LEAF The newsletter of West Coast LEAF VOLUME 18, NUMBER 1 JANUARY 2005 let Both Bertha Wilson and Claire issues in L’Heureux Dube were attacked for being places such reason feminists, activists, and dissenters, much as the Sudan like our two new appointments, particu- and Iraq. In to be larly , who have attracted November, A this label even before they had begun. she had the proud Protesters outside the Ottawa court passion and building on October 4, 2004 carried courage to he has placards denigrating them as radical femi- speak out T two new judges this fall, and they nists with an alleged history of biased against are both women. Four out of nine judgments against men in divorce pro- the Bush judges are now women in the top court ceedings and stressing the importance of Administra- in our land, an extraordinary statistic. We a “No” vote to same-sex marriage. I tion and should be proud that we live in a country haven’t made an exhaustive search of the question Jennifer Conkie that supports and promotes this achieve- archives, but I suspect that this was the the use of ment. When Madam Justices Rosalie first time protesters ever gathered at any unnecessary violence against unarmed Abella and joined Chief Supreme Court appointment, and the civilians in the current Iraq conflict. Justice Beverly McLachlin and Madam media paid attention. Another woman lawyer from our Justice in October to province, Senator Mobina Jaffer, is repre- form this remarkable foursome, they senting Canada in international work in made history for our Canadian legal sys- Simply by being present the Sudan, where genocide and systemic tem, and for women generally. rape are occurring. Look at other top courts similar to in the upper echelons of These women have made it to the top ours. In Britain, the House of Lords, decision-making and through their brilliance, determination aptly named, appointed its first woman and commitment. These women will judge just one year ago. In the United law-making, women change the world. Simply by being pres- States, two out of nine justices are do change the world. ent in the upper echelons of decision- women, Ruth Ginsberg and Sandra Day making and law-making, they do change O’Connor. the world. Indeed, where else in the halls of Justice L’Heureux Dube said it best, he truth is, the brilliance and power does one see women present in at her retirement speech, when answer- balance and frontier-breaking almost equal numbers to men? Take a ing the question, is the court being spirit of our Supreme Court is look around you, in the boardrooms and hijacked by feminists. She said, if so, it Tgender neutral. The weightiness of executive ranks of corporate North Amer- started a long time ago, and with male the Court’s decisions, and the wisdom ica, in politics, or in the professions. judges, not the women. She reviewed a therein, come from the consolidation Women are not present and participating line of decisions going back to Chief Jus- of nine great thinkers sharing and co- in anything like equal numbers with men. tice Laskin’s dissent in Murdoch, which creating a body of work. The animus or turned into the majority decision in nly seventy-five years ago, guiding spirit of the Charter assists them, Rathwell five years later, and then men- women couldn’t vote. And just and the values and experiences of each tioned many of Chief Justice Brian Dick- over twenty years ago, the judge informs them. The Court’s deci- O son’s famous Reasons following that. Supreme Court of Canada was still an sions themselves stand or fall, and evolve I return to the pride we should take in exclusive male domain. Since then, we over time, because of the cohesion and the women who have achieved these have had the likes of Judges Bertha the dynamic of the entire group and each lofty heights, though. With Justice Wilson, Claire L’Heureux Dube and continued on page 3 Arbour now the United Nations High , all retired now from the Commissioner for Human Rights, a This article is based on remarks made at a Supreme Court, offer leadership and powerful position on the world stage, she talk given by Jennifer Conkie at the Lang- vision on key legal issues. advises the UN on critical human rights ley Person’s Day event held in October 2004. NSIDE West Coast LEAF hosts IWest Coast LEAF Consultation on Women’s THE 10TH ANNUAL VICTORIA PER- Equality & Religious Freedom SON'S DAY BREAKFAST held in October was a resounding success attended by over 200 s sexual equality threatened by free- doubt that women throughout the guests. Thanks to all the sponsors, silent auction Idom of religion? On December world are victimized by male-domi- contributors and those