reasonable Steps Requirement: The Judicial Stance on Perpetration Against Unconscious Women- THE NEW “REASONABLE STEPS” REQUIREMENT
- HAS THE MISTAKEN BELIEF IN CONSENT DEFENCE BEEN SUBSTANTIVELY ALTERED BY S 273.2(B)?
- MUST THE ACCUSED FIRST SHOW AN AIR OF REALITY THAT HE TOOK REASONABLE STEPS BEFORE A MISTAKE DEFENCE CAN BE CONSIDERED?
- MUST THE TRIAL JUDGE AVERT TO THE REASONABLE STEPS REQUIREMENT?
- CAN THE CROWN PROVE THAT THE COMPLAINANT WAS INCAPABLE OF CONSENT?
- CAN PHYSICAL OR SEXUAL CONTACT CONSTITUTE A REASONABLE STEP?
- DO REASONABLE STEPS REQUIRE MEN TO WAKE WOMEN UP?
- CONCLUSION
David M Tanovich
21. An Equality-Oriented Approach to the Admissibility of Similar Fact Evidence in Sexual Assault Prosecutions- PART I: INTRODUCTION
- PART II: THE FACTS OF HANDY
- PART III: AN EQUALITY-ORIENTED RULE OF ADMISSIBILITY
- ID cases
- Putative Collusion Cases
- Cases Involving Aboriginal or Racialized Accused
- PART IV: A FORMAL EQUALITY JUSTIFICATION
- PART V: THE SUBSTANTIVE EQUALITY JUSTIFICATION
- Ensuring that Sexual Assault is Treated as a Crime of Violence Not Sex
- PART VI: THE FEMINIST CRITIQUE OF A PRESUMPTIVE RULE
- PART VII: CONCLUSION
Julie Desrosiers
22. Raising the Age of Sexual Consent: Renewing Legal Moralism?Holly Johnson
24. Limits of a Criminal Justice Response: Trends in Police and Court Processing of Sexual AssaultRakhi Ruparelia
26. All That Glitters Is Not Gold: The False Promise of Victim Impact Statements- WHO IS A VICTIM?
- Victim as Status
- Victim as Label
- Social Understandings of “Victim” Status: The Ideal Victim
- The Non-Ideal Victim
- The Victim of Sexual Assault
- LEGAL UNDERSTANDINGS OF “VICTIM” STATUS: RACE AND VICTIM WORTH
- VICTIM IMPACT STATEMENTS: WHAT ARE THE BENEFITS AND WHO REAPS THEM?
- Impact on the Victim
- Input into Sentencing
- Victim Satisfaction with Criminal Justice System
- CONCLUSION
Gillian Balfour et Janice Du Mont
27. Confronting Restorative Justice in Neo-Liberal Times: Legal and Rape Narratives in Conditional Sentencing- RAPE LAW REFORM IN CANADA 1983–1992: KEY MOMENTS OF FEMINIST INSURGENCY AND ANTI-FEMINIST BACKLASH
- SENTENCING REFORMS: AT THE NEXUS OF RETRIBUTIVE AND RESTORATIVE JUSTICE
- THE STUDY AND METHODOLOGY
- FINDINGS
- Case Characteristics
- Emergent Legal and Rape Narratives
- (i) Locating the Woman
- (ii) Damaged but Responsible
- (iii) Minimizing and Managing the Risk
- (iv) “Embarrassment as Denunciation Enough” (R v KRG)
- CONCLUSIONS
Constance Backhouse
28. A Feminist Remedy for Sexual Assault: A Quest for AnswersJane Doe
Afterword
