YEAR/ANNÉE 2000
Aggarwal, Arjun P., and Gupta, Madhu M.
“Same-Sex Sexual Harassment: Is It Sex Discrimination?: A Review of
Canadian
and American Law.”
333-353.
“
Anderson, Thomas G.
“Models
of Registered Partnership and Their Rationale: The
Law
Institute’s Proposed ‘Domestic Partner Act’.”
Canadian Journal of
Family
Law 17(1) (2000): 89-113.
From
issue of journal devoted to selected conference papers from
Conference
on Domestic Partnerships, Queen’s University,
Kingston, Oct. 1999.
Bailey, Martha.
“Foreword:
Domestic Partnerships.” Canadian
Journal of Family Law 17(1)
(2000):
11-19.
In
this paper, Bailey refers to the effects of the Supreme Court of
papers
selected for this special journal issue on domestic
partnerships,
papers that were presented at the international
Conference
on Domestic Partnerships, Queen’s University,
Kingston, beginning
October 21, 1999. Only those papers
dealing
directly with
separately
in this bibliography, but the user might wish to examine
the
other papers for relevant ideas.
Bala, Nicholas.
“Alternatives
for Extending Spousal Status in
Canadian
Journal of Family Law 17(1) (2000): 169-199.
Revised
version of paper from Conference on Domestic
Partnerships,
Queen’s University, October 1999. Basis
for
brief
presented to House of Commons Standing Committee
on Justice and
Human Rights in March 2000 (footnote, p. 169).
Barclay, Tamara D.
“Peering
into the Bedrooms of the Province: An Examination of the
Different
Definitions of ‘Spouse’ in the Family Law Act and the
(Spring 2000): 1-44.
B.C. College of Teachers v Trinity Western University, 2000-11-09.
Videocassette plus
accompanying book. See VIDEOS section
for fuller
listing of this item, which concerns a Supreme Court of Canada presentation.
Benedet, Janine.
“Same-Sex Sexual Harassment in Employment.” Queen’s Law Journal 26
(Fall 2000): 101-141.
Ref.: Index to Canadian Legal Literature description indicates
that this deals with
both
“Bill 5 Gives Rights to Same-Sex Partners.” Human Resources Professional 17(1)
(Feb./March 2000): 10.
Blackwell, Susan.
“Federal
Same Sex Benefits Legislation.” Money
and Family Law 15
(March 2000): 21-22.
Little
Sisters Book and Art Emporium, B.C. Civil Liberties Association, James
Deva and
Guy Allen Bruce Smythe v. the Minister of Justice and Attorney
General of
General of
of
(1 vol. in various pagings)
Ref.: AMICUS catalogue record no. 25947609, which gives spelling as
“Little Sisters,” whereas elsewhere it appears as “Little Sister’s.”
Other
title: Little Sisters Book and Art Emporium v.
(Minister of Justice).
“Appeal heard: March 16, 2000; judgment rendered: December
15, 2000.”
“Reasons for judgment by: …The Hon. Mr. Justice Binnie”
Text in English and French, with parallel title also in French.
The user is referred also to the CENSORSHIP section of the
bibliography for additional references to this issue.
“Censorship, Sexuality, and the Possibilities of Legal Reform or, Can We ‘Queer’
the Canadian Charter?” Canadian Woman Studies 20(2) (Summer 2000): 70
(8 pages)
Ref. from Expanded Academic ASAP index.
Cohen, Jonathan.
“”More Censorship or
Less Discrimination?: Sexual Orientation Hate Propaganda
in
Multiple Perspectives.” McGill Law
Journal 46(Nov. 2000): 69-104.
Davies, Christine.
“The
Extension of Marital Rights and Obligations to the Unmarried:
Registered
Domestic Partnerships and Other Methods.”
Canadian
Family Law Quarterly 17 (Mar. 2000):
247-262.
Dhir, Aaron A.
“Same-Sex Family Class Immigration: Is the Definition of ‘Spouse’ in
Brunswick Law Journal 49 (2000): 183-213.
Division of Powers and Jurisdictional Issues relating to Marriage.
