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 Rosalie Abella, 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 Supreme Court of Canada 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 Louise Charron 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 Marie Deschamps 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 Louise Arbour, 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.