YEAR/ANNÉE 1997
“Act Violates Homosexual Rights, Court
Says: Judge Orders Ontario to Alter
Insurance Legislation after Ruling
Lesbian Should Get Spousal Death Benefit.”
Globe
and Mail [Metro ed.], October 3, 1997, pp. A1, A8.
Kelly
Kane case.
Banks, N. Kathleen (Sam).
“The ‘Homosexual Panic’ Defence in
Canadian Criminal Law.”
(Jan.
1997) 1 C. R. (5th) 371-381.
In
this citation, C.R. (5th) is Criminal Reports (Fifth Series).
“BC Passes Legislation Redefining Term
‘Spouse’.” Globe and Mail [Metro ed.],
July 23, 1997, p. A3.
Chamberland, Line.
“De la répression à la tolérance:
l’homosexualité.” Cap-aux-Diamants
[Québec]
49
(printemps 1997): 36-39.
“Evolution
des discours religieux et juridique au Canada et au
Québec
depuis le 17e siècle” – Repère résumé.
Chaplick, Nancy D.
“An
Update on Employment Benefits for Same-Sex Spouses.” Canadian Labour
and
Employment Law Journal 5(1997): 321-340.
Conrod, Monique.
“Don’t
Ask – Don’t Tell?” Lawyers Weekly
17(9) (July 1997): 1 (2).
Concerns
gay law students and prospective employers.
Cossman, Brenda, et al.
Bad
Attitude/s on Trial: Pornography, Feminism, and the Butler Decision.
Toronto: University
of Toronto Press, 1997.
Broader
than scope of bibliography, but some relevant material;
R
v. Butler,
1992.
Findlay, Barbara.
“All in the Family Values.” Canadian Journal of Family Law 14
(1997): 129-196.
Fraser, Laura.
“Rights
without Meaning: Failing to Give Effect to the Purpose of Section 15(1)
[of
the Canadian Charter of Rights and Freedoms].”
Dalhousie Journal of
Legal
Studies 6(1997): 347-360.
Concerns gay couples, sex
discrimination, etc.
“Gay and Lesbian Legal Issues and HIV/AIDS: A
Discussion Paper.”
Canadian
HIV AIDS Policy & Law Newsletter 3(4)/4(1) (Winter 1997/98): 6-9.
French-language version also on pp.
6-9 of this issue.
Giuliani, Maureen Ann.
“Lesbians’
Experiences of Human Rights Violations: A Global Perspective.”
MA
thesis, University
of Toronto, 1997.
(131
p.)
Greer, A.; Barbaree, H.; and Brown, C.
“
Comparison,
pp. 169-177. Edited by D. J. West and R.
Green.
Plenum,
1997.
Ref.:
Cornelson article, Canadian Journal of Human Sexuality 7(3)
(1998):
271.
Herman, Didi.
“The Good, the Bad, and the Smugly: Sexual Orientation and Perspectives on
the Charter.” In Charting the Consequences: The Impact of Charter Rights
on Canadian Law and Politics, pp. [200]-217. Edited by David
Schneiderman and Kate Sutherland. Toronto: University of Toronto
Press, c1997.
This article, according to footnote, p. 200, was written in 1993 and
appeared [with slightly different subtitle] in Oxford Journal of
Legal Studies 14(1994): 589-604, citation of which is listed
elsewhere in this bibliography in LAW – YEAR 1994 section.
Jacob, Marie-Claude.
“La
médecine du désir.” LL.M. thesis,
Université Laval, 1997.
(116 p.)
Broader
than scope of this bibliography, but includes consideration
of
transsexual surgery.
“Kane Finally Wins.” Herizons 11(4) (Fall 1997): 14.
against
lesbian couples. Robin Black, Kelly
Kane’s partner, was killed
in
an accident.
Khullar, Ritu.
“Vriend:
Remedial Issues for Unremedied Discrimination [
National
Journal of Constitutional Law 7 (Feb. 1997): 221-246.
Concerns
the Delwyn Vriend case; relevant statute: Canadian
Charter
of Rights and Freedoms.
McCarthy, Martha.
“M.
v. H. Will Be Definitive Same-Sex Family Law Case.” Lawyers
Weekly
17(11) (July 1997): 12.
Millbank, J.
“Lesbians,
Child Custody, and the Long Lingering Gaze of the Law.”
