Suchergebnisse

AbstractHuman rights instruments are but one of many legal advocacy tools used by trans people. Recent legal scholarship emphasizes that human rights laws are not sufficient to address legal challenges facing trans people, particularly intersectional and systemic barriers. This article looks to Canadian trans case law outside of human rights law to reveal the many instances in which trans people's fight for legal recognition and redress occur outside of the human rights arena. It focuses on trans case law in three areas: family law, the use of name and gender in court, and access to social benefits. Canadian trans jurisprudence illustrates that not only are trans legal strategies outside of human rights plentiful and effective, they are also imperative. An agile and pragmatic approach to trans rights is necessary, particularly when minority rights are under threat, and for trans people on the margins of trans law reforms.

Tax remission orders, although rare, serve important functions in the Canadian tax system. This paper draws from a comprehensive study of federal tax remission orders issued between 1998 and 2017. It presents general findings about remission orders in that time period, including remission order applications, their reported costs, and the number of remission orders issued. The paper identifies the five most common categories of reasons cited for granting remission orders. It then applies tax policy analysis to assess the two most frequent reasons for grating remission orders: to provide debt relief for financial hardship and/or extenuating circumstances, and to provide remedies for government errors and delays. This study also highlights concerns about the federal tax remission order system and provides recommendations for improving its fairness, transparency, and accountability.

In November 2021, this virtual roundtable discussion brought together three activist-scholars to examine current trans legal issues in Canada and reflect on a broader vision for trans justice. The conversation's starting points were the recent Superior Court of Québec's decision in Centre for Gender Advocacy v Attorney General of Quebec, which found that Québec law about identification papers discriminated against trans and non-binary people, and the provincial government's shocking response in proposing regressive and harmful legal changes. The panelists contextualized these legal twists by discussing the recurring patterns of trans rights victories being followed by anti-trans backlash; the gaps between legal reforms and their implementation; the law's promises for, and limits in, effecting social change; and the vital role that community expertise can and must play in (re)defining the future of trans justice.