DAWN Ontario: DisAbled Women's Network Ontario

The Gosselin Case & the Future of Anti-Poverty Litigation in Canada

 

Gosselin vs Quebec (Attorney General) : Autonomy with a Vengeance http://www.povnet.org/downloads/brodsky_on_gosselinjan04.pdf PDF (PDF file - 93K, 20 pages)

Posted on PovNet - February 1, 2004

"Gwen Brodsky, one of the lawyers intervening in the Gosselin case, has written a paper on the implications of the decision for future anti-poverty litigation in Canada." Gosselin vs Quebec (Attorney General): Autonomy With a Vengeance What are the implications of the Supreme Court of Canada in decision in Gosselin, for future anti-poverty litigation? In an upcoming issue of Canadian Journal of Women and the Law, a case comment by Gwen Brodsky criticizes the majority decision in Gosselin: "The challenged social assistance regulation embodied a negative stereotype of young men and women who are reliant on social assistance, which, sadly, the majority of the Court embraced." However, Brodsky also shows that "the decision is deeply divided, and the majority decision turns on a finding that the evidence was insufficient. Therefore, as precedent," argues Brodsky, "the outcome of the Gosselin case may not be particularly significant."

Related Links: see the Canadian Social Research Links Case Law / Court Decisions / Inquests page http://www.canadiansocialresearch.net/caselaw.htm


Source:
Source: Canadian Social Research Newsletter - Issue Feb 8, 2004 http://members.rogers.com/gilseg/news080204.htm

 



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