By
EGALE
Ottawa, Ont.: Law Commission of
http://collection.nlc-bnc.ca/100/200/301/lcc-c/div_powers_juris_marriage-e/index.html
http://dsp-psd.pwgsc.gc.ca/Collection/JL2-14-2000E.pdf
Electronic file with above URLs operative as of February 14, 2002.
Issued also in French under title: Le
partage des pouvoirs et l’analyse des
compétences
en matière de mariage (URLs as above, except that
in first URL substitute “marriage-f” for “marriage-e” and in second
URL substitute “2000F” for “2000E” for French versions)
Refs.: AMICUS catalogue record nos. 24829267 (English) and
24829314 (French)
Dooley, Patrick J.
“I Am Who I Am, Or Am I?: A Comparison of the Equal Protection of Sexual
Minorities
in Canadian and
Home
North of the Border.”
Comparative Law 17(2) (Spring 2000): 371-411.
Doyle, Kegan, and Lacombe, Dany.
“Scapegoat in Risk Society: The Case of Pedophile/Child Pornographer Robin
Sharpe.” Studies in Law, Politics, and Society 20 (2000): 183-206.
A
1999
child pornography. Related Canadian and
Dranoff, Linda Silver.
“Ask
a Lawyer: I’ve Heard So Much about Legal Rights for Same-Sex
Couples. What Does the Law Say Now?” Chatelaine, October 2000,
p.
24.
Overview
of legal issues in
territories.
Eaton, Mary Jane,
1962-
“Toward
Lesbian Jurisprudence.” J.S.D. thesis, Columbia University
(
2000.
(1 v., various pagings)
Ref.:
OCLC catalog record, accession no. 47801393, which notes
one
item of contents as “Patently Confused: Complex Inequality
“Extending Spousal Pensions and Benefits to Employees’ Same-Sex Partners Used
to Be Considered the Decent Thing to Do…Now It’s the Law.”
Workplace News 6(2) (February 2000): 1-2.
Gavigan, Shelley A. M.
“Mothers, Other Mothers,
and Others: The Legal Challenges and Contradictions
of Lesbian
Parents.” In Law as a Gendering
Practice. Edited by
Dorothy E. Chunn and
Dany Lacombe. Toronto: Oxford University
Press,
2000.
“Gay Couples Win Historic Fight: Federal Bill Includes Them in 68 Statutes.”
Toronto Star, February 12, 2000, p. A3.
Interested reader might see related article, “Wave of Same-Sex Court
Decisions
Left Ottawa Little Choice but to Amend Laws,” National
Post, February 9, 2000, p. A6.
“Gays Get Sweeping Equality Laws.” National Post, February 12, 2000, pp. A1, A6.
Harel, Alon.
Sexuality and the Law. Toronto: Faculty of Law, University of Toronto,
c2000.
(241 p.)
Broader than scope of this bibliography, but one catalogue record
descriptor assigned is “Homosexuality – Law and legislation.”
Hitchings, Emma.
“M v H and Same-Sex Spousal Benefits.” Modern Law Review 63(4)(2000):
596-607.
Author affiliation: Cardiff Law School.
Holland, Winifred.
“Intimate
Relationships in the New Millennium: The Assimilation of
Marriage and Cohabitation?” Canadian Journal of Family Law
17(1)
(2000): 114-168.
Relevant
statute: Canadian Charter of Rights and Freedoms.
Revised
and updated version of paper presented at Conference
on
Domestic Partnerships, Queen’s University, Kingston,
October
21-23, 1999.
Hurley, Mary C.
Sexual
Orientation and Legal Rights. Rev. ed.; Ottawa: Library of
Parliament,
Parliamentary Research Branch, 2000.
This
latest edition is available over the Internet in English or
French
at www.parl.gc.ca/information/library/PRBpubs/921-e.htm
or
www.parl.gc.ca/information/library/PRBpubs/921-f.htm
,
respectively,
as of February 1, 2001. The latest
edition was
revised
17 August 2000 and runs to approximately 25 printed pages.
French title: Orientation
sexuelle et garanties juridiques.
This useful work appeared first in 1992, with
earlier editions
prepared
by James R. Robertson or co-authored by James R.
Robertson
and Mary C. Hurley. Many earlier
editions are
available
on microfiche through Micromedia’s Microlog service,
subscribed
to by many university and large public libraries.
