Canada S Law On Child Sexual Abuse

Sullivan takes a critical look at the recent Canadian legislative reforms regarding the sexual abuse of children and raises provocative questions about who is empowered by these developments and who is not. Annotation copyrighted by Book News, Inc., Portland, OR

"The Committee on Sexual Offences Against Children and Youths (known as the "Badgley Committee", after its chairman) was established in 1981 by the Ministers of Justice and National Health and Welfare. Its mandate was to inquire into the adequacy of the laws of Canada in providing protection to children from sexual offences and to make recommendations for improving that protection. It was also to ascertain the extent of exploitation of children in pornography and prostitution and to examine what role the law should play in attempting to stop that exploitation. ... This review deals with four aspects of the Report: sexual offences; evidence and trial process; child prostitution; and child pornography, with primary emphasis on the Committee's legislative recommendation"--Pages 1-2.

The Committee on Sexual Offences Against Children and Youths is appointed by the Minister of Justice and the Minister of National Health and Welfare to conduct a study to determine the adequacy of the laws in Canada in providing protection from sexual offences against children and youths and to make recommendations for improving this protection. In particular, the following matters are examined: The elements of the offences with special attention to issues of age and consent and related considerations of evidence and publicity; the incidence and prevalence of sexual offences against children and youths in Canada (where possible, comparisons are made with the incidence and prevalence of sexual offences in general); whether such offences are likely to be brought to the attention of the authorities; whether they are likely to be prosecuted and, if prosecuted, are likely to result in convictions; the effectiveness of criminal sanctions and methods other than the application of criminal sanctions in dealing with the types of conduct involved in these offences.

Sexual Assault in Canada is the first English-language book in almost two decades to assess the state of sexual assault law and legal practice in Canada. Gathering together feminist scholars, lawyers, activists and policy-makers, it presents a picture of the difficult issues that Canadian women face when reporting and prosecuting sexual violence. The volume addresses many themes including the systematic undermining of women who have been sexually assaulted, the experiences of marginalized women, and the role of women’s activism. It explores sexual assault in various contexts, including professional sports, the doctor–patient relationship, and residential schools. And it highlights the influence of certain players in the reporting and litigation of sexual violence, including health care providers, social workers, police, lawyers and judges. Sexual Assault in Canada provides both a multi-faceted assessment of the progress of feminist reforms to Canadian sexual assault law and practice, and articulates a myriad of new ideas, proposed changes to law, and inspired activist strategies. This book was created to celebrate the tenth anniversary of Jane Doe’s remarkable legal victory against the Toronto police for sex discrimination in the policing of rape and for negligence in failing to warn her of a serial rapist. The case made legal history and motivated a new generation of feminist activists. This book honours her pioneering work by reflecting on how law, legal practice and activism have evolved over the past decade and where feminist research and reform should lead in the years to come.

In November 1997 the Minister of Justice asked the Law Commission of Canada to assess processes for redressing the harm of physical and sexual abuse inflicted on children who lived in institutions that were run or funded by government. This report draws together the research and consultations conducted by the Law Commission in response to the request.

"Published by authority of the Minister of Justice and Attorney General of Canada"--T.p. verso.