Volume 22, Number 1, 2005
Article
- The Children’s Rights Movement: Infusions of Feminism - Fiona E. Raitt
This paper explores aspects of the relationship between the children's rights movement and the feminist movement. In the last 15 years throughout the common law world increasing attention has been given to the status of the child in the legal process. Children's rights organisations in many countries have played a prominent part in campaigning for law reform and their activities have been accompanied by the emergence of a new academic discipline - childhood studies. The evolution of the children's rights movement has familiar resonances with that of the feminist movement, particularly in the emphasis placed on "voice" and participation. Given the obvious mutuality of interests between women and children there is a curious lack of debate within the less established children's rights movement about these resonances. The paper suggests that despite the absence of such a debate, feminist ideals and strategies appear to inform and underpin much of the philosophy infusing children's rights discourses.
Case Comment
- A Different View of Nova Scotia (Attorney-General) v. Walsh - James T. McClary
The author reviews the 2002 decision of Walsh v. Bona, which decided that unmarried cohabitants were not discriminated against by exclusion from Nova Scotia's matrimonial property legislation. Although this decision has been criticized for its apparent preference of formal distinctions over the functionalist approach taken in recent family law decisions, the author argues that the decision was more progressive than many people are willing to accept. The departure from prior jurisprudence can be understood as setting the stage for a strong statement in support of same-sex marriage. The decision accordingly reflects a progressive, and coherent, vision of the institution of marriage.
Allan Falconer Memorial Student Essay Contest Winner
- Deserving of Further Attention: A Case Streaming Approach to Child Custody and Access in the Context of Spousal Violence - Kathy Lynn Grant
Book Review
- Mary Jane Mossman, Families and the Law in Canada: Cases and Commentary (Toronto: Emond-Montgomery Pubs, 2004). - Gillian Calder