But Was She a Feminist Judge?
ONE WOMAN'S DIFFERENCE: THE CONTRIBUTIONS OF JUSTICE BERTHA WILSON, Kimberley Brooks, ed., UBC Press, Forthcoming
29 Pages Posted: 21 Sep 2008 Last revised: 29 Apr 2015
Date Written: September 20, 2008
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
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