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Copyright of Canadian Journal of Disability Studies is the property of Canadian Disability Studies Association and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Résumé: L'auteur présente une étude historique comparative de l'action de l'OIT en matière de sécurité et de santé au travail (SST) analysées comme des droits fondamentaux. Durant les vingt années qui ont suivi l'adoption du Pacte international relatif aux droits économiques, sociaux et culturels, l'Organisation a opté pour une approche réaliste et défendu l'idée que la protection de la SST supposait que les conditions économiques nécessaires soient réunies. L'article revisite cette histoire à la lumière de deux éléments: l'émergence d'une nouvelle réalité, faite d'incertitude, et l'ajout de la SST au cadre des principes et droits fondamentaux au travail de l'OIT. Il montre que l'approche du réalisme vigilant pourrait être appliquée aux activités actuelles de l'OIT dans le champ de la SST. [ABSTRACT FROM AUTHOR]

Could a philanthropic model aimed at community development enforce colonial policy rather than providing equitable economic opportunity? This research analyzes the transcripts of 20 public webinars on philanthropy and the Indian Act and maps the 54 community foundations in Manitoba, Canada. All 54 community foundations in Manitoba service only settler-dominated cities and municipalities, with none on Native communities. As community foundations serve only their specific geographical areas, the community foundations in Manitoba effectively concentrate wealth in settler-dominated cities and municipalities, taking away needed resources from Native communities. In excluding the poorest communities in Manitoba, this philanthropic model further entrenches marginalization, poverty, and health risks for Native people on Native communities. [ABSTRACT FROM AUTHOR]

Copyright of Recherches Feministes is the property of Groupe de Recherche et d'Echange Multidisciplinaires Feministes and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Background: People living with dementia (PLWD) may want to participate in research, but the guidelines and processes enacted across various contexts may prohibit this from happening., Objective: Understanding the experiences of people with lived experiences of dementia requires meaningful inclusion in research, as is consistent with rights-based perspectives. Currently, the inclusion of PLWD in Canadian research is complex, and guidelines and conceptual frameworks have not been fully developed., Methods: This research note outlines a three-year proof-of-concept grant on the inclusion and consent of PLWD in research., Findings: It presents a brief report on some of the contradictions and challenges that exist in legislation, research guidelines, and research practices and raises a series of questions as part of an agenda on rights and inclusion of PLWD in research., Discussion: It suggests conceptual, legal, and policy issues that need to be addressed and invites Canadian researchers to re-envision research practices and to advocate for law and policy reform that enables dementia research to align and respect the rights and personhood of PLWD.

Copyright of Canadian Yearbook of International Law is the property of Cambridge University Press and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Canadian Journal of Education / Revue Canadienne de l'Éducation is the property of Canadian Society for the Study of Education and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Canadian Journal of Occupational Therapy is the property of Sage Publications Inc. and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Canada's National Housing Strategy (NHS) commits the government to eliminating chronic homelessness and promises that realizing the right to housing is a key objective. In this article, we explore how the Canadian government could realize the right to housing in the context of eliminating chronic homelessness. We argue that it is helpful to look at how other jurisdictions have successfully reduced homelessness. In this article we examine Finland and Scotland's approaches because they offer certain similarities in how homelessness is addressed, yet they also differ, most crucially in how they understand the right to housing. We argue that both of these jurisdictions offer important lessons for Canada to draw on as it seeks to reduce long-term homelessness. [ABSTRACT FROM AUTHOR]

