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Once viewed as an inevitable if unpleasant part of growing up, bullying is now recognized as a serious safety issue – particularly in light of recent teen suicides linked with homophobia in schools. In “Don’t Be So Gay!” Queers, Bullying, and Making Schools Safe, Donn Short considers the effectiveness of anti-harassment policies and safe school legislation. After spending several months interviewing queer youth and their allies in the Toronto area, Short concludes that current legislation and its approach to school safety and homophobia has generally been more responsive than proactive. He suggests that while effective legislation is vital to establishing a safe space for queer students, other influences – including religion, family beliefs, and peer pressure – may be more powerful. Drawing on students’ own experiences and exploring how their understandings and definitions of safety might be translated into policy reform, this book offers a fresh perspective on a hotly debated issue.
Human rights violations leave deep scars on people, societies, and nations. Since the early 1990s, international rights groups have argued that resolving the violence of the past through instruments of transitional justice such as truth commissions is a necessary condition for a peaceful future. But how can nations ensure that these tribunals are the best path to reconciliation? The Politics of Acknowledgement develops a theoretical framework of acknowledgement with which to evaluate truth commissions. Rather than applying this framework to successful tribunals, Joanna Quinn uses it to analyze the difficulties encountered and the ultimate failure of two poorly understood truth commissions in Uganda and Haiti. The failure of these commissions reveals that if reconciliation is to be achieved, acknowledgement of past violence and harm – by both victims and perpetrators – must come before goals such as forgiveness, social trust, civic engagement, and social cohesion.
Scholars often accept without question that the Indian Act (1876) criminalized First Nations. Drawing on court files, police and penitentiary records, and newspaper accounts from the Saskatchewan region of the North-West Territories between 1870 and 1905, Shelley Gavigan argues that the notion of criminalization captures neither the complexities of Aboriginal participation in the criminal courts nor the significance of the Indian Act as a form of law. This illuminating book paints a vivid portrait of Aboriginal defendants, witnesses, and informants whose encounters with the criminal law and the Indian Act included both the mediation and the enforcement of relations of inequality.
This volume presents a timely analysis of some of the current controversies relating to freedom for religion and freedom from religion that have dominated headlines worldwide. The collection trains the lens closely on select issues and contexts to provide detailed snapshots of the ways in which freedom for and from religion are conceptualized, protected, neglected, and negotiated in diverse situations and locations. A broad range of issues including migration, education, the public space, prisons and healthcare are discussed drawing examples from Europe, the US, Asia, Africa and South America. Including contributions from leading experts in the field, the book will be essential reading for researchers and policy-makers interested in Law and Religion.
Since 9/11 and the onset of the "war on terror," the principal challenge confronting liberal democracies has been to balance freedom with security and individual with collective rights. This book sheds new light on the evolution of human rights norms in liberal democracies by charting the activism of four Canadian NGOs on issues of refugee rights, hate speech, and the death penalty, including their use of difficult, often controversial legal cases as platforms to assert human rights principles and shape judicial policy-making. The struggles of these NGOs reveal not only the fragility but also the resilience of ideas about rights in liberal democracies.
"This book brings together a variety of perspectives to provide a comprehensive analysis of the important issue of property rights, which continues to animate the body politic of Australia and Canada in particular. As such, it will be of interest to students and scholars of colonial history, property theory, indigenous studies, and law, as well as to judges, lawyers, and the inquisitive general reader."--BOOK JACKET.
Media coverage of the Supreme Court of Canada has emerged as a crucial factor not only for judges and journalists but also for the public. It's the media, after all, that decide which court rulings to cover and how. They translate highly complex judgments into concise and meaningful news stories that will appeal to, and be understood by, the general public. Thus, judges lose control of the message once they hand down decisions, and journalists have the last word. To show how the Supreme Court has fared under the media spotlight, Sauvageau, Schneiderman, and Taras examine a year in the life of the court and then focus on the media coverage of four high-profile decisions: the Marshall case, ab...
The world's longest-lasting and most successful communal society, the Hutterites have a model of governance that has served them well for almost five hundred years. In the past the colony was an "ark," isolated from both the secular world and the host society. But today colonies face new challenges because of globalization and digital technologies and are losing much of their ability to exclude these influences from their lives. Based on extensive fieldwork with the Schmiedeleut branch of the Hutterites, the book includes the Conference Letters and Regulations, published for the first time in English translation, that provide invaluable insights into strategies for managing change.
Mennonites and their forebears are usually thought to be a people with little interest or involvement in politics. Mennonites, Politics, and Peoplehood reveals that since their early history, Mennonites have, in fact, been active participants in worldly politics. From western to eastern Europe and through different migrations to North America, James Urry’s meticulous research traces Mennonite links with kingdoms, empires, republics, and democratic nations in the context of peace, war, and revolution. Urry stresses a degree of Mennonite involvement in politics not previously discussed in literature, including Mennonite participation in constitutional reform and party politics, and shows the...
Prevailing stories about law and religion place great faith in the capacity of legal multiculturalism, rights-based toleration, and conceptions of the secular to manage issues raised by religious difference. Yet the relationship between law and religion consistently proves more fraught than such accounts suggest. In Law’s Religion, Benjamin L. Berger knocks law from its perch above culture, arguing that liberal constitutionalism is an aspect of, not an answer to, the challenges of cultural pluralism. Berger urges an approach to the study of law and religion that focuses on the experience of law as a potent cultural force. Based on a close reading of Canadian jurisprudence, but relevant to all liberal legal orders, this book explores the nature and limits of legal tolerance and shows how constitutional law’s understanding of religion shapes religious freedom. Rather than calling for legal reform, Law’s Religion invites us to rethink the ethics, virtues, and practices of adjudication in matters of religious difference.