Law and Disability in Canada: Cases and Materials
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Law and Disability in Canada: Cases and Materials is a comprehensive overview of law and disability issues in Canada. The authors – six academics and experts in the field – discuss persons with disabilities and their interactions with the law as a holistic phenomenon that requires knowledge of and engagement with different areas of law. Through an examination of barriers regularly faced by people with disabilities, they present key and foundational domestic and international equality rights instruments (including the Charter, human rights law and the Convention on the Rights of Persons with Disabilities), the history of disability rights litigation and several contemporary access to justice issues.
The first part of Law and Disability in Canada: Cases and Materials explores ways to achieve equality for persons with disabilities in everyday settings and analyzes tensions in community living, workplace accommodation, income security and disability benefits. The second part focuses on specific legal contexts where disability issues arise and have to date been inadequately explored, such as the criminal justice system (arrest, detention, trial and sentencing) and inquests. It also discusses mental health and specialized courts. While the book incorporates an intersectional lens throughout, the second part of the book pays particular attention to examining issues of law and disability affecting persons with disabilities from marginalized groups including Indigenous peoples and women. Finally, the book references challenges faced by people with disabilities during the COVID-19 pandemic, and includes a robust set of bibliographies on disability and additional topics of access to justice.
Who Should Read This Book
- Lawyers – for reference and assistance in human rights and disability related cases
- Human resource professionals and social workers – for knowledge of law and policy with respect to disability issues in the workplace and in the community
- Law professors and law students – enrolled in studies with course material in Canadian law and disability
- Disability studies students – enrolled in disability studies at universities with course material in Canadian law and disability
General Editor & Author
Laverne Jacobs – Professor, University of Windsor Faculty of Law
Ruby Dhand – Associate Professor, Thompson Rivers University Faculty of Law
David Ireland – Assistant Professor, University of Manitoba Faculty of Law
Richard Jochelson – Dean and Professor, University of Manitoba Faculty of Law
Freya Kodar – Associate Professor, University of Victoria Faculty of Law
Odelia Bay – Ph.D. Candidate, Osgoode Hall Law School
Brayden McDonald – LL.M. Candidate, University of Manitoba Faculty of Law
Table of contents
Part I — Disabled Lives and the Law: Achieving Equality in Everyday Settings
Chapter 1: Equality Rights Instruments and the Importance of a Disability Lens
Chapter 2: Examining the Right to Community Living for People with Disabilities in Canada
Chapter 3: Working Crip Time: Understanding Workplace Accommodation and Episodic Disability
Chapter 4: Federal Income Support: Canada Pension Plan Disability and Employment Insurance Sickness Benefits
Part II — Disabled Lives in Colour and Context
Chapter 5: Women and Girls with Disabilities: Gendered Disability Discrimination
Chapter 6: Arrest, Detention and Disability in Canada
Chapter 7: Trial, Sentencing and Disability in Canada
Chapter 8: Inquests, Disability and Marginalization in Encounters with the Criminal Justice System
Chapter 9: Inquests, Disability and Marginalization in Encounters Outside of the Criminal Justice System
Chapter 10: Access to Justice for People with Mental Health Disabilities and Addictions: Navigating Mental Health and Specialized Courts
Chapter 11: Bibliographies
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