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This paper is a feminist judgment in R v JA (Supreme Court of Canada 2011), a spousal sexual assault case involving the issue of whether parties can consent in advance to sexual activity that will occur while they are asleep or unconscious. The Supreme Court’s ruling in JA has generated critique and debate amongst feminist and law and sexuality scholars that pits women's equality and security interests against their affirmative sexual autonomy. Using the methodology of a feminist judgment, I endeavour to analyze whether it is possible to adopt an approach to advance consent that protects or at least balances all of these interests. My particular focus is the spousal context, where courts have often interpreted the sexual assault provisions of the Criminal Code to the detriment of women’s sexual integrity and equality, yet where arguments about affirmative sexual autonomy have also predominated. Taking a harm-based approach to criminality that considers both negative and positive sexual autonomy, the judgment concludes that advance consent should not be considered valid without certain legal safeguards being put into place.Este artículo es una sentencia feminista de R v JA (Tribunal Supremo de Canadá 2011), un caso de agresión sexual conyugal que implica la cuestión de si las partes pueden consentir de antemano una actividad sexual que ocurrirá mientras están dormidos o inconscientes. El fallo de la Corte Suprema en JA ha generado críticas y debates entre feministas e investigadores en derecho y sexualidad, que enfrentan los intereses de igualdad y seguridad de la mujer con su autonomía sexual afirmativa. Utilizando la metodología de un juicio feminista, se intenta analizar si es posible adoptar un enfoque de consentimiento anticipado que proteja, o al menos equilibre, todos estos intereses. El enfoque particular es el contexto conyugal, donde los tribunales han interpretado a menudo las disposiciones sobre el asalto sexual del Código Penal en detrimento de la integridad sexual y la igualdad de las mujeres, incluso también donde también han predominado los argumentos sobre la autonomía sexual positiva. A partir de un acercamiento a la criminalidad basado en el daño, que considera la autonomía sexual negativa y positiva, la sentencia concluye que el consentimiento previo no debe ser considerado válido sin que se pongan en práctica ciertas garantías legales. DOWNLOAD THIS PAPER FROM SSRN: https://ssrn.com/abstract=2891024

"Indigenous traditions can be uplifting, positive, and liberating forces when they are connected to living systems of thought and practice. Problems arise when they are treated as timeless models of unchanging truth that require unwavering deference and unquestioning obedience. Freedom and Indigenous Constitutionalism celebrates the emancipatory potential of Indigenous traditions, considers their value as the basis for good laws and good lives, and critiques the failure of Canadian constitutional traditions to recognize their significance."-- Provided by publisher., "Demonstrating how Canada's constitutional structures marginalize Indigenous peoples' ability to exercise power in the real world, John Borrows uses Ojibwe law, stories, and principles to suggest alternative ways in which Indigenous peoples can work to enhance freedom. Among the stimulating issues he approaches are the democratic potential of civil disobedience, the hazards of applying originalism rather than living tree jurisprudence in the interpretation of Aboriginal and treaty rights, American legislative actions that could also animate Indigenous self-determination in Canada, and the opportunity for Indigenous governmental action to address violence against women."-- Provided by publisher.

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Aboriginal law disputes are disputes that arise in the spaces between Indigenous and non-Indigenous societies. To date, the Supreme Court of Canada has resolved Aboriginal law disputes under section 35 by relying heavily on the common law to the exclusion of Indigenous legal traditions and principles. In this article, the author argues that applying a bijural interpretation of the principle of respect provides a promising pathway forward in resolving Aboriginal law disputes in a way that supports the grand purpose of section 35 of the Constitution Act, 1982—reconciliation. The author discusses the principle of respect by considering both non-Indigenous and Indigenous theories to propose a robust conception of respect to guide Aboriginal law jurisprudence. She then suggests three ways to implement the principle of respect in the intercultural relationship: (1) making interdependence and relationships primary; (2) rejecting colonial attitudes and stereotypes of Indigenous peoples; and (3) creating political and legal space for the expression and flourishing of cultural difference.

"In 1982, Canada formally recognized Aboriginal rights within its Constitution. The move reflected a consensus that states should and could use group rights to protect and accommodate subnational groups within their borders. Decades later, however, no one is happy. This state of affairs, Panagos argues, is rooted in a failure to define what aboriginality means, which has led to the promotion and protection of a single vision of aboriginality--that of the justices of the Supreme Court. He concludes that there can be no justice so long as the state continues to safeguard a set of values and interests defined by non-Aboriginal people."-- Provided by publisher.

‡a This book presents an accessible and honest assessment of the strengths and weaknesses of military justice around the world, with particular emphasis on the US, UK, and Canada.

"This report will highlight the need for the Government of Ontario to put concrete measures in place and adopt the tools that are needed in order for government ministries, agencies and entitles, and third parties that provide services on behalf of the government to implement the active offer of services in French."--Executive summary

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"[This book is a] review and study of declaratory judgments in Canada, a unique reference and guide to what declaratory judgments are, and when and how they can and should be used. The analysis of the subject includes reference to historical origins, procedural requirements, jurisdictional framework and application of the declaratory judgment in the determination of issues in constitutional, administrative, municipal, labour, contractual, and estate law. Along with an overview of the Canadian law, the author gives special attention to the experience of Quebec courts in the matter of declaratory relief. In addition to analyses and discussions of the substantive law, The Law of Declaratory Judgments, Fourth Edition also addresses the practical aspects of the law through provisions of precedents."-- Provided by publisher.

A Review of the Principles and Purposes of Sentencing in Sections 718-718.21 of the Criminal Code

Statutory Interpretation is a practical guide to the techniques and reasoning used by lawyers and judges to resolve interpretation problems. The book deciphers the complex rules of interpretation, explains the way these rules relate to each other, and focuses on their strategic use in constructing arguments and justifying outcomes. The third edition has been updated and restructured, adding a new chapter to the Introduction that explains what is meant by "the entire context" -- the core concept of the modern principle that governs interpretation -- and shows how the various interpretive rules and presumptions fit into that complex concept. There is another new chapter on Aboriginal law and rights to reflect the increasing importance of this area of law. Finally, this edition offers an expanded, comprehensive treatment of the presumptions of legislative intent and the important role that policy plays in interpretation, even though courts are sometimes reluctant to acknowledge that role. Written by Canada's leading authority in the field, this is a desk book that no legal practitioner should be without.