who contributed in-kind 2–5, 2004, West Coast LEAF hosted nated religious practices. As partici- services. A special thanks to all the volunteers 40 participants who included women pants from Bountiful and those whose hard work enabled the event to happen, from different communities of faith, representing the Canadian Council of especially the students and faculty at UVic Law community activists, lawyers and Muslim Women and Mouvement School and the staff of Woodward and Compa- scholars in a Consultation on Women Ontarien des Femmes Immigrantes ny law firm. Most of all we thank the guests for and Freedom of Religion. Francophones (MOFIF) stated, coming and hope you enjoyed the event. We The three day event started with women within these communities are greatly appreciate your support and look for- Debbie Palmer, a former member of certainly no exception. Women are ward to seeing you all again next year! the polygamous Mormon community made more vulnerable by religious in Creston B.C. called Bountiful, accommodation laws that have the MANY THANKS TO JILLIAN ROUSSELLE, describing her experiences of abuse effect of placing power in the hands an SFU student who recently completed a four and violence in the of a male elite and month practicum with West Coast LEAF. We community. It that rely on the greatly appreciate the work she did with us and ended on Sunday facile notion that will miss having her in the office on a daily basis. afternoon with a Until recently the women can just Jillian took a moment to share a few words West Coast LEAF leave their commu- about her experience. post-consultation province has nities if they don’t “I came to West Coast LEAF in September roundtable at which refused to enforce like its practices. on a Criminology field placement. My title was members discussed Participants came “Bountiful Consultation Coordinator,” and the an action plan. sexual assault laws, to understand that majority of my duties were focused around the The Consultation the discussion of consultation on Women’s Equality and Reli- focused on the claiming the men Shari’a law’s applica- gious Freedoms, which turned out to be a potential impact of Bountiful may tion in the broader great success. We had participants from across that the accommo- legal system is also Canada take part, and discussed important dation of religious have a religious affected by the post issues such as the polygamous situation in minorities will have 9/11 atmosphere in Bountiful, BC and the implications of Shari’a on women’s equali- freedom defense. Canada, which has law on different groups of Canadian women. ty. Two issues were the effect of isolating Overall, the consultation was very informative focal: the experi- and threatening the and I believe that the information that came ences of women in Bountiful, and the Muslim community. In addition, the out of it will be a useful tool in helping West potential introduction of Shari’a law wide diversity of views passionately Coast LEAF decide what position it should in private arbitration in Ontario. held within Canada’s Muslim com- take on the various issues that were discussed. Both issues proved to be more munity about Shari’a and about cul- “My experience with West Coast LEAF was complex as the discussion progressed tural accommodation more generally positive in many respects. It gave me the through the weekend. On one hand, also influences the discourse. opportunity to work with the amazing staff. It the accommodation of religious free- A different set of confounding allowed me the chance to get involved in many dom is a recognized means by which issues make the situation of Bountiful of the important initiatives of West Coast all people, including women of faith, complex. Though polygamy as it is LEAF. Finally, it helped solidify my decision to are treated with equal respect in practiced in communities like Bounti- go on to law school. In fact, I enjoyed my time Canadian society. So denying reli- ful creates abusive and dangerous sit- at West Coast LEAF so much that despite the gious freedom by curtailing the rights uations for women and children, the fact that my practicum has come to an end, I of women to practice their faith, may polygamy laws in the Criminal Code have decided to continue volunteering with be a form of religious discrimination were written long before the exis- West Coast LEAF on a weekly basis. I believe and may display less than full respect tence of the Charter and there is that the organization is involved in some very for the agency to women of faith. great debate as to their enforceability. important work and I feel grateful for having At the same time, there is no