Description
Book SynopsisThis timely, evocative book showcases Bertha Wilson’s contributions to the Canadian legal landscape and explores the issues that this controversial personality grappled with in her life and career.
Trade ReviewThe book is an excellent legacy of Madame Justice Bertha Wilson’s life as a lawyer, jurist, role model, and task force chair. Hers was a life that made a difference.
-- Joan Brockman * Canadian Journal of Woman and the Law, Vol 22 *
Justice Bertha Wilson is an original contribution ... this collection of essays reminds us that all women constitute themselves within conditions of overt and more ambient gender discrimination. Through the lens of one “extraordinary” woman’s life, this collection contributes to feminist attempts to develop theories that account for women’s capacity for agency, their negotiations, concessions, and transgressions of normative femininity – in short, the relative and shifting constraints and opportunities generated through our interactions with gendered social structures. -- Suzanne Bouclin, Faculty of Law, McGill University * Canadian Journal of Law and Society, Vol. 25, No. 2, 2010 *
Table of ContentsPreface / Justice Claire L'Heureux-Dubé
Introduction / Kim Brooks
Part 1: Foundations
1 Bertha Wilson’s Practice Years (1958–75): Establishing a Research Practice and Founding a Research Department in Canada / Angela Fernandez and Beatrice Tice
2 A Traditionalist’s Property Jurisprudence/ Larissa Katz
3 Power, Discretion, and Vulnerability, Justice Wilson and Fiduciary Duty in the Corporate/Commercial Context / Janis Sarra
4 A Few More Spokes to the Wheel: Reasonableness, Fairness, and Justice in Justice Bertha Wilson’s Approach to Contract Law / Moira L. McConnell
5 Giving Emotions Their Due: Justice Bertha Wilson’s Response to Intangible Loss in Contract / Shannon Kathleen O’Byrne
Part 2: Controversy
6 Picking up Where Justice Wilson Left Off: The Tort of Discrimination Revisited / Elizabeth Adjin-Tettey
7 Paradigms of Prostitution: Revisiting the Prostitution Reference / Janine Benedet
8 Contextualizing Criminal Defences: Exploring the Contribution of Justice Bertha Wilson / Isabel Grant and Debra Parkes
9 “Finally I know Where I am Going to Be From”: Culture, Context, and Time in a Look Back at Racine v. Woods / Gillian Calder
10 Challenging Patriarchy or Embracing Liberal Norms? Justice Wilson’s Child Custody and Access Decisions / Susan B. Boyd
Part 3: Reflections
11 But Was She a Feminist Judge? / Beverley Baines
12 I Agree/Disagree for the Following Reasons: Convergence, Divergence, and Justice Wilson’s “Modest Degree of Creativity” / Marie-Claire Belleau, Rebecca Johnson, and Christina Vinters
13 A Way of Being in the World / Lorna Turnbull
14 Ideas and Transformation: A Reflection on Bertha Wilson’s Contribution to Gender Equality in the Legal Profession / Melina Buckley
15 Taking a Stand on Equality: Bertha Wilson and the Evolution of Judicial Education in Canada / Rosemary Cairns Way and T. Brettel Dawson
16 Bertha Wilson: “Silences” in a Woman’s Life Story / Mary Jane Mossman
Index