This article examines the varied understandings of human rights in Ontario in the immediate aftermath of the Second World War. The article compares the social origins and implementation of Ontario's Fair Employment Practices Act – which combatted racist and religious discrimination – with Ontario's Female Employees Fair Remuneration Act – which mandated equal pay for women who did the same work as men. Although a few feminists called for the Fair Employment Practices Act to prohibit sex discrimination as well, their pleas fell mainly on deaf ears in this period. Men and women who fought against racist injustice were frequently unaware of gender injustice, for they, like so many others, subscribed to the deeply embedded ideology of the family wage. Conversely, some of the most outspoken advocates of women's rights were unconscious of – or chose to ignore – racism. At the same time, some of the most committed advocates of equal pay for equal work actually reinforced certain conventional assumptions about men's gender privilege at work and at home. Moreover, while the enforcement of both acts was constrained by the conciliatory framework embedded within them, the government officials who were charged with applying both acts interpreted the equal pay act quite narrowly and were significantly more diligent in tackling racist and religious employment discrimination. [ABSTRACT FROM AUTHOR]

I once wrote a statement to make clear that I didn't consent to involuntary injections. Against the institutional power that included the threat of increased force--at each encounter with the psychiatric nurse, security staff on the ready, week after week--I read aloud this statement asserting that my submission should in no way be understood as consent. At its end I explained that one day I would write and publish an essay titled "I Call This Institutionalized Rape." This is that essay. [ABSTRACT FROM AUTHOR]

Medical marijuana users represent many people with disabilities in Canada. Recent legislative attempts have allowed people with disabilities to access cannabis as medicine, however the landscape is ever changing. The Cannabis Act was recently introduced, legalizing marijuana for all; however, people with disabilities have not been accounted for when it comes to the issue of access to medicine. Those who rely on cannabis as medicine and those who enjoy it recreationally are now part of the same system, for better or worse. The new medical marijuana regime, under the new Cannabis Act, boasts a "two-stream" process, and it claims that it will be maintaining and improving the old medical regime alongside the new recreational regime. The applicable taxes tell a different story. Medical marijuana has always been subject to sales tax despite being effectively prescribed by doctors to manage and treat many disabilities and illnesses. Now, with the enactment of the Cannabis Act, medical marijuana is subject to an excise tax too—colloquially known as the "sin tax." Recreational and medical marijuana are subject to the same taxation scheme, making any notion of a "two-stream" process nonsensical and blatantly unfair. The purpose of this article is to provide insight into the varying faults concerning the medical marijuana regime in Canada, with specific emphasis on the issue of taxation. In the simplest terms, taxing medical marijuana is taxing medicine and effectively taxing people with disabilities. Broken down into five parts, this article discusses the underlying reasons for the taxes surrounding medical marijuana, provides a case study of the most important tax case for medical marijuana users, scrutinizes the lack of recognition of medical marijuana as a proper prescription, outlines the ways to improve legislation, and, finally, explores a potential Charter challenge that can be effectively brought against this taxation. [ABSTRACT FROM AUTHOR]

In 2016, the Canadian Human Rights Tribunal found that Canada's management of child welfare discriminates against First Nations children. The First Nations Child and Family Caring Society, one of the complainants, maintains a web-based campaign called "I Am A Witness," providing details on the hearings and legal materials and asking visitors to act towards ending discrimination against First Nations children. What does it mean to bear witness to such discrimination? The concept of "witnessing" circulates through Indigenous oral traditions, communication and media theories, and the common law. This article explores the I Am A Witness campaign, arguing that as it evokes various theories of witnessing and builds public awareness of legal processes, it shifts spaces of and perspectives on legality beyond Western categories, creating a public that is enabled to bear witness to, and respond to, ongoing injustices against Indigenous peoples. [ABSTRACT FROM AUTHOR]

Copyright of Canadian Review of Social Policy / Revue Canadienne de Politique Sociale is the property of York University and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

This article introduces a new concept to help explain domicide perpetrated against one group of people over space and time: 'cumulative domicide'. The authors challenge the notion of domicide as an event and instead conceptualize the rights violation as a process. The cumulative domicide against the Sayisi Dene in Manitoba from the 1950s to the 1970s is a perfect illustration of the compounding, intergenerational effects that cumulative domicide can have upon a people when they are torn from their home and are not allowed to remake home elsewhere on their terms. In the case of the Sayisi Dene, the authors argue that processes of colonial expansion and hegemony are based on cumulative domicide and that this process occurs over variances in time and space. [ABSTRACT FROM AUTHOR]

