Feminist Review of Criminal Law

• NCJ Number: 121895
• Author(s): C L M Boyle; M Bertrand; C Lacerte-Lamontagne; R Shamai
• Editor(s): J S Russell
• Date Published: 1985
• Length: 210 pages
• Sponsoring Agency: Canadian Advisory Council on the Status of Women
• Publication Format: Document
• Publication Type: Legislation/Policy Analysis
• Language: French; English
• Country: Canada

Annotation

This feminist analysis of areas of Canadian criminal law of particular interest to women examines how the criminal law can be used as a weapon against patriarchy and can also be countered as a weapon of patriarchy.

Abstract

In setting the context of the study, the paper identifies the interests of women who should be protected by the criminal law and discusses the constitutional implications of reform. A discussion of substantive offenses and defenses addresses women as defendants, offenses against women, and feminist perspectives reflected in criminal law. A major section on criminal procedure and evidence analyzes the definition and significance of criminal procedure, jurisdiction and women's interest in the criminal law, the interaction of criminal procedure and the charter of rights, and discriminatory aspects of criminal procedure. The impact of the rules of evidence on women defendants is also examined. A major section on sentencing considers minimum and noncustodial sentences, the effects of defining as criminal those offenses which cause little harm to the public, women's involvement in serious offenses, and sexism in sentencing. Chapter references, 117-item bibliography.