Of
the 1999 edition, the Canadian Research Index abstract states that
“over
the past 20 years, the legal rights of lesbians and gay men in
Canada
have been the subject of considerable judicial and political
activity. This paper reviews some of the issues and
developments
affecting
the legal rights of lesbians and gay men at the federal level
as
well as in areas of provincial jurisdiction and in the private sector.
The
paper is concerned only with legal matters.”
The
year 2000 edition provides, in addition to a detailed overview,
background
and analysis, a chronology of major parliamentary
initiatives
of interest to gays and lesbians, a chronology of some
major
federal and provincial government actions and an
alphabetical
list of 57 citations to case law from both federal
and
provincial jurisdictions, including citations to M v. H,
Egan
v. Canada, and Vriend v. Alberta.
The
latest edition of this work is an obvious starting point for
general
research on legal aspects of sexual orientation in Canada.
Johnson, Rebecca.
“Justice La Forest, Sexual Orientation and Citizenship.” In Gérard
V. La Forest
at the Supreme Court of Canada 1985-1997, pp. 289-312. Edited by
Rebecca Johnson and John P. McEvoy. Winnipeg, Man.: Published for the
Supreme Court of Canada Historical Society by the Canadian History Project,
Faculty of Law, University of Manitoba, 2000.
Refs.: Index to Canadian Legal Literature and University of
Manitoba Libraries online catalogue.
Kendall, Christopher N.
“Little Sisters: What the Supreme Court of Canada Really Decided.”
E Law: Murdoch University Electronic Journal of Law [Perth, Australia]
7(4)(December 2000)
Home page of journal at www.murdoch.edu.au/elaw , accessed
January 24, 2003. Kendall has written other pornography articles, not listed
here, using the Supreme Court decision in his discussion.
Kim, Natasha.
“Much Ado about Something: Destabilizing Law’s Support of Dominant Ideologies
in the Context of Lesbian Mother Custody Claims in
Legal Studies 9 (2000): 73-119.
Kuffner, Kara L.
“Common-Law
and Same-Sex Relationships under the Matrimonial
Property
Act [
(Winter
2000): 237-273.
Lahey, Kathleen A.
“Tax
Law and ‘Equality’: The Canadian Charter of Rights, Sex and Sexuality.”
British
Tax Review 2000(4) (July-Aug. 2000): 378-396.
Lewis, Deborah.
“Delving into the Structure of the Income Tax Act: How the Tax Unit and Tax
Base Impact on Women and Same-Sex Couples.” LL.M. thesis, University of
Toronto, 2000.
(ca.
114 p.)
Lloyd, Julie.
“Law
as Shield: Winning Fairness for Gays and Lesbians.” Law Now
24(6)
(June/July 2000): 14-16.
Loubert, Anne, et
Lussier, Katia.
“L’Union de fait homosexuelle au
Québec.” Travaux de la Revue
juridique
des étudiants et étudiantes de l’Université Laval, [issue?] 5 (2000): n.p.
(31 p.)
Ref.: Index to Canadian Legal Literature, 1985 – Jan. 2002, online.
Low, Helen H.
“Entitlements of an Unmarried Person on Death of the Partner [British
Columbia].” Estates, Trusts & Pensions Journal 20(1) (Oct. 2000): 61-91.
Broader than scope of this bibliography.
MacDougall, Bruce.
“The Celebration of Same-Sex Marriage.” Ottawa Law Review 32(2000-2001):
235-267.
MacDougall, Bruce, 1960-
Queer Judgments: Homosexuality, Expression and the Courts in Canada.
Toronto:].” University of Toronto press, 2000.
(360p.; ISBN 0802009514; 0802079148)
Some catalogues give the title as Queer Judgements.
McCarthy, Martha A.
"Lesbian and Gay Rights." In Peace, Justice and Freedom: Human Rights
Challenges for the New Millennium, p. 289-[302]. Edited by Gurcharan
S. Bhatia et al. Edmonton, Alta.: University of Alberta Press, c2000.
Both Canadian and international issues discussed.
McCarthy, Martha.
“17 Gay Couples Launch Freedom-To-Marry Cases.” Lawyers Weekly 20
(Dec. 2000): 9
Re.: Index to Canadian Legal Literature.
Nadeau, Alain-Robert.