Between 2002 and 2017, Canadian lawmakers sought to redress the pervasive levels of discrimination, harassment, and violence experienced by transgender and/or non-binary people by adding the terms "gender identity" and/or "gender expression" to federal, provincial, and territorial human rights instruments. This paper tracks the complex, iterative ways in which antidiscrimination protections are brought to life outside courts and tribunals. Using Ontario's publicly-funded English language secular school boards as a case study, we examine how the introduction of explicit human rights protections on the basis of "gender identity" and "gender expression" in 2012 worked to produce a series of responses across the education sector. Given that "gender identity" and "gender expression" remain legally undefined terms in the Ontario Human Rights Code, and only provisionally defined by Ontario Human Rights Commission (OHRC) policy, we argue that school boards constitute important actors engaged in constructing the meanings of these terms in policy and practice. In decentering courts and tribunals in our analysis, we aim to uncover the everyday practices of parallel norm-making taking place in the education context. These everyday practices shape how we collectively understand the meaning of "gender identity" and "gender expression." By carefully tracking these post-legislative developments, which rarely make their way into reported decisions, we suggest that human rights law reforms might open up space for the emergence of norms that allow people to do gender in a variety of ways. [ABSTRACT FROM AUTHOR]

The "new political history" can be enhanced and expanded with a focus on human rights. While the "old political history" was often politics abstracted from other elements of the historical experience, as Steven Pincus and William Novak describe, the "new political history" emphasizes structures of power and the use of a broader range of sources. A focus on human rights has the potential to alter how we understand Canadian history. In particular, the study of human rights broadens whom we consider "political actors" and enriches and develops our understanding of the expansion of politics through law, the history of liberalism and its relationship to Canada's rights revolution, and the influence of human rights principles on foreign policy. [ABSTRACT FROM AUTHOR]

This paper explores the dehumanization of criminalized refugee youth. The concept of "institutional humanism" is used to explicate how the ideology of humanism is deployed through the denial of rights to dehumanize, objectify, and animalize racialized and criminalized refugee youth in Canada, setting them in opposition to mainstream whites who are deemed normal, rational, and autonomous—in essence, human. Drawing on qualitative interviews with criminalized refugee youth and professional adults who work with them, the paper shows how institutional policy regulates inclusion in the human community by specifying who may be denied human rights. The interview data are set within the web of theoretical relationships among humanism, posthumanism, animalization, institutional policy, and categorizations based on race, gender, class, ability, age, and immigration status. The paper demonstrates how these theoretical nodes attain bolder relief when operationalized using a theory of performativity. In contrast to conventional analyses of dehumanization, rather than arguing for an extension of liberal humanism, the paper seeks a transformation away from humanism. Key Messages: "Institutional humanism" relies on the performative reproduction of nature/culture dualisms.Institutional policies and practices demarcate the human from the nonhuman and place criminalized refugee youth in the latter category through the denial of human rights.Intersectionality theory must incorporate species difference. [ABSTRACT FROM AUTHOR]

Copyright of Revue Generale de Droit is the property of Universite d'Ottawa, Section de Droit Civil and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Revue Generale de Droit is the property of Universite d'Ottawa, Section de Droit Civil and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Revue Generale de Droit is the property of Universite d'Ottawa, Section de Droit Civil and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Revue Generale de Droit is the property of Universite d'Ottawa, Section de Droit Civil and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Bulletin d'Histoire Politique is the property of L'Association Quebecoise d'Histoire Politique and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Canadian Journal of Law & Society/Revue Canadienne Droit et Societe (Cambridge University Press) is the property of Cambridge University Press and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The analysis of the positions taken by Canadian Jewish Congress on the issues affecting the repression of civil liberties and the infringement of the rights of religious non-Catholic minorities in Quebec in the decade following the Second World War shed new light on our understanding of the place held by representatives of the Jewish community in the social human rights movement in Canada. The CJC – the main voice of the community – in fact remained on the fringe of the movement protesting the Duplessis regime, refusing to condemn the Padlock Act and supporting the repression of the Jehovah's Witnesses and other religious minorities considered to be “seditious” or “subversive.” The controversies that ensued due to these positions demonstrate the ideological, regional, and class divisions the Jewish community and the “human rights community” were undergoing in the postwar period. They expose the tensions that existed within the CJC, between the leaders from Ontario and the Canadian West and their counterparts in Quebec, confronted more directly with the repressive “great darkness” and the pattern of inter-faith relations in this mainly Catholic province. On a theoretical level, this study demonstrates that human rights are a fluid discursive category that may be mobilized differently according to activists, based on their ideologies, their identities, their interests, and the local context in which they operate. [ABSTRACT FROM AUTHOR]

