But Was She a Feminist Judge?

ONE WOMAN'S DIFFERENCE: THE CONTRIBUTIONS OF JUSTICE BERTHA WILSON, Kimberley Brooks, ed., UBC Press, Forthcoming

Queen's University Legal Research Paper No. 2015-040

29 Pages Posted: 21 Sep 2008 Last revised: 29 Apr 2015

See all articles by Beverley Baines

Beverley Baines

Queen's University - Faculty of Law

Date Written: September 20, 2008

Abstract

During her time on the bench, Justice Wilson refused to identify as a feminist. Her silence did not deter feminists from applauding many of her decisions. Nor did it preclude them from critiquing three opinions: Pelech, Morgentaler, and Hess. In this chapter, first I identify the features of feminist legal theory that inform these critiques. Next I explore some of the recent challenges that women's studies and gender theorists have posed for this theory. I conclude that it makes a significant difference to analyze Justice Wilson's three contested opinions from the perspective of gender theory.

Keywords: feminism, judges, Canada

Suggested Citation

Baines, Beverley, But Was She a Feminist Judge? (September 20, 2008). ONE WOMAN'S DIFFERENCE: THE CONTRIBUTIONS OF JUSTICE BERTHA WILSON, Kimberley Brooks, ed., UBC Press, Forthcoming; Queen's University Legal Research Paper No. 2015-040. Available at SSRN: https://ssrn.com/abstract=1271222

Beverley Baines (Contact Author)

Queen's University - Faculty of Law ( email )

Macdonald Hall
Kingston, Ontario K7L 3N6 K7L3N6
Canada

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