“Les Scouts, l'homosexualité et les mailles.” Journal du Barreau [Montréal]
32(12)(juillet 2000): 10
Ref.: Index to Canadian Legal Literature. United States and Canada.
Ontario Human Rights Commission.
Policy on Discrimination and Harassment Because of Gender Identity
Rev. ed.; Toronto, Ont.: The Commission, 2000.
(15p.)
Title available via Internet, as a computer disk, on audiotape, and in
large print, according to AMICUS catalogue record nos. 24777154
(English record) and 24777178 (French-language record)
French-language title: Politique sur la discrimination et le harcèlement en
raison de l’identité sexuelle.
Ontario Human Rights Commission.
Policy on Discrimination and Harassment Because of Sexual Orientation
Rev. ed.; Toronto, Ont.: The Commission, 2000.
(15p.)
Title available via Internet, as a computer disk, on audiotape, and in print
Available also in French under title: Politique concernant la discrimination
le harcèlement fondés sur l’orientation sexuelle.
“Approved by the Commission January 11, 2000” – AMICUS catalogue
record no. 24777152 (French-language record no. 24777179).
Orientation sexuelle et garanties juridiques
Voir Hurley, Mary C.
Out and In: Information for Lesbian, Gay, Bisexual & Transgendered Law School
Applicants. Newtown, PA: Law School Admission Council, c2000.
(5, 7 p.)
AMICUS catalogue record no. 25626388 assigns both --United States and
--Canada as geographic subdivisions to descriptors.
Pellatt, Anna S.
"Equality Rights Litigation and Social Transformation: A Consideration of the
Women's Legal Education and Action Fund's Intervention in Vriend v R."
Canadian Journal of Women and the Law 12(1) (2000): 117-146.
Robertson, James R..
Sexual Orientation and Legal Rights.
SEE full entry for this annual publication at Hurley, Mary C., above.
Robinson, Svend.
"The Fragile Progress of Human Rights and Sexuality." In Peace, Justice, and
Freedom: Human Rights Challenges for the New Millennium, pp. 313-317. Edited
by Gurcharan S. Bhatia et al. Edmonton, Alta.: University of
Alberta Press, c2000.
Robinson, Canadian Member of Parliament, discusses Canadian and
international issues regarding gays and lesbians on both the political
and personal levels.
Rose, Ruth.
"Les droits des lesbiennes au Québec et au Canada.” Recherches feministes
13(1) (2000): 145-148.
“After tracing a brief history of recent progress,…discusses what
remains to be done…” –from Sociological Abstracts summary.
Roy, Marilyn.
"Same-Sex Equality." Estates and Trusts Journal 19 (April 2000): 203-206.
Sexual Orientation and Legal Rights
SEE full entry for this annual publication at Hurley, Mary C., above.
Shariff, Shaheen; Case, Roland; and Manley-Casimir, Michael
"Balancing Competing Rights in Education: Surrey [British Columbia]
School Board's Book Ban." Education & Law Journal 10 (Jan. 2000):
47-105.
Smith, Miriam.
"Political Activism, Litigation and Public Policy: The Charter Revolution and
Lesbian and Gay Rights in Canada, 1985-99." International Journal of
Canadian Studies 21 (Spring 2000): 81-109.
Steyn, Mark.
"The Rise of the FU Movement." Spectator, March 4, 2000, p. 22 (2).
Ref.: Expanded Academic ASAP, in which
title enhancement and abstract refer to judicial activism and
specifically the matter of Canadian Supreme Court Justice
Claire L’Heureux-Dubé announcing her “intention to fight
against ‘a general failure in the political process to recognise
the rights of lesbians and gays’.”
Wakkary, Albert.
"Assessing the Impact of Changing Marital Rights and Obligations:
Practical Considerations." Canadian Journal of Family Law
17(1) (2000): 200-226.
“The paper focuses on the personal income tax system in Canada”
(p. 201). Includes tables giving “Estimated number of same-sex
couples by number of earners and household income, 1994” (p. 224);
“Estimated number of same-sex couples with and without children by
household income, 1994” (p. 225); and “Estimated federal revenue
impact of recognizing same-sex spouses, 1994” (p. 226). Author is an
employee of Department of Finance Canada. Paper part of special
Domestic Partnerships issue of journal.