National Network for Equitable Library Service

Indigenous women continue to be overrepresented in Canadian prisons; research demonstrates how their overincarceration and often extensive experiences of victimization are interconnected with and through ongoing processes of colonization. "Implicating the System: Judicial Discourses in the Sentencing of Indigenous Women" explores how judges navigate these issues in sentencing by examining related discourses in selected judgments from a review of 175 decisions. The feminist theory of the victimization-criminalization continuum informs Elspeth Kaiser-Derrick's work.

More than a quarter of a century has passed since Canada promised to recognize and respect the rights of children under the United Nations Convention on the Rights of the Child. Ratification of the Convention cannot, however, guarantee that everyone will abandon proprietary notions about children, or that all children will be free to enjoy the substance of their rights in every social and institutional context in which they find themselves, including—and perhaps especially—within families.

Since the first edition of this popular text was published in 1984, the Charter of Rights and Freedoms has transformed the role of the courts in Canadian politics. Newly revised and updated, Law, Politics, and the Judicial Process in Canada, 4th Edition provides an introduction to the issues raised by the changing political role of Canadian judges. It includes over 40 new readings, including two all-new chapters on the Harper Conservatives and Aboriginal Law.

Gordon W. Smith, PhD, dedicated much of his life to researching Canada’s sovereignty in the Arctic. A historian by training, his 1952 dissertation from Columbia University on “The Historical and Legal Background of Canada’s Arctic Claims” remains a foundational work on the topic, as does his 1966 chapter “Sovereignty in the North: The Canadian Aspect of an International Problem,” in R. St. J. Macdonald’s The Arctic Frontier.

The Indian Specific Claims Commission (ICC) was formed in 1991 in response to the Oka crisis. Its purpose was to resolve claims arising from promises made to Indigenous nations in treaties, the federal Indian Act, and within other Crown obligations. This book traces the history of Indigenous claims and the work of the ICC. Written by longstanding ICC Commissioner Jane Dickson, it provides an unflinching look at the inquiry process and the parties involved.

What is family? Citing national security and societal welfare, the Harper government adopted a strict definition of family to limit access to citizenship for certain immigrants.

Migrant workers, though long welcomed in Canada for their labour, are often excluded from both workplace protections and basic social benefits such as health care, income assistance, and education. Through interviews with migrants and their advocates, Marsden shows that people with precarious migration status face barriers in law, policy, and practice, affecting their ability to address adverse working conditions and their access to institutions such as hospitals, schools, and employment standards boards.

Whatever deficits remain in the Canadian project to make justice available to all, class actions have been heralded as a success. They have been employed over the past several decades to overcome barriers to justice for those who would otherwise have no recourse to the courts. First proposing a conceptualization of access to justice that moves beyond mere access to a court procedure, leading expert Jasminka Kalajdzic then methodically assesses survey data and case studies to determine how class action practice fulfills or falls short of its objectives.

The Truth and Reconciliation Commission urged a better understanding of Aboriginal law for all Canadians. This book responds to that call, outlining significant legal developments in straightforward, non-technical language. Jim Reynolds provides the historical context needed to understand the relationship between Indigenous peoples and settlers and explains key topics such as sovereignty, fiduciary duties, the honour of the Crown, Aboriginal rights and title, treaties, the duty to consult, Indigenous laws, and international law.

In 2013, the Supreme Court of Canada ruled in Canada v. Bedford that key prostitution laws were unconstitutional. Red Light Labour addresses the new legal regime regulating sex work by analyzing how laws and those who uphold them have constructed, controlled, and criminalized sex workers, their clients, and their workspaces. This groundbreaking collection also offers nuanced interpretations of commercial sexual labour from the perspectives of workers, activists, and researchers.