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During the 1900s eugenics gained favour as a means of controlling the birth rate among “undesirable” populations in Canada. Though many people were targeted, the coercive sterilization of one group has gone largely unnoticed. An Act of Genocide unpacks long-buried archival evidence to begin documenting the forced sterilization of Aboriginal women in Canada. Grounding this evidence within the context of colonialism, the oppression of women and the denial of Indigenous sovereignty, Karen Stote argues that this coercive sterilization must be considered in relation to the larger goals of Indian policy — to gain access to Indigenous lands and resources while reducing the numbers of those to whom the federal government has obligations. Stote also contends that, in accordance with the original meaning of the term, this sterilization should be understood as an act of genocide, and she explores the ways Canada has managed to avoid this charge. This lucid, engaging book explicitly challenges Canadians to take up their responsibilities as treaty partners, to reconsider their history and to hold their government to account for its treatment of Indigenous peoples.
When the Supreme Court of Canada makes a decision that invalidates a statute, it creates a constitutional moment. But does that have a direct and observable impact on public policy? Constraining the Court explores what happens when a statute involving a significant public policy issue – French language rights in Quebec, supervised consumption sites, abortion, or medical assistance in dying – is declared unconstitutional. James B. Kelly examines the conditions under which Parliament or provincial/territorial legislatures attempt to contain the policy impact of judicial invalidation and engage in non-compliance without invoking the notwithstanding clause. He considers the importance of the issue, the unpopularity of a judicial decision, the limited reach of a negative rights instrument such as the Charter, the context of federalism, and the mixture of public and private action behind any legislative response. While the Supreme Court’s importance cannot be denied, this rigorous analysis convincingly concludes that a judicial decision does not necessarily determine a policy outcome.
This book is an authoritative history of the Federal Court of Canada. The judges' work in various areas of substantive law provides illustrations of the functioning of the Court in the adjudication of disputes.
Debating Hate Crime examines the language and argumentation used by parliamentarians, senators, and committee witnesses to debate Canada’s “hate-crime” laws. These lively, and at times raucous, legislative debates and committee hearings reveal much about party politics, public policy, and social issues of the day, including citizenship, nationhood, and Canadian values. Drawing on discourse analysis, semiotics, and critical psychoanalysis, Allyson Lunny explores how the tropes, metaphors, and other linguistic signifiers used in these debates expose the particular concerns, trepidations, and anxieties of Canadian lawmakers and the expert witnesses called before their committees. In so doing, Lunny reveals and interrogates the meaning and social signification of the endorsement of, and resistance to, hate law. The result is a rich historical and analytical account of some of Canada’s most passionate public debates on victimization, rightful citizenship, social threat, and moral erosion.
A union list of serials commencing publication after Dec. 31, 1949.
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