Volume 6, Number 1, 1987
Articles
- Battered Women: Definition, Models and Prosecutorial Policy - Anne McGillvray
Wife battering, historically and presently endemic to all societies, affects at least four in ten Canadian women. Only within the past fifteen years has professional attention been directed to defining, researching and dealing with the problem. Efforts to derive accurate models and workable policy from narrow research bases have been troubled. The need to make a normative leap regardless of limited information and professional disagreement is nowhere more apparent than in the development of appropriate prosecutorial policy to enforce criminal assault provisions against batterers. The special problems of the battered woman witness must be understood in light of the history, etiology, spoken and unspoken definitions and reform models of wife battering in order to effectively prosecute the batterer. Saskatchewan's recently adopted "no-drop" policy and the experience of working professionals illustrate the unique concerns of spousal assault.
- The Crime of Infanticide: Throwing Out the Baby With the Bathwater - Judith A. Osborne
The law has always treated the murder of an infant by the mother on a different footing than other murders. Sections 216 and 590 of the Canadian Criminal Code are a reflection of a reluctance to find the mother guilty of murder; in part, they are based on a medical rationale. Now, the Law Reform Commission of Canada and the Butler Committee has proposed abolishing sections 216 and 590. The author agrees that the abolishment of Canada's infanticide provisions has an "appealing logic," but after reviewing the history of the crime of infanticide and the legal responses to it, comes to the conclusion that there must be a concomitant change in how society views female criminality if the Commission's recommendations are to succeed.
Alternate Dispute Resolution of Child Protection Cases - Joanne Wildgoose
Regulating the Poor in Ontario: From Police Courts to Family Courts - Dorothy E. Chunn
La succession et la famille: Réflections sur l'évolution des structures sociales, des valeurs fondamentales et le droit civil - Katherine Connell-Thouez
Review of Periodical Literature
- Bruce Ziff: "Marriage and Divorce" (1986) 18 Ottawa L.R. - Linda Dear
- Keith B. Farquhar: "Variation and Enforcement of Maintenance Orders: Ruttan Revisited" (1986) 64 Canadian Bar Review - Ron Woodland
- John Pratt: "Diversion From the Juvenile Court" (1986) 26 British Journal of Criminology - Georgialee Williams
- Michael N. Salveson: "Sexism and the Common Law: Spousal Rape in Virginia" (1986) 8 George Mason University L.R. - Don P. Hall
- Jeffrey A. Shapiro: "The Inadequate Police Protection of Battered Wives: Can a City and its Police Be Held Liable Under the Equal Protection Clause?"(1986) 14 Fordham Urban L.J. - Diana Breti
- Judith S. Landry: "Homosexuality and the Custodial Parent in Virginia - The Effects of Roe v. Roe"(1986) 8 George Mason University L.R. - B. Fogelberg
In The Family Courts
- McIntyre v. McIntyre
- W. v. W.
- Martocq v. Martocq
- Waksman v. Waksman
- Alter v. Alter
- The Queen v. Michael Stanley M.
Casenotes and Comments
- Reforms in the Field of Adult Guardianship Law: A Comment on Recent Developments - Robert Gordon, Simon N. Verdun-Jones and Donald J. MacDougall.
- Career Assets: Spousal Interest in Professional Degree - Elaine S. McKenna Jay
Book Reviews
- Allistar Bissett-Johnson and David C. Day, The New Divorce Law 1986. (Toronto: Carswell, 1986) - Gerald Lecovin
- The Law Reform Commission of British Columbia, Report on Spousal Agreements. (Victoria: Ministry of A.G., 1986) - Georgialee Williams
- Thomas G. Anderson and Michael Karton, Family Property: A Study Paper Prepared for the Law Reform Commission of British Columbia. (Victoria: Ministry of A.G., 1986) - Donald S. Moir