YEAR/ANNÉE 1995
Austen,
Andrea, and Wellington,
Adrian Alex.
“Outing:
The Supposed Justifications.” Canadian
Journal of Law and
Jurisprudence 8 (Jan.
1995): 83-105.
Baker,
Kathleen, 1958-
A Legal Guide for Gay and
Lesbian Couples in
Toronto: LegalWorks Press, 1995.
(176 p.; ISBN 189612545X)
Berg, Brad.
“Fumbling
towards Equality: Promise and Peril in Egan.”
National Journal of
Constitutional Law 5 (June 1995): 263-278.
Blackburn,
Althea Louise.
“Fighting for the ‘Family’
Name: A Socio-Legal Analysis of the
Canadian Response to Same-Sex
Families in the Charter Era.”
MA thesis, Queen’s University,
1995.
(105 p.)
James
Egan and John Norris Nesbit v. Her Majesty the Queen in Right of
Commission, Commission des droits de la
personne du Québec, Equality
for Gays and Lesbians
Everywhere, Metropolitan
Community Church
of Toronto, Inter-Faith Coalition on Marriage
and the Family and Canadian
Labour
Congress: coram: the Rt. Hon Antonio Lamer, P.C.,…[et al.].
Ottawa, Ont.: Supreme Court of
(1 vol., various pagings)
Ref.: AMICUS catalogue record no.
15088428.
Note:
“23636”
Appeal heard November 1, 1994; judgment rendered May 25, 1995.
See elsewhere in LAW section for additional references to this case, which
concerns pension rights for gay couples.
Deschatelets,
Gilles.
“Couples
homosexuels: mêmes devoirs, mêmes droits.”
VO: le magazine
de Vie ouvrière 257
(nov.-déc. 1995): 7-8.
Dufour,
Claude.
“Comparative Analysis of Gay
and Lesbian Rights Movements in
the
(280 p.)
“Egan v.
James G. McLeod in English
(203-205) and in French (208-210).
Supreme Court of
In English and
French. R.F.L. (4th) is Reports
of Family Law (Fourth
Series)
Family Law Issues for Same-Sex Couples: New Solutions for New Problems.
Toronto: Canadian Institute, 1995.
Ref.: AMICUS catalogue record no. 23606607, which assigns
descriptors
concerning legal status of gay couples in
Fisher, John.
“Index
on Same-Sex Rights.” Canadian Forum
73 (836) [74(836)]
(Jan./Feb. 1995): 48.
Green,
Leslie.
“Sexuality,
Authenticity, and Modernity.” Canadian
Journal of Law
and Jurisprudence 8
(Jan. 1995): 67-82.
Homosexuality;
Charles Taylor; authenticity/philosophy.
Hays,
Matthew.
“The Cop Factor: What Is the
Point of the Federal Government’s Hate Crimes
Bill If Gays and Cops Can’t
Talk? In Montreal, a Series of Unsolved
Murders and a History of Police
Violence Makes the Question More Pressing
Than Ever.” This Magazine 28(6) (February 1995):
26-30 (3088 words).
Herman, Didi,
and Stychin, Carl, eds.
Legal Inversions: Lesbians,
Gay Men and the Politics of Law.
Philadelphia,
(223 p.; ISBN 1566393760;
1566393779)
Stychin educated in
Chief Justice of
Reviews: Margaret
Hillyard Little, Review of Constitutional Studies
4 (1998): 379-380,
and Kathleen A. Lahey, Queen’s Law Journal 22
(Spring 1997):
549-554.
Hunt, Gerald.
“Situating Sexual Orientation on the Diversity Agenda: Recent Legal, Social, and
Economic Developments.” In Understanding Diversity: Readings, Cases, and
Exercises, pp. 149-158. Edited by Carol P. Harvey and M. June Allard.
Degree of Canadian content not determined, but author, at Ryerson
University, Toronto, often writes from a Canadian perspective.
