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This article reviews the book, "Equality Deferred: Sex Discrimination and British Columbia’s Human Rights State, 1953–1984," by Dominique Clément.
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The dominant story of matrimonial property law reform in English Canada treats the farming family case of Murdoch v. Murdoch as the great catalyst for change, but there are persistent inequalities affecting farm women, even in provinces that have made progressive changes in the law of relationship breakdown. The farm is the quintessential family business and is both place of residence and source of income. Since the farm is not readily divisible, it is not surprising that all the major marital property law cases to reach the Supreme Court of Canada have involved farm property. What is surprising is that most provincial property reforms, though inspired by the Murdoch case, explicitly exclude farms from division, and those that include farms in the property to be divided still have mechanisms that tend to favour husbands. This article examines Canadian courts’ gendered conceptualization of what constitutes a family business by examining the cases on farm property and the related legislative reforms. Feminists, and all women who have benefited from matrimonial property law reform, have an obligation to recognize the problems created by our persistent failure to understand the farm as simultaneously home and place of business.
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Drawing on engaging case studies, Essays in History of Canadian Law brings the law to life. The contributors to this collection provide rich historical and social context for each case, unravelling the process of legal decision-making and explaining the impact of the law on the people involved in legal disputes. Examining the law not simply as legislation and institutions, but as discourse, practice, symbols, rhetoric, and language, the chapters show the law as both oppressive and constraining and as a point of contention and means of resistance. This collection presents new approaches and concerns, as well as re-examinations of existing themes with new evidence and modes of storytelling. Contributors cover many thematic areas, from criminal to labour, civil, administrative, and human rights law, spanning English and French Canada, and ranging from the mid-eighteenth century to the late twentieth century. The legal cases vary from precedent-setting cases to lesser-known ones, from those driven by one woman’s quest for personal justice to others in which state actors dominate. Bringing to light how the people embroiled in these cases interacted with the legal system, the book reveals the ramifications of a legal system characterized by multiple layers of inequality. -- Publisher's description
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