Copyright of Accounting Perspectives is the property of Canadian Academic Accounting Association and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Canadian Yearbook of International Law is the property of Cambridge University Press and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Description. Le thème du Congrès 2017 de l’Association canadienne des ergothérapeutes a suscité des réflexions sur les différentes manières d’orienter l’avenir de notre profession. But. Ce discours commémoratif Muriel Driver examine comment nous pourrions façonner l’avenir de l’ergothérapie afin qu’elle devienne plus importante, plus pertinente et plus avantageuse pour la société. Questions clés. Comme la participation occupationnelle est essentielle au bien-être humain et comme le bien-être fait partie intégrante des droits de la personne, l’ergothérapie pourrait promouvoir le droit de toute personne de participer à des occupations qui contribuent positivement à son propre bien-être et à celui de sa communauté. Conséquences. L’importance de l’ergothérapie pour la société sera manifeste lorsque nous nous concentrerons sans ambiguïté sur le bien-être, lorsque nous déploierons nos efforts au-delà de l’amélioration des capacités des individus dont la vie est déjà touchée par la maladie, les blessures ou les handicaps et lorsque nous aborderons les différents moyens d’atteindre le bien-être par la participation occupationnelle de toutes les personnes dont les possibilités—les occasions de faire ce que leurs capacités leur permettent de faire—sont contraintes de manière inéquitable. [ABSTRACT FROM AUTHOR]

Copyright of Canadian Journal of Law & Society/Revue Canadienne Droit et Societe (Cambridge University Press) is the property of Cambridge University Press and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Recherches Feministes is the property of Groupe de Recherche et d'Echange Multidisciplinaires Feministes and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Canadian Journal of Law & Society/Revue Canadienne Droit et Societe (Cambridge University Press) is the property of Cambridge University Press and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Background. Although the idea of occupational injustice pervades the occupational therapy literature, there has been little scholarly debate concerning this construct or the parameters of the five identified forms of occupational injustice. Purpose. The aims of this paper are to highlight conceptual confusions, foreground some inherent questions that have been neither acknowledged nor addressed, and question the theoretical and practical utility of five manifestations of occupational injustice. Key Issues. Few theorists have contributed to the occupational injustice literature. Significant definitional confusion exists concerning the five forms of occupational injustice with some forms described as subsets of others. The inherent problems of judging occupational injustice have not been addressed. Implications. If occupational injustice were understood as a violation of occupational rights—human rights to achieve well-being through occupation—many of the problems of identifying a situation of occupational justice or injustice would be resolved. Using the capabilities approach to human rights would facilitate this endeavour. [ABSTRACT FROM AUTHOR]

The present commentary documents how correctional authorities can capitalize on law-and-order politics, find new ways to advance their own agenda, and enjoy a certain degree of immunity from public scrutiny. It examines the impact on federal corrections of a decade of tough on crime policies in Canada, reviews correctional and conditional release statistics, and analyses trends that shaped federal corrections over that period. It also highlights how law- and- order politics can influence the internal culture of correctional authorities and human rights compliance. [ABSTRACT FROM AUTHOR]

