University of Victoria Journals
Not a member yet
13485 research outputs found
Sort by
Smart Devices in Criminal Investigations: How Section 8 of the Canadian Charter of Rights and Freedoms Can Better Protect Privacy in the Search of Technology and Seizure of Information
No full textTechnology has changed our world, including how crimes are committed and how law enforcement investigate them. Many of our daily activities, criminal or otherwise, leave behind digital data. Vast amounts of specific and accurate information is collected through our intentional uses of technology and our inadvertent interactions with it. This paper examines how section 8 of the Charter is adapting to new technologies through the SCC’s jurisprudence. The current body of section 8 jurisprudence from the SCC has provided neither the desired certainty nor predictability. I point out some specific challenges with section 8 law and propose a new way forward: a spectrum of protection
(You\u27re) Having My Baby: Surrogacy Fees as a Cost of Future Care Award in Canadian Tort Law
No full textIn April 2017, the BC Supreme Court released its decision in Wilhelmson v Dumma. After a horrific motor vehicle collision in which she was critically injured, the plaintiff was left unable to bear children. Justice Sharma, in a precedent-setting decision, awarded the plaintiff $100,000 for future surrogacy fees under the head of cost of future care. With this award, Justice Sharma attempted to return the plaintiff as close to her pre-tort position as money could do by giving her back the opportunity to have a biological child. The Wilhelmson decision was groundbreaking in its recognition of the plaintiff’s loss of reproductive capacity as a real, tangible loss deserving of a pecuniary damages award. Historically, the tort system has often undercompensated women for procreative harm and other female-specific injuries, citing moral and policy rationales to justify the departure from ordinary principles of tort law. These arguments and rationales are often based on little more than intuition and hypothetical risks. In order to fully compensate women for their losses, courts may need to critically examine the principles that have often restrictedfemale plaintiffs’ recovery and develop creative remedies as Justice Sharma did with her award of surrogacy fees in Wilhelmson
The Ship is Not the Only Vessel on the River: Revisiting First Nations\u27 Mobility Rights under Article III of the 1794 Jay Treaty
No full textIn April 2017, the BC Supreme Court released its decision in Wilhelmson v Dumma. After a horrific motor vehicle collision in which she was critically injured, the plaintiff was left unable to bear children. Justice Sharma, in a precedent-setting decision, awarded the plaintiff $100,000 for future surrogacy fees under the head of cost of future care. With this award, Justice Sharma attempted to return the plaintiff as close to her pre-tort position as money could do by giving her back the opportunity to have a biological child. The Wilhelmson decision was groundbreaking in its recognition of the plaintiff’s loss of reproductive capacity as a real, tangible loss deserving of a pecuniary damages award. Historically, the tort system has often undercompensated women for procreative harm and other female-specific injuries, citing moral and policy rationales to justify the departure from ordinary principles of tort law. These arguments and rationales are often based on little more than intuition and hypothetical risks. In order to fully compensate women for their losses, courts may need to critically examine the principles that have often restricted female plaintiffs’ recovery and develop creative remedies as Justice Sharma did with her award of surrogacy fees in Wilhelmson
Double Exposure: Edward S. Curtis, Marianne Nicolson, Tracy Rector, Will Wilson: Seattle Art Museum, 14 June – 9 September 2018
No full text
VICTIM-BLAMING AND THE CRISIS OF REPRESENTATION IN THE VIOLENCE PREVENTION FIELD
No full textIn this article, the authors apply response-based practice to highlight the ways in which victims are blamed in cases of violence. They problematize and explore the misrepresentation of violence across academic disciplines and institutional systems, including the social sciences, the helping professions, and the justice system. Fast and Richardson discuss the linguistic operations that serve to conceal violence and also to obscure the resistance of the victim, which tends to reflect the level and brutality of the violent acts. In order to demonstrate the processes of shifting blame and responsibility from the perpetrator to the victim, the authors also discuss particular Indigenous examples relating to the issue of attacks on and kidnappings of Indigenous women, and to the connections between violence, resource exploitation, and land dispossession
AN INTERSECTIONAL ANALYSIS OF RESPONSES TO INTIMATE PARTNER VIOLENCE IN TWO MARGINALISED SOUTH AFRICAN COMMUNITIES
No full textThis paper aims to investigate the responses available to urban and rural community members in the Western Cape Province of South Africa after witnessing, experiencing, or hearing about intimate partner violence (IPV) against women. It explores the social and material spaces that make IPV against women possible in these communities, which have a complex history of multiple forms of violence, including institutional, symbolic, and interpersonal. Seven focus group discussions with community members are analysed, using thematic narrative analysis, to explore the social and collective features of IPV and how it emerges within community responses to this violence. Constructions of IPV as an “everyday” event surfaced in the data, and mutualising language was often employed to construct IPV as a reciprocal activity with no clear distinction between attacker and victim. Also, a reconciliatory “kiss-and-make-up” narrative emerged in the data, representing how community members responded to this violence. In addition, the temporary nature of the violent event was emphasised by participants, and the aftermath was described as an opportunity for the victim and perpetrator to “reunite”, thereby providing justification for non-intervention in future violent events. By asking questions about responses to IPV, this paper offers insight into, and recommendations about, key forms of community intervention and engagement for gendered violence
Parfit on Personal Identity in Lewis’ Metaphysics: How a Broader Conception of ‘being-the-same-person-as’ Can Help Respond to Humphrey-Style Objections
No full text“It’s My Role and I’ll Cry if I Want To”: An All-Female Hamlet Claims Non-Gender Production Space
No full textA review of the East Tennessee State University Department of Theatre & Dance production of Hamlet