McIvor, Sharon Donna

Aboriginal Women Unmasked: Using Equality Litigation to Advance Women's Rights

This article is a review of the legal challenges over Aboriginal women's rights brought under the Canadian Bill of Rights, the Canadian Charter of Rights and Freedoms and international human rights law. The author argues that although success has been limited in these litigation claims, the cases are still an essential element of the effort to enforce Aboriginal women's rights in Canada. The article examines specific cases concerning the loss of Indian status, matrimonial property, and rights to participate in decision-making.

Aboriginal Women's Rights as xisting Rights

This article focuses on the civil and political rights of Aboriginal women and argues that these rights exist under section 35 of the Canadian Charter of Rights and Freedoms and that they have never been extinguished. The author uses Supreme Court jurisprudence to support the argument that the contemporary civil and political rights of Aboriginal women were affirmed with the passage of the Charter. The author also briefly discusses the extent to which international law demonstrates the existence of Aboriginal women's rights.

CEDAW: British Columbia Moves Backwards on Women Equality

The British Columbia CEDAW Group, a coalition of women's NGOs committed to advancing the equality of women and girls, submitted a report on the occasion of Canada's fifth periodic report on the implementation of the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW). The document asserts that the province of British Columbia is failing in its CEDAW obligations.

HIV Testing and Pregnancy: Medical and Legal Parameters of the Policy Debate

This report includes a section analyzing whether a women's right to consent to and refuse medical treatment can be overridden to protect the health of her fetus. Through an examination of case law and the Canadian Charter of Rights and Freedoms, the authors argue that a government-initiated mandatory HIV testing policy would give rise to constitutional challenges.