CJWLCanadian Journal of Women and the Law
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165) Elizabeth A Sheehy, "Causation, Common Sense, and the Common Law: Replacing Unexamined Assumptions with What We Know about Male Violence against Women or from Jane Doe to Bonnie Mooney" (2005) 17 CJWL 87 at 94.
See also the critique of this decision by Hester Lessard, "Mothers, Fathers, and Naming: Reflections on the Law Equality framework and Trociuk v British Columbia (Attorney General)" (2004) 16 CJWL 165.
See generally Mary Kinnear, "'That There Woman Lawyer': Women Lawyers in Manitoba 1915-1970"(1992) 5:1 CJWL 411 at 424.
See also Ruthy Lazar, "Negotiating Sex: The Legal Construct of Consent in Cases of Wife Rape in Ontario, Canada" (2010) 22:2 CJWL 329 at 361 [Lazar]; Jennifer Koshan, The Legal Treatment of Marital Rape and Women's Equality: An Analysis of the Canadian Experience (Ottawa: The Equality Effect, 2010) at 30.
For an alternative version of this decision that considers adverse effects discrimination on the basis of sex, see Denise Reaume, "Law v Canada" [2006] 1 WCR 147, (2006) 18 CJWL 143 at 147 (Women's Court of Canada).
See Hester Lessard, "Mothers, Fathers, and Naming: Reflections on the Law Equality Framework and Trociuk v British Columbia (Attorney General)" (2004) 16:1 CJWL 165.
In this way, social, legal, and political relations constitute the bodies and spaces of prostitution, and the bodies and spaces of prostitution secure a white, middle class, elite (Sherene Razack, "Race, Space, and Prostitution: The Making of the Bourgeois Subject" (1998) 10:2 CJWL 338 at 341-43, 346 [Razack, "Race, Space, and Prostitution"]).
Hutterian Brethren of Wilson Colony for Women's Equality and Social Justice," in Sanda Rodgers & Sheila McIntyre, eds, The Supreme Court of Canada and Social Justice: Commitment, Retrenchment or Retreat (Markham: LexisNexisCanada, 2010) 221 [Koshan & Hamilton, "Terrorism or Whatever"]; Jennifer Koshan & Jonnette Watson Hamilton, "Meaningless Mantra: Substantive Equality after Withler" (2011) 16 Rev Const Stud 31 [Koshan & Hamilton, "Meaningless Mantra"]; Jonnette Watson Hamilton and Jennifer Koshan, "The Supreme Court, Ameliorative Programs, and Disability: Not Getting It", (2012) 25 CJWL [forthcoming][Hamilton & Koshan, "Not Getting It"].
2006) 18 CJWL 321) in the Newfoundland pay equity case, Newfoundland (Treasury Board) v Newfoundland and Labrador Assn of Public and Private Employees, 2004 SCC 66, [2004] 3 SCR 381 [NAPE].
13) See Janine Benedet, "The Sexual Assault of Intoxicated Women" (2010) 22:2 CJWL 153; Janine Benedet & Isabel Grant, "R.
46) Karen Busby, "Erotic Asphyxiation, Vengeful Wives, and Other Enduring Myths in Spousal Sexual Assault Prosecutions" (2012) 24 CJWL 328 at 343.
28) See Rosemary Cairns Way, "Culpability and the Equality Value: The Legacy of the Martineau Dissent" (2003) 15:1 CJWL 53; Brian Rolfes, "The Golden Thread of Criminal Law: Moral Culpability and Sexual Assault" (1998) 61:1 Sask L Rev 87.