Justice Bertha Wilson: One Woman's Difference

Justice Bertha Wilson: One Woman's Difference

by Kim Brooks (Editor)

Paperback

$37.95
View All Available Formats & Editions
Members save with free shipping everyday! 
See details

Overview

Bertha Wilson's appointment to the Supreme Court of Canada in 1982 capped off a career of firsts. Wilson had been the first woman lawyer and partner at a prominent Toronto law firm and the first woman appointed to the Ontario Court of Appeal. Her career and passing in 2007 provoked reflection on her contributions to Canadian society and raised the question, what difference do women judges make? Justice Bertha Wilson examines Wilson's career through three distinct frames – foundations, controversy, and reflections – and a wide range of feminist perspectives. Taken together, these provocative essays paint an intriguing portrait of a complex, controversial woman who made a deep impression on the Canadian legal landscape.

Product Details

ISBN-13: 9780774817332
Publisher: University of British Columbia Press
Publication date: 07/01/2010
Series: Law and Society Series
Pages: 344
Product dimensions: 5.90(w) x 8.90(h) x 0.90(d)
Age Range: 18 Years

About the Author

Kim Brooks is an associate professor and the H. Heward Stikeman Chair in the Law of Taxation in the Faculty of Law at McGill University.

Table of Contents

Preface / 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

What People are Saying About This

Margaret Thornton

Was Bertha Wilson a feminist judge or not? This and other tantalizing questions are explored in this multifaceted collection devoted to the professional journey of an internationally famous 'FW2' (First Woman to . . .) in the often hostile, masculinist domain of law. The collection enables the reader to acquire an understanding of not only a courageous and compassionate trailblazer and her legacy, but also the organic nature of the nexus between law and social change.

From the Publisher

"Was Bertha Wilson a feminist judge or not? This and other tantalizing questions are explored in this multifaceted collection devoted to the professional journey of an internationally famous 'FW2' (First Woman to . . .) in the often hostile, masculinist domain of law. The collection enables the reader to acquire an understanding of not only a courageous and compassionate trailblazer and her legacy, but also the organic nature of the nexus between law and social change."—Margaret Thornton, Professor of Law, Australian National University

"A fitting tribute to a remarkable women and jurist. This collection explores not only her famous Charter and criminal law judgments, but also the rather-neglected commercial law opinions and her legal work before joining the Supreme Court. I commend the book to the many lawyers who knew her and miss her friendship and intellectual engagement, but especially to the readers who know her only through her judicial writing. You will understand both her and the law better after reading these essays."—Donna Greschner, Dean of Law, University of Victoria

Donna Greschner

A fitting tribute to a remarkable women and jurist. This collection explores not only her famous Charter and criminal law judgments, but also the rather-neglected commercial law opinions and her legal work before joining the Supreme Court. I commend the book to the many lawyers who knew her and miss her friendship and intellectual engagement, but especially to the readers who know her only through her judicial writing. You will understand both her and the law better after reading these essays.

Customer Reviews