Familial relationships have been a growing topic of interest for human rights jurisprudence in the employment context. While lone-parent families are far from unique, courts and tribunals have yet to comprehensively address the interaction of family status discrimination and the childcare needs of lone-parent families. Using a feminist and historical framework, this paper analyzes the growing field of law concerning childcare accommodation and working parents. I argue that, by crafting jurisprudence within the context of two-parent households, courts and tribunals risk inadvertently silencing the unique childcare issues of lone-parent families, especially those families led by single mothers. To better address these issues, lawyers must encourage courts to issue judicial notice of the interaction between lone-parent families, gender, and precarious work.
Over a decade ago, in R v Golden, the Supreme Court of Canada set out clear guidelines on when a strip search complies with section 8 of the Canadian Charter of Rights and Freedoms (the “Charter”). Since that time, high profile cases have captured the public’s attention, signaling that police services continue to struggle with implementing the Golden principles. Cases such as R v Bonds—where Stacy Bonds was aggressively and illegally strip searched, including having her bra and shirt cut off by members of the Ottawa Police Service—remind us of this reality. Should Bonds and Darteh, both of whom are racialized, be considered isolated incidents of police misconduct, or do they reflect systemic disregard or indifference to the standards established by the Supreme Court of Canada in Golden? Ultimately, their experiences signal persistent systemic issues explored by the court.
The Windsor Review of Legal and Social Issues is excited to announce the launch of our Digital Companion, featuring the work of top presenters at our 7th Annual Canadian Law Student Conference.
Beginning on November 19th, the work of five exceptional Canadian law students will be featured in installments on our website.
Visit our Digital Companion page to learn more!
The Digital Companion is our first-ever digital issue, and exclusively features Canadian law student writing. We have selected the most promising student papers from our 2014 Canadian Law Student Conference, to be featured in the inaugural issue of the Digital Companion.
The Digital Companion is not peer-reviewed, but is otherwise subject to the same editorial process as our print volume. For information on how to submit articles to the Digital Companion, please visit our Submissions page.