However, the federal government been able to be a part of it.” continued on page 4 omen in Canada have worked for Wthe better part of a century for equality, but not until the Canadian Charter of Rights and Freedoms was passed in 1982 did women finally achieve full political and economic equality with men. Still, it would take three more years before section 15 of the Canadian Char- ter of Rights and Freedoms, which for- mally entrenched women’s equality within the Canadian Constitution, would become law in 1985. To celebrate the 20th anniversary of 20TH ANNIVERSARY the equality requirements, West Coast EQUALITY CONFERENCE LEAF and the National Association of Women and the Law (NAWL) are which is part of the supreme law of women’s rights. While providing infor- hosting a national Canada, prohibits discrimination by any mation on the law, equality and discrimi- conference in Van- level of government on the nation, the Conference will offer a couver from April 28 basis of race, national or eth- unique opportunity to meet, strategize to May 1, 2005 at the nic origin, colour, religion, and share information with lawyers, com- Hilton Vancouver gender, age, disability, sexual munity workers, activists and others from Metrotown Hotel. orientation, and other across the country. But beyond the dis- The focus of the grounds. cussion, action plans will be developed to Conference is the Much has changed for further advance women’s rights. 20th anniversary of women in Canada, yet there For sponsorship, registration or gener- the equality rights provi- are many inequities that still al information on this exciting event, visit sion (section 15) of the need to be remedied. This Con- www.equalityconference.com or email Charter. Section 15, ference will provide a forum for discus- [email protected]. sions on how the Charter affects

Jennifer Conkie on equality accomplishments continued from page 1 member of the group’s part. unheard. Therefore, with our particular It is critical that these judges must be LEAF pushes the interest in representing the interests and independent. They must not be heckled values of women, it is encouraging and or placarded so as to interfere with the margins, thinks outside empowering for us to know that almost essence of what they do best. They must half the bench of the Supreme Court of be free to perform their responsibilities the box, and asks Canada is women. Not because we without intimidation, and the public, in the Court to join it expect a better reception from women turn, has to know that the courts func- than from men, let’s be clear. We are not tion independently and impartially. That in this forward thrust. simplistic about this. We know full well is a hallmark of democracy as we know it. that a male judge could be a better lis- Because LEAF does its work on the crimination, abuse, intimidation and fear tener and more empathic and wise than a leading edges of the main body of the are distinct, usually, from those who run female judge. law, we care deeply about this issue. our nation and our government. We Why do we take comfort from this LEAF pushes the margins, thinks outside need to feel confident that our judges are new statistic, then? Because our nation the box, and asks the Court to join it in free to interpret and apply our laws in has created the conditions that have this forward thrust. Judicial independ- the most purposeful and broad way pos- allowed this to happen. It’s that simple. ence, courage and creativity are impor- sible , to ameliorate the inequalities that Whatever you may think of Prime Minis- tant to us. We want the Court to think still exist for the disenfranchised and ter and the Liberal Party, expansively and in evolving ways about silenced members of our society. they have had the courage, in the face of human rights, about what is fair and just We at LEAF are a voice for those who a potential backlash and conservative crit- for the more marginalized members of cannot find their voice, fear they lack a icism, to appoint two women to fill two our nation. Those who experience dis- voice, for those whose shouts have gone vacancies. Our expectations are high. Transforming Our Future workshop in Victoria n October 27th and 28th, West designed to provide frontline workers, OCoast LEAF was in Victoria to pres- advocates and others with an opportuni- ent our two day workshop Transforming ty to learn about West Coast LEAF and Our Future: Legal Strategies in the ‘New LEAF’s work, get a crash course in Era’. There were 16 registrants from a equality rights theory and law, and variety of organizations including anti- explore the legal strategies available when poverty groups, a