In
Challenging the Public/Private Divide: Feminism, Law, and Public
Policy,
pp. 280-303. Edited by Susan B.
Boyd. Toronto: University of
Toronto
Press, c1997.
Millbank, J.
“Which,
Then, Would Be the ‘Husband’ and Which the ‘Wife’? : Some
Introductory
Thoughts on Contesting ‘the Family’ in Court.”
In
Sexual Orientation and the Law: Proceedings of the Sexual Orientation
and
the Law Conference Held at Murdoch
University, pp.
77-88.
Murdoch,
Prevention
of Ethnic Conflict, 1997.
“Focuses
on a number of cases concerning family claims by gays
and
lesbians….Examples from Australian case law are used to draw
links
with developments in cases, mostly from
Gay
& Lesbian Abstracts.
Mucalov, Janice.
“Failure
to Ask Clients If They Are Gay, Lesbian May Amount to Negligence,
Warns
Lawyer.” Lawyers Weekly 17(9)
(July 1997): 12.
Nicholson, A.
“The
Changing Concept of Family: The Significance of Recognition and
Protection.” Australasian Gay and Lesbian Law Journal
6
(March
1997): 13-29.
Includes
“an assessment of case law in
The
situations faced by homosexual applicants in some family
law
cases are examined and examples from case law in
are
described. Comparisons are made with
Law
Act” –NISC Gay & Lesbian Abstracts.
“Questions juridiques concernant les
gais et lesbiennes et le VIH/sida: un
document de travail.” Canadian HIV AIDS Policy & Law
Newsletter 3(4)/4(1)
(Winter
1997/98): 6-9.
English
version in same issue, pp. 6-8.
Ranot, Steve.
“The
Income Tax Act Comes Out of the Closet.”
Money and Family Law 12
(Feb.
1997): 12-13.
Ross, Becki L.
“ ‘It’s Merely Designed for Sexual Arousal’: Interrogating the Indefensibility of
Lesbian Smut.” In Bad Attitude/s on Trial: Pornography, Feminism, and the
‘Butler’ Decision, pp. 152-198. By Brenda Cossman, Shannon Bell, Lise Gotell,
and Becki L. Ross. Toronto: University of Toronto Press, 1997.
Sandor, D.
“Same-Sex
Couples Can Adopt in Ontario: The Canadian Case of Re K and
Its
Significance to Australian Family Law.” Australian
Journal of
Family
Law 11(1) (Mar. 1997): 23-54.
Sexual Orientation Casebook.
Vancouver: Canadian Human Rights Reporter, c1997.
(ca.
200 p.; ISBN 0968270050)
Reprint
of materials originally published in Canadian Human Rights
Reporter.
Sexual Orientation Cases.
[1997?]
Electronic document, available as of January 9, 2003, at
www.islandnet.com/~egale/legal/cases.htm , the EGALE web site.
Below title: “The following (non-exhaustive) case listing
was prepared by the Research Branch of the Library of Parliament,
at the request of Svend Robinson, MP.”
Document length equivalent to ca. 15 printed pages and provides
citations to ca. 146 cases under the following headings:
Age of Consent to Sexual Activity;
Customs;
Dangerous Sexual Offender;
Discrimination in Employment, Services and
Accommodation;
Family Law;
Hate-Motivated Crime;
Hate Propaganda;
Immigration and Refugee;
Same-Sex Benefits;
Other.
Latest
date appearing in list seems to be December 1996.
Vallières, Alain, 1961-
“L’évolution de la situation
juridique des homosexuels en droit canadien
fédéral
et provincial.” LL.M. thesis, Université
de Montréal, 1997.
Vassal, Anne, et al.
Gay
and Lesbian Legal Issues and HIV/AIDS: A Discussion Paper.
Prepared
for the Canadian HIV/AIDS Legal Network and the Canadian
AIDS Society. Montreal:
Canadian HIV/AIDS Legal Network, 1997.
(ca.
185 p.; ISBN 189673510X)
Wintemute, Robert.
Sexual
Orientation and Human Rights: The
the
European Convention, and the Canadian Charter. 1st paperback ed., with
corrections;
Oxford: Clarendon Press;
1997.
(292
p.; ISBN 0198259727)
Appears
also to have been issued earlier, in 1995.