La reconnaissance de la liberté de la personne humaine et des communautés en matière religieuse est un des acquis majeurs de Vatican II. Cet enseignement, qui renouvelait le discours de l'Église catholique en cette matière, n'a pas été acquis facilement lors du concile. Depuis, cet enseignement a montré des limites dans un contexte profondément marqué par le pluralisme religieux, des violences commises au nom de la religion et des replis identitaires conséquents. S'appuyant sur la dignité de la personne humaine et argumentant à partir d'une conception que l'on croyait commune et partagée de la nature humaine et d'une définition de la religion qui apparaît à plusieurs aujourd'hui comme trop occidentale, le droit civil à la liberté religieuse reconnu par le concile fait aujourd'hui à nouveau débat et appelle de nouveaux approfondissements. [ABSTRACT FROM AUTHOR]

Taking account of recent attention both to Canada's human rights history and to efforts to provide more nuanced examinations of Prime Minister John Diefenbaker's time in office, this article explores the place of human rights in Diefenbaker's foreign policy. In doing so, it examines the international context of Diefenbaker's Bill ofRights and other domestic achievements and looks also at the prime minister's handling ofSouth African apartheid, the issue of self-determination as it emerged at the United Nations, and rights violations in Communist countries. Concluding that there are some grounds to praise Diefenbaker, it argues, though, that the fiery prairie populist's rhetoric rarely matched reality. Despite considerable sound and fury, Diefenbaker's promotion of human rights broke little ground in terms of making the protection of rights a major focal point in Canadian foreign policy. [ABSTRACT FROM AUTHOR]

This review focuses on the human rights dimensions of creating and implementing physical standards for employment for prospective and incumbent employees. The review argues that physical standards for employment engage two fundamental legal concepts of employment law: freedom of contract and workplace human rights. While the former promotes an employer's right to set workplace standards and make decisions of whom to hire and terminate, the latter prevents employers from discriminating against individuals contrary to human rights legislation. With reference to applicable human rights legislative regimes and their judicial interpretation in Canada, the United States, the United Kingdom, and Australia, this review demonstrates the judicial preference for criterion validation in testing mechanisms in the finding of bona fide occupational requirements. With particular attention to the Supreme Court of Canada decision in Meiorin, this review argues that an effective balance between workplace safety and human rights concerns can be found, not in applying different standards to different groups of individuals, but in an approach that holds employers to demonstrating a sufficient connection between a uniform physical standard of employment and the actual minimum requirements to perform the job safety and efficiently. Combined with an employer's duty to accommodate, such an approach to lawful physical standards for employment conceives of worker and public safety and workplace diversity as emanating from a shared concern for human rights. [ABSTRACT FROM AUTHOR]

While the scope of the term physical employment standards is wide, the principal focus of this paper is on standards related to physiological evaluation of readiness for work. Common applications of such employment standards for work are in public safety and emergency response occupations (e.g., police, firefighting, military), and there is an ever-present need to maximize the scientific quality of this research. Historically, most of these occupations are male-dominated, which leads to potential sex bias during physical demands analysis and determining performance thresholds. It is often assumed that older workers advance to positions with lower physical demand. However, this is not always true, which raises concerns about the long-term maintenance of physiological readiness. Traditionally, little attention has been paid to the inevitable margin of uncertainty that exists around cut-scores. Establishing confidence intervals around the cut-score can reduce for this uncertainty. It may also be necessary to consider the effects of practise and biological variability on test scores. Most tests of readiness for work are conducted under near perfect conditions, while many emergency responses take place under far more demanding and unpredictable conditions. The potential impact of protective clothing, respiratory protection, load carriage, environmental conditions, nutrition, fatigue, sensory deprivation, and stress should also be considered when evaluating readiness for work. In this paper, we seek to establish uniformity in terminology in this field, identify key areas of concern, provide recommendations to improve both scientific and professional practice, and identify priorities for future research. [ABSTRACT FROM AUTHOR]

Copyright of Canadian Journal of Law & Society/Revue Canadienne Droit et Societe (Cambridge University Press) is the property of Cambridge University Press and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)