disability resource cen- an equality rights issue is identified. The tre, a transition house in Tofino, and a final day of the workshop is a highly par- staff representative from the BC Govern- ticipatory exercise in building legal EQUALITY ment and Service Employees Union, strategies. which generously donated their class- West Coast LEAF hopes to take the BREAKFAST 2005 room space. workshop to Surrey and Nanaimo in the ROBERTA JAMIESON, former Chief Transforming Our Future was new year. of the Six Nations Band in Ontario, an internationally recognized expert in con- Equality & religious freedom continued from page 2 flict resolution, and the first aboriginal woman in Canada to achieve a law remains convinced that the Criminal people in Bountiful need to be consistent degree will be the guest speaker at West Code prohibitions relating to polygamy with LEAF’s commitment to a diverse Coast LEAF’s 18th Annual Equality are in accordance with the Charter. Until understanding of family. A subcommittee Breakfast, Friday March 4 at the Hyatt recently, however, the province has has been struck to continue the develop- Regency Hotel. refused to enforce these laws, or any of ment of legal arguments that might be As part of our 20th anniversary cele- our sexual assault laws in Bountiful, presented if criminal charges are laid, and brations the 2005 Equality Breakfast will claiming the men of Bountiful may have in the context of a case presently before showcase the contributions of West Coast a religious freedom defense. The B.C. the BC Human Rights Tribunal against LEAF and LEAF to women’s equality in government’s position has remained the some government ministries regarding Canada. Mark your calendar and start same since 1993. their inaction on Bountiful. rounding up your friends and colleagues In the consultation, West Coast LEAF to book a table early. Sponsorship infor- recognized the complexities of the crimi- mation packages are now available. Watch nalization of polygamy – the legal argu- WEST COAST LEAF ASSOCIATION for further ticket details in January 2005. ments that might be made to help the 555– 409 Granville Street, Vancouver, BC V6C 1T2 Phone: (604) 684-8772 Special thanks to those donors who give to Fax: (604) 684-1543 hank West Coast LEAF every month. Your contributions E-mail: [email protected] increase the sustainability of our work. Web: www.westcoastleaf.org you! Office hours: 9 am – 5:00 pm MONTHLY DONORS Monday to Friday T♦ ♦ ♦ ♦ ♦ ♦ Mary I. Atkins Christine Basque Barbara Britton Tracey Brown Lynn Copeland Rosalind Currie Pat LEAFlet is the newsletter of the B.C. branch ♦ ♦ ♦ ♦ ♦ ♦ Dewhirst Elizabeth Dunn Brenda Edwards Amy Frances Kerry-Lynne Findlay Frances Gordon Anna of the Women’s Legal Education and Action Helmer ♦ Audrey M. Johnson ♦ Carolyn MacEachern ♦ Francesca Marzari ♦ Cherlyn McKay ♦ Ruth Miller ♦ Karen Fund. LEAFlet is published quarterly. Please Munro ♦ Alisa Noda ♦ Stephanie Reifferscheid ♦ Edith Shafer ♦ Rebecca Shields ♦ Mary-Woo Sims ♦ Eloise address all correspondence to LEAFlet editor. Spitzer ♦ Veronica Strong-Boag ♦ Eileen Vanderburgh ♦ Duff Waddell ♦ Sheryl Wagner ♦ Alison Zimmerman e-mail: programdirector@ westcoastleaf.org Donors and members between September 21 and December 10, 2004 Editorial Direction: Audrey M. Johnson Sylvia Anderson ♦ Dorothy Beckel ♦ Grace Bellamy ♦ Elizabeth Bennett ♦ Mary Ann Bobinski ♦ Diana Chown ♦ Lindsay Waddell Faye Cooper ♦ Barbara Cullen ♦ Lorraine Dixon ♦ Mary Doherty ♦ Marie Dussault ♦ Stephanie Fraser ♦ Shirley Writing: Audrey M. Johnson & Alison Brewin Friend ♦ Sara Frisch ♦ Crissy George ♦ Rod Germaine ♦ Rose Hare ♦ Dr. Judith Hall ♦ Lucette Hansen ♦ Sharon Harowitz ♦ Jean Harris ♦ Arlene Henry ♦ Lillian Holeton ♦ Betty Hopkins ♦ Blanche Howard ♦ Claire Marie Jadot LEAF is a national organization committed to ♦ Darlene Jamieson ♦ Audrey M. Johnson ♦ Joy Korman ♦ Robert Krell ♦ Kathleen Kulpas ♦ Shirley LeBrasseur promoting women’s equality before Canadian ♦ Janet Lundman ♦ Ann Maffey ♦ Leslie MacLean ♦ Lucie McNeill ♦ Mary Anne McWaters ♦ Margaret Martin ♦ courts, government agencies and human rights Fraidie Martz ♦ Daphne Morrison ♦ Sarah Munro ♦ Marian Pocock ♦ Amber Prince ♦ Margaret Ramsay ♦ Arvilla commissions; and to providing public legal edu- Read ♦ Nancy Richler ♦ Carol Rosset ♦ Aileen Scott ♦ Ann Senae ♦ Theresa Stowe ♦ Nicole Todosichuk ♦ Eileen cation on the issue of equality Vanderburgh ♦ Elizabeth Vogt ♦ June Vos ♦ Claire Young ♦ Sheryl Wagner ♦ Susan Wallach ♦ Frances Watters ♦ rights for women. West Coast Yvonne Thoraleen Wheatley ♦ Vi-Anne Zirnhelt ♦ The Hamber Foundation ♦ Estate of Joanne Browne LEAF is supported by: