DOCSLIB.ORG

A Study of the History of Child Protection Law and Jurisprudence in Nova Scotia

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
A Study of the History of Child Protection Law and Jurisprudence in Nova Scotia ON THE “POVERTY OF RESPONSIBILITY”: A STUDY OF THE HISTORY OF CHILD PROTECTION LAW AND JURISPRUDENCE IN NOVA SCOTIA by Ilana Dodi Luther Submitted in partial fulfilment of the requirement of the degree of Doctor of Philosophy at Dalhousie University Halifax, Nova Scotia August 2015 © Copyright by Ilana Dodi Luther, 2015 DEDICATION PAGE To my husband. ii Table of Contents ABSTRACT .......................................................................................................... v ACKNOWLEDGEMENTS ................................................................................... vi Chapter 1: Introduction: ..................................................................................... 1 On the “Poverty of Responsibility”: A History of Family Law for the Poor ............. 1 Child Protection Law and Families in Poverty ....................................................... 8 A Critical Historical Analysis of Child Protection Law in Nova Scotia .................. 20 A Feminist Understanding of the Social Regulation of Families in Poverty............ 27 Psychiatry and the Social and Legal Regulation of the Family in Poverty ............. 36 Chapter 2: 19th Century Nova Scotia: The Breakdown of the Victorian Family and the Emergence of Cruelty to Children as a Legal Problem ................... 59 The Legal Regime of the Victorian Family ........................................................... 64 Proliferation of Domestic Relations Legislation in Late 19th Century Nova Scotia .................................................................................................................. 76 Philanthropy, the New Child and the New Poor Law ............................................ 90 The Introduction of Canada’s First Child Protection Act ................................... 111 Acting “in the Shadow of the Law”: Daily Work of the Society ........................... 123 Conclusion ........................................................................................................ 136 Chapter 3: 1908-1940s: The Rise of Delinquency, the Normal Child and Socializing Justice in Nova Scotia ................................................................ 142 The Juvenile Delinquents Act, 1908, the Children’s Protection Act, 1912 and the Creation of the Juvenile Courts ......................................................................... 148 The Structure of Child Welfare in Halifax in the early Twentieth Century ......... 160 The Socializing Work of the Institutions ............................................................ 166 Socializing Justice: The Role of the Juvenile Court ............................................. 184 Socialized Justice versus Liberal Legalism: 1926-1940 ........................................ 204 Conclusion ........................................................................................................ 211 iii Chapter 4: 1940s- 1980s: Deinstitutionalization, Natural Parental Rights and the Rise of the “Unmarried Mother-Headed family” as a Legitimate Family ......................................................................................................................... 219 The Creation of Nova Scotia’s Provincial Public Assistance Regime ................... 224 De-Institutionalization, Familialization, and the Changing Role of the Halifax Children’s Aid Society ....................................................................................... 238 The Jurisprudence of “Natural Parental Rights”................................................ 257 The Contingency of Natural Parental Rights ...................................................... 269 The Legacy of the “Parents’ Rights Trilogy” in Nova Scotia and the Medico-Legal Regulation of the Unwed Mother ....................................................................... 275 Introduction of the Children’s Services Act ......................................................... 284 Conclusion ........................................................................................................ 295 Chapter 5:1980s to Present: Risk & Responsibility in Child Protection Jurisprudence ................................................................................................. 301 A Child-Centered System of Child Welfare ........................................................ 305 Legislating a Least Intrusive Model of Child Protection ..................................... 315 Neoliberal Restructuring of the Welfare State .................................................... 324 The Changing Nature of Social Work: The Shift to Risk Assessment .................. 330 From Objective Harms to Risk of Maltreatment ................................................ 343 Judicial Interpretation of Risk of Harm to the Child .......................................... 361 Justifying Services under the Residual Model of Child Protection ...................... 384 The Interconnection of Services and Time Lines ................................................ 387 Failure to Scrutinize the Adequacy of Services ................................................... 398 Conclusion ........................................................................................................ 404 Chapter 6: Conclusion: Rethinking Autonomy for Marginalized Children and Families ........................................................................................................... 412 A Supportive Legal Concept of Family Autonomy .............................................. 422 Proposed Amendments to the CFSA .................................................................. 435 Bibliography .................................................................................................... 448 iv ABSTRACT This thesis presents a history of child protection law and jurisprudence in Nova Scotia. The thesis begins by examining the development of the first child protection statute in Canada, the Nova Scotia Prevention and Punishment of Wrongs to Children Act in 1882. The Act was developed amidst a climate of reform in late-19th century Halifax, at the urging of the Society for the Prevention of Cruelty to Animals. The Act, along with a number of other pieces of “domestic relations” legislation at the time, was focused on protecting children in poverty. With the passing of the Act, the legislature not only set out the harms to children that would justify an intrusive intervention into the family, but it affirmed the presumption of family autonomy in a liberal society. In this thesis, I detail how, through history, the defining, adjudicating and remedying of harm to children through child protection law and jurisprudence has helped to construct the division between the public sphere and the private sphere of the family in poverty. I explore how the divide has shifted over time, responding to new ideas from welfare professionals about harm to children and their best interests, as well as social policies setting out the proper relationship between the family and the state. I show how, despite the fact that knowledge of what constitutes harm to children has shifted significantly over time, families marginalized at the intersection of poverty, racism, sexism and ableism have always been more likely to be constructed as “dissolute”, “unfit” or “risky”, justifying a coercive intervention into the family and the denial of state support. Without subjecting concepts of harm and best interests to critical analysis, child protection law and jurisprudence will continue to perpetuate the same processes of subordination based on race, class, gender and ability that render the child vulnerable in the first place. I conclude with recommendations for a supportive legal concept of family autonomy for socio-economically marginalized families. v ACKNOWLEDGEMENTS I would like to very gratefully acknowledge the contribution of my committee members, Dr. Alexandra Dobrowolsky and Prof. Sheila Wildeman, who have both provided me with their incredible insight, guidance, and patience over the past six years. I would especially like to thank my extremely patient, giving, and knowledgeable supervisor, D.A. Rollie Thompson, QC. For anyone who has had the privilege of working with Prof. Thompson you know that he is a wonderful teacher, scholar and mentor. I feel incredibly privileged to have been able to take up so much of his time. I also feel very privileged and grateful to have had such a wonderful external examiner. Prof. Susan B. Boyd’s work had a significant impact on this thesis from the beginning, and to meet her at the end of this journey and get her feedback was an incredible gift. Of course to my parents, Michael and Maureen Luther, to whom I “chalk” up my love of learning, and thank immensely for facilitating a passion which admittedly has gone on for probably too long. I thank my loving grandmother, Agnes Freeman, former nurse, welfare caseworker, and current mentor. And especially my husband, Piotr Stanisław Łuczak, who is just all around super great and understanding. vi Chapter 1: Introduction: On the “Poverty of Responsibility”:1 A History of Family Law for the Poor This thesis is about families in poverty. It is about how law has helped to construct the family in such a way as to address this poverty. This might seem counter-intuitive as we generally understand the state and government – ie., the public sphere – as having responsibility for the social welfare programs that help people in poverty. The family, by contrast, is a sphere of private, domestic
Load more

Recommended publications
  • Mortgage Defaulting Premiers Ask Caution
    : P~OV]:N~ r_,-~ ' , : ,.r~.', ..,.....,~ ''~," PARLI~T.-:;: ' ~';,'~ ;3 YX(II'O!~[A (J L; Winter• food hikes ar e on th e way annualOTTAWA autumn (CP) drop in foodThe level at the same time last The index is based on a mers to raise fluid milk beef prices. This puts the they jumped by 2.8 per cent would be greater if apples The beard recommends year. survey of a typical basket of . prices by two cents a quart beef component of the index during October. prices has. ended, says the . The board blames the in- 68grocery items in 60 super- Oct. 1. had not dropped in price by consumers take advantage 4l.S per cent higher thanone Tl~e board blames ad- 10.4 per cent as the new federal anti-inflation board, crease on higher prices for markets across Canada. Although retail beef prices of cheap apples to bring In its monthly report on beef, pork, oranges and most Milk costs were up one per year ago. vanees in the price of ira- harvest came on the market. down the cost of its weekly have not climbed back to Pork prices have also risen ported oranges-combined Fresh vegetabJe prices food prices, the board says fresh vegetables. The only cent during October. The zheir mid-summer peak nutritious diet. its foodat-home price index ' bright spots in the food doard attributed this in- substantially, partly because with the low value of the were up 3.6 per cent. This The diet, which fulfills all prices, there was a 5.8-per- consumers are buying pork Canadian dollar-- for most increase also was attributed L Jumped during October by survey were a decline in the crease to a decision of the cent jump in prices for the nutrition requirements for a 1.9 per cent.
    [Show full text]
  • Seven Vie for Three Council Seats the Daily Herald
    !,E,]I~I.,'~'/.~ I.~:~?: ~:Y, C~:£P.77178 : . ,:.. ,'.". :.. • ~,~ ..., :.. V8V-l>;~ Mayor acclaimed t~.rry Duffas John McCormac Lily Mielson Alan Sontar Seven vie for three council seats '-: ": .Dave Maroney Jack Tals/ra Doug Mumford Helmut Giesbreeht BY DONNA VALLIERES years. No one opposed Helmut Giesbrecht and two years, has said he Gerry Duffus, a former and varied issues but must of Skeenaview Lodge. assist the present ad- ., :.HERALDSTAFF WRITER Maroney for the mayor's Jack Talstra, also filed wants to continue because alderman on Terrace continue the important Lily Mielsen, lists herself ministration m becoming seat, so he will be elected by. nomination . papers he's practically/an old hand council who describes functions of looking after on her nomination papers- more efficient and thus put '. "Th_i_ngs .have definitely as a domestic engineer. She to better use the tax ~d~d up oa .the local acclamation. yesterday. at council business, himself as a property sewage, drainage, roads "electina scene with a sur- As for the ~est of council, Giesbrecht, a teacher with and sxdewalks. said "you must get in- dollar." seven persons have an- two years experience on Painter John MacCorrnac volved" in order to un- A more aggressive ~Prldng,vnsh of candidates campaign should be m effect declaring their intentions nounced their bids for three council, has stated he will will try for the first time to derstand an issue." aldermanic seats up for seek re-election because of. More election news enter municipal politics as • A resident of Terrace to r~luce the big overhead ~a~lnd~Y,f~ nomination since 1959, Mielsea said she on the arena and swimming • _ positions on grabs this term.
    [Show full text]
  • Girl's Death,Likely WELCOME, NEW CANADIANS!
    LfSLAT£VS LIBrARy, c0k~. 77/7B q 0K[A. ~*~ VOLUME 72 NO. 55 '~ 20C TUESDAY, MARCH 21, 1978 Girl's death,likely WELCOME,NEW CANADIANS! ,nEngiand caused by falling Hunt bogus "irish" Injuries to thebody of a 16 yearold girl found Dr. from Vanoouver • under the old Skeena Bridge Saturday were consistent with a fall or jump from the bridge, LONDO (CP) An in- NO ONE HURT according to an autopsy•held Sunday night ternatlonal police htmt has Surgeons at beth hospitals started for a bogus dsctor-- have rechecked all the oper- Te'rraee RCMP said, Monday.. ' believed to be Irishwho may ations in which he was in- The body. of Rose .Marie Young, of Terrace, have spent some time in volved and say they are was found atabout 2:30 p.m. by two cyclists. Vancouver. satisfied that no patient Police set up road blocks at both ends of the Interpol is looking for a suffered as a result. 'bridge for approximately 20 hours while the body man who calls himself Frank Kenneth Porous-Wright, Murphy or Gerald Frank Redhill district health ad- was removed. Wmdon. ministrator, said: "0b- An inquest into the girl's death will be held, Police here say the man vioasly the chap is a bit of a although a date has not yet been set. they want operated on crank. He must love the According to a police Spokesman, RCMP are patients at two Surrey work in some way. He must hospitals before he was also be quite confident that not saying whether foul play is suspected.
    [Show full text]
  • The Crisis of Child Custody: a History of the Birth of Family Law in England, 11 Colum
    University of Florida Levin College of Law UF Law Scholarship Repository Faculty Publications Faculty Scholarship 1-1-2002 The rC isis of Child Custody: A History of the Birth of Family Law in England Danaya C. Wright University of Florida Levin College of Law, wrightdc@law.ufl.edu Follow this and additional works at: http://scholarship.law.ufl.edu/facultypub Part of the Common Law Commons, Family Law Commons, and the Women Commons Recommended Citation Danaya C. Wright, The Crisis of Child Custody: A History of the Birth of Family Law in England, 11 Colum. J. Gender & L. 175 (2002), available at http://scholarship.law.ufl.edu/facultypub/219 This Article is brought to you for free and open access by the Faculty Scholarship at UF Law Scholarship Repository. It has been accepted for inclusion in Faculty Publications by an authorized administrator of UF Law Scholarship Repository. For more information, please contact outler@law.ufl.edu. THE CRISIS OF CHILD CUSTODY: A HISTORY OF THE BIRTH OF FAMILY LAW IN ENGLAND DANAYA C. WRIGHr Ask-may the victim of a hasty vow Ne'er seek release nor remedy? Ah no! A maiden once enclosed in nuptial ties Must wear herfetters till she sins or dies; And suffer as she may, within these bounds, No curefor sorrows and no balm for wounds. Such finished torture England'scode can boast; A formalframework, which at woman's cost, Flings a disguise o'er ruthless tyranny, And drugs men 's conscience with a special tie. 1 -Harriet Grote (1853) Associate Professor of Law at the University of Florida's Levin College of Law.
    [Show full text]
  • Individualism, Privacy, and Poverty in Determining the Best Interests of the Child
    Oberlin Digital Commons at Oberlin Honors Papers Student Work 2019 Individualism, Privacy, and Poverty in Determining the Best Interests of the Child Dena Jolie Miller Oberlin College Follow this and additional works at: https://digitalcommons.oberlin.edu/honors Part of the Political Science Commons Repository Citation Miller, Dena Jolie, "Individualism, Privacy, and Poverty in Determining the Best Interests of the Child" (2019). Honors Papers. 132. https://digitalcommons.oberlin.edu/honors/132 This Thesis is brought to you for free and open access by the Student Work at Digital Commons at Oberlin. It has been accepted for inclusion in Honors Papers by an authorized administrator of Digital Commons at Oberlin. For more information, please contact megan.mitchell@oberlin.edu. 1 Individualism, Privacy, and Poverty in Determining the Best Interests of the Child Dena Miller, Politics and Law & Society, Harry Hirsch Honors Thesis April 12, 2019 Abstract This thesis explores the guiding legal standard in child custody law, that custody should be decided ‘in the best interests of the child.’ I begin with the most common critique of the best interests standard: that it is too vague, allowing for the personal biases of judges to play too great a role in custody decision-making. I challenge this critique by examining the standard in a different context, shifting from divorce proceedings to the child welfare system, to ask how the vagueness of the standard is mobilized differently in child protective proceedings. I argue that it is not the individual biases of judges, but rather the historic, systemic biases, enabled by the vague standard, which predominantly harm families and children.
    [Show full text]
  • Student Surveys of Policy Issues Related to Children. INSTITUTION Boston Univ., Mass
    DOCUMENT RESUME ED 113 234 SO, 008 611 AUTHOR Rebelsky, Freda 0 TITLE Student Surveys of Policy Issues Related to Children. INSTITUTION Boston Univ., Mass. School of Law. SPONS AGENCY Office of Child Development (DREW), Washington, D.C. PUB DATE 72 NOTE 109p. EDRS PRICE 8F-$0.76 HC-$5.70 Plus Postage DESCRIPTORS Child Advocacy; Child Care; *Child Development; Educational Research; *Field Studies; Health. Services; Higher Education; Interdisciplinary Approach; Legal Aid; Legal Problems; Mental Health; *Program Evaluation; *Research Projects; *Social Problems; Student Projects ABSTRACT This project is a prototype study which investigates the interaction of graduate students from different disciplinary backgrounds and different educational institutions in exploring social and public policy issues rela,ted to children. The results and evaluation of the research program are presented in this document. Divided into three teams, the students examined three social issues in relation to child development:(11 legal probltms of providing medical care to minors; (2) treatment of children in state mental health facilities; and (3) advocacy and lobbying for children. Three reports from these student teams follow the explanation of the Study. The report concludes that small and delimited research projects can profitably and successfully be Completed,by small teams of graduate students provided that the scope of the research is carefully delineate-d-..and established in advance,, the groups are small and the tasks well structured, and the projedts are closely supervised by staff. (Author/JR) *****************************************************4***************** Documents acquired by ERIC include many informal unpublished * * materials not available from other sources. ERIC makes every eff4-i * *.to obtain the best copy available.
    [Show full text]
  • Accession No. 1986/428
    -1- Liberal Party of Canada MG 28 IV 3 Finding Aid No. 655 ACCESSION NO. 1986/428 Box No. File Description Dates Research Bureau 1567 Liberal Caucus Research Bureau Briefing, Book - British Columbia, Vol. I July 1981 Liberal Caucus Research Bureau Briefing, Book - Saskatchewan, Vol. I and Sept. 1981 II Liberal Caucus Research Bureau Briefing, Book - Alberta, Vol. II May 20, 1981 1568 Liberal Caucus Research Bureau Briefing, Book - Manitoba, Vols. II and III 1981 Liberal caucus Research Bureau Briefing, Book - British Columbia, Vol. IV 1981 Elections & Executive Minutes 1569 Minutes of LPC National Executive Meetings Apr. 29, 1979 to Apr. 13, 1980 Poll by poll results of October 1978 By-Elections Candidates' Lists, General Elections May 22, 1979 and Feb. 18, 1980 Minutes of LPC National Executive Meetings June-Dec. 1981 1984 General Election: Positions on issues plus questions and answers (statements by John N. Turner, Leader). 1570 Women's Issues - 1979 General Election 1979 Nova Scotia Constituency Manual Mar. 1984 Analysis of Election Contribution - PEI & Quebec 1980 Liberal Government Anti-Inflation Controls and Post-Controls Anti-Inflation Program 2 LIBERAL PARTY OF CANADA MG 28, IV 3 Box No. File Description Dates Correspondence from Senator Al Graham, President of LPC to key Liberals 1978 - May 1979 LPC National Office Meetings Jan. 1976 to April 1977 1571 Liberal Party of Newfoundland and Labrador St. John's West (Nfld) Riding Profiles St. John's East (Nfld) Riding Profiles Burin St. George's (Nfld) Riding Profiles Humber Port-au-Port-St.
    [Show full text]
  • Annexes Supplémentaires Et Photos
    ANNEXES SUPPLÉMENTAIRES ETannexe PHOTOS 2 Tableaux : L’immigration arabe au Canada L’immigration arabe au Canada TABLEAU A Chiffres du recensement : les Arabes au Canada, par origine ethnique Années Arabes 1911 7 000 1921 8 282 1931 10 753 1941 11 857 1951 12 3011 1961 19 374 1971 26 665 1981 60 6852 1986 72 3153 1. La catégorie « syrien » de 1951 disparaît du recensement pour être remplacée par « syriens-libanais » en 1961 et 1971. Le recensé ne peut déclarer qu’une seule origine ethnique, correspondant aux antécédents paternels, est-il précisé. 2. En 1981, le recensé peut désormais indiquer plusieurs origines ethniques, mais ces résultats n’ont pas tous été publiés. Nous avons additionné les chiffres pour les origines : Arabes asiatiques 50 140 (Libanais : 27 320, Syrien : 3 455, Palestinien : 1005 et autres), Arabes nord-africains 10 545 (dont 9 140 Égyptiens). 3. Le tableau pour le recensement de 1986 propose une catégorie « origines arabes » dans laquelle il y a plusieurs sous catégories : Libanais (29 345), Syrien (3 045), Palestinien (1 070), Égyptien (11 580) et autres Arabes (27 275). 274 Se dire arabe au Canada Tableaux : L’immigration arabe au Canada 275 TABLEAU B Admissions en provenance du monde arabe au Canada TABLEAU C Statistiques Canada : origine ethnique des immigrants, par année 1946-1955 Années Syriens4 Année Syriens Arabes Libanais Égyptiens Total 1880-1890 50 1946 11 11 1890-1900 1 500 1947 25 1 26 1900-1910 5 500 1948 31 5 36 1910-1920 920 1949 72 25 97 1920-1930 1 100 1950 54 29 83 1930-1940 933 1951 229 52 281 1940-1950 192 1952 242 73 315 Années Total, pays arabes5 1953 227 18 245 1950-1960 5 000 1954 253 15 268 1960-1970 22 945 1955 118 56 208 17 399 1970-1980 30 635 Total 1 262 274 208 17 1 761 1980-1990 59 155 1990-2000 141 005 Source: Immigration statistics, Department Immigration and Citizenship, Canada.
    [Show full text]
  • Revisiting the Presumption of Legitimacy in the Same-Sex Couples Era
    ARTICLES PRESUMING WOMEN: REVISITING THE PRESUMPTION OF LEGITIMACY IN THE SAME-SEX COUPLES ERA ∗ SUSAN FRELICH APPLETON INTRODUCTION ............................................................................................... 228 I. TRACING THE PRESUMPTION’S TRAJECTORY IN TRADITIONAL CASES .................................................................................................. 232 II. PRESUMING WOMEN: LESBIAN COUPLES............................................ 237 A. A Gendered Rule in an Increasingly Gender-Neutral Regime .... 237 B. Extending the Presumption.......................................................... 240 C. Revisiting the Presumption’s Objectives and Policies in This New Context ................................................................................ 242 1. Child Welfare ........................................................................ 243 2. Public Funds.......................................................................... 246 3. Public Norms: The Model Family......................................... 248 4. Patriarchy and Husbands’ Vanity.......................................... 251 a. “Biological Reality” Versus Appearances...................... 251 b. Ownership of Children .................................................... 255 III. THE PROBLEM CHILD: GAY MALE COUPLES....................................... 260 A. Extending the Presumption to Men: Ignoring Gestation or Recognizing Three Legal Parents................................................ 262 B. A Limited Extension: Presuming
    [Show full text]
  • North Carolina Trial Judges'
    NORTH CAROLINA TRIAL JUDGES’ BENCH BOOK DISTRICT COURT VOLUME 1 FAMILY LAW 2019 Edition Chapter 1 Spousal Agreements In cooperation with the School of Government, The University of North Carolina at Chapel Hill by Cheryl D. Howell and Jan S. Simmons This chapter is one of ten chapters in North Carolina Trial Judges’ Bench Book, ISBN 978-1-56011-955-5. Preparation of this bench book was made possible by funding from the North Carolina Administrative Office of the Courts, as administered by the School of Government. Copyright © 2019 School of Government, The University of North Carolina at Chapel Hill blank TOC This page intentionally left blank chapter opening 1 TOC Chapter 1: Spousal Agreements I. Premarital Agreements . 3 IV. Separation Agreements . 20 A . Applicable Statutes . 3 A . G S . 52-10 1 . 20 B . Matters That May Be Included in a Premarital Agreement B . Jurisdiction . .. 21 under the Uniform Act . 4 C . Form of the Agreement . 22 C . Construing a Premarital Agreement . 5 D . Requisites and Validity of Separation Agreements . 27 D . Modifying or Revoking a Premarital Agreement . 7 E . Construing a Separation Agreement . 29 E . Effect of a Premarital Agreement on Various Rights or F . Effect of a Separation Agreement on Various Rights or Interests of the Parties . 8 Interests of the Parties . 31 F . Enforcing a Premarital Agreement . 11 G . Modifying a Separation Agreement . 40 II. Postnuptial Agreements . 13 H . Reconciliation . 49 A . Generally . .. 13 I . Enforcing a Separation Agreement . 54 B . Requisites and Validity of Postnuptial Agreements . 14 J . Effect of Bankruptcy . 78 C . Enforcement of a Postnuptial Agreement .
    [Show full text]
  • Cultural Coverture
    CULTURAL COVERTURE: AN EXAMINATION OF THE IMPACT OF EARLY AMERICAN MARRIAGE LAWS ON CONTEMPORARY AMERICAN WOMEN by SUMMER ALLISION STEIB A THESIS Submitted in partial fulfillment of the requirements for the degree of Master of Arts in the Department of Women’s Studies in the Graduate School of The University of Alabama TUSCALOOSA, ALABAMA 2009 Copyright Summer Allison Steib 2009 ALL RIGHTS RESERVED ABSTRACT Under the system of coverture a married woman’s civil identity was covered by her husband’s civil identity and she was viewed to be civilly dead. The system of coverture originated in Europe and was part of the English Common Law system. When settlers first colonized what would eventually become the United States, they adopted English Common Law and with it the system of coverture. Through the system of coverture, married women in the United States had no independent civil identity and they were excluded from the rights and obligations of citizenship. For over two hundred years, activists worked to challenge and change the system of coverture and the cultural attitudes and assumptions that were reflected through coverture. Though legal coverture ended in the closing decades of the twentieth century, the cultural attitudes and assumptions on which coverture was based are still impacting women and limiting their full freedom and agency. This thesis examines the historical foundations of marriage laws/coverture in Colonial America and traces their progression from laws to the cultural practices that women in contemporary America must navigate and negotiate in their lives. ii DEDICATION This thesis is dedicated to my children, Rowan and Ani, in hopes that you will always question, challenge and strive to change cultural practices, laws and attitudes that perpetuate discrimination and oppression.
    [Show full text]
  • C.I.H.S Bulletin
    C.I.H.S BULLETIN Issue 43 ISSN 1485 - 8460 AUGUST 2003 THE NEWSLETTER OF THE CANADIAN IMMIGRATION HISTORICAL SOCIETY Of countless reorganizations Designed for the most part for failure Charts as plentiful as Naldi's stories ODE TO PHYLLIS TURNBULL Criss crosses and dotted lines Pretending to show reporting relationships, Who taught us all to sing The "Who's Who" of a never-never land The praises of personnel experience As respectful of truth Who showed us how to mark As Gibby Gibson's need for Brylcream The ways of public experience "Built-in self-destruct"- guaranteed To last until tomorrow. She will remember: Brown files wrapped in ribbons pink She will sigh Notes "By Hand,", Gene Beasley's wink Remembering those adjustments to be made The green ink used by "GRB" As each new boss laid down his The foolishness of our "Stage B" Own peculiar ways, Phone calls coming all the time The Shaws, Zawiza, Rogers, The MacDougals' Appeals from Boards, the loser's whine Monisons, Travels swift across the land The Sinclairs Meeting friends and shaking hands How plentiful they are "Confidential" marked on files How often they come and go Brought to her by boys with smiles She took the measure of them all "DAR" and Butler, Mitch, Bud Curry--- Mr. Lloyd But retained the dignity and strength of spirit Initials invoking the ghosts of men That is her hallmark Who walked with her down corridors Who talked to her across the years. And now she has to go But in her going She will remember too She takes with her an accumulation of memories, The rough men, the rye whiskey men An abundance of more than just our good wishes The Immigration men --- "CES," "The Hawk" She takes with her some of our heart Dunny Munroe, "Black Jack," and Mosoop --- Cy Coutu She takes with her some of our soul.
    [Show full text]