Kendall,
Christopher, and Eyolfson, Brian.
“
‘One in Ten’ but Who’s Counting?: Lesbians, Gay Men and Employment
Equity [
LeFebour, Patricia, and Rodrigues,
Michael.
Estate Planning for Same-Sex Couples. Toronto: Canadian Bar Association
[
Ref.: Lahey, Are We ‘Persons’ Yet?, p. 430, ftnt. 2.
“M v.
H.” (Apr. 1995) 9 R.F.L. (4th)
94-107, with annotation by
James G. McLeod, 95-98.
Ontario Court of
Justice (General Division): heard Sept. 7 and 8, 1994;
judgment Sept. 13,
1994. R.F.L. (4th) is Reports
of Family Law (Fourth
Series).
MacDougall,
Bruce.
“Outing:
The Law Reacts to Speech about Homosexuality.”
Queen’s Law Journal 21
(Fall 1995): 79-124.
“Mixed
Messages on Pensions and Payments: The High Court Rules on Family
Issues.” Maclean’s [Toronto ed.], June 5, 1995, pp. 30-31 (1615 words).
Mohr, Richard
D.
“The Perils of Postmodernity
for Gay Rights.” Canadian Journal of
Law
and Jurisprudence 8
(Jan. 1995): 5-18.
In
the Matter of the
and
in the Matter of the Complaint of Joseph Oliver Dated January 10, 1992
Alleging
Discrimination in Services on the Basis of Sexual Orientation by the
Corporation
of the City of Hamilton
and Mayor Robert Morrow: Between
Joseph
Oliver , Complainant,
Robert Morrow, Corporation of the City of Hamilton, Respondents. Before
Elizabeth
Beckett, Chairperson. Toronto,
Ont.:
Commission, 1995.
(26 p.)
Ref.: AMICUS catalogue record no. 14890250, which gives
Boards of Inquiry file no. 92-0185 and Decision no. 91-010.
One
of descriptors assigned in AMICUS record is “Gay Pride Day.”
Schabas, Paul B.
“Sexual Orientation Protected by the Charter.” 7 Immigration and Citizenship
5 (1995): 52-3.
Ref.: Lahey, Are We ‘Persons’ Yet?, p. 374, ftnt. 34. Citation as
it appears in Lahey. Apparently critique of Egan and Nesbit case.
Stychin, Carl
F., 1964-
“Essential
Rights and Contested Identities: Sexual Orientation and Equality
Rights Jurisprudence in
Jurisprudence 8 (Jan.
1995): 49-66.
Relevant statute: Canadian Charter of Rights and Freedoms.
Stychin, Carl
F., 1964-
Law’s Desire: Sexuality and
the Limits of Justice. London;
Routledge, 1995.
(186 p.; ISBN 0415111269;
0415111277)
“Critical
examination of the relationship of law and sexual orientation
in the
Author educated in
to the Chief
Justice of
Stychin, Carl
F., 1964-
“Novel
Concepts: A Comment on Egan and Nesbit v. the Queen [
Constitutional Forum 6
(Summer 1995): 101-106.
Wintemute,
Robert.
“Discrimination against
Same-Sex Couples: Sections 15(1) and 1 of the
Charter: Egan v.
“The Canadian
Supreme Court in Egan v.
of ruling that
discrimination against a same-sex couple was
unconstitutional
under section 15(1) of the Charter.
These two men
had lived as a
couple for 46 years and one could still not receive a
spouse’s allowance
after the other turned 65. The judges
who found for
and against
discrimination used different reasons for finding that
sexual preference
was an ‘analogous ground’ according to section
15(1) of the
Charter. The court also held by a slim
majority that
discrimination
under Section 15(1) of the Charter could be
temporarily
justified under Section 1” – from LegalTrac index entry.
Woolley, Alice.
“Excluded by Definition:
Same-Sex Couples and the Right to Marry.”
University of Toronto
Law Journal 45 (Fall 1995): 471-524.