Matter Commented on: National Day of Remembrance and Action on Violence Against Women

PDF Version: Commemorating the National Day of Remembrance and Action on Violence Against Women

December 6 is the National Day of Remembrance and Action on Violence Against Women in Canada. This date marks the anniversary of the murders of fourteen women at the École Polytechnique massacre in Montreal. A memorial service is being held at the University today, and people may also wish to visit the moving sculpture by artist Teresa Posyniak, Lest We Forget, in the Faculty of Law across from the law library.

ABlawg has published several posts on gender-based violence this year, which we have gathered below. These posts analyze the treatment of gender-based violence by the courts and legislatures, in criminal, constitutional and other contexts, drawing to attention those bodies’ varying levels of understanding of and commitment to preventing violence. It is worth noting that the Inquiry Committee of the Canadian Judicial Council into the conduct of Justice Robin Camp recently stated as follows with respect to the role of judges in cases involving gender-based violence:

The Intervener Coalition submitted that, conceptually, the reasonable person “must include the perspective of survivors of sexual assault, and marginalized women generally, as they are entitled to a judiciary that rejects sexual myths and stereotypes and understands and respects equality.” We agree. A judge performs a unique role in society and his or her capacity to continue in the execution of that role cannot be judged without regard to the perspective of those who would most likely be affected by the Judge remaining in office.  That is not to say that such a perspective is the sole or the dominant one in evaluating public confidence, but it is one that should be included, and must be understood. (at para 252)

With that in mind, we encourage our readers to reflect on the various approaches to gender-based violence captured here:

Erin Sheley, The Constitutional Limits of the Sex Offender Registry

Drew Yewchuk, Myths, Stereotypes, and Credibility in Sexual Offence Trials

Stephen Armstrong, Taking Proportionality Seriously in Charter Adjudication: R v KRJ

Drew Yewchuk, Ostensible Consent: Reality and Legal Reality Case

Jennifer Koshan, Excluding Mere Intimate Relationships: The Alberta Court of Appeal Interprets the Protection Against Family Violence Act

Joshua Sealy-Harrington, Mastery or Misogyny? The Ghomeshi Judgment and Sexual Assault Reform

Alice Woolley, What Ought Crown Counsel to do in Prosecuting Sexual Assault Charges? Some Post-Ghomeshi Reflections

Jennifer Koshan, Costs Not Appropriate in Protection Against Family Violence Act Litigation

Alysia Wright, Access to Legal Services in Women’s Shelters

Jennifer Koshan, Reflections on Week One of the Ghomeshi Trial

Jennifer Koshan, Sexual Assault and Choking – Making Sense of the Legal Consequences