In recent years, victims of sexual and spousal abuse in Canada have been turning increasingly to civil courts to demand compensation for their loss and suffering. In the context of growing public awareness and denunciation of violence against women and children, the law must be able to meet the demands of these victims.
Originally published in French, this new and updated translation identifies and addresses the issues that are raised by the recent emergence of recourse to civil litigation by victims of sexual and spousal abuse. It outlines an egalitatian approach to the legal system, one that takes into account the unique needs of women and children. This work analyzes the conditions necessary to bring an action in civil liability for sexual and spousal abuse. It describes the remedies available within the Quebec Civil Code, as well as providing an analysis of Canadian Common Law jurisprudence on this issue. Finally, the book will also be of interest to jurists in civil law jurisdictions outside Canada and to scholars interested in comparative law.
Summary Table of Contents
PART I: THE CLIENT
CHAPTER 1: Towards a Better Understanding of the Client
CHAPTER 2: Towards a Better Representation of the Client
PART II: THE CONDITIONS FOR REMEDY
CHAPTER 3: Extinctive Prescription
CHAPTER 4: Remedies
PART III: INSTITUTING PROCEEDINGS
CHAPTER 5: Preparation for Trial
CHAPTER 6: The Trial
CHAPTER 7: The Defendant's Response: Action for Defamation
Table of Cases
About the Authors:
Faculty of Law, Laval University
Louise Langevin is a Professor of Law at Laval University in Quebec, where she teaches feminist legal theory, fundamental rights, and obligations. She has been a member of the Quebec Bar since 1986. Professor Langevin also teaches at the Barreau du Quebec and is a former President of the Canadian Association of Law Teachers.
Law Commission of Canada
Nathalie Des Rosiers is President of the Law Commission of Canada and a Professor of Law at the University of Ottawa. Professor Des Rosiers is a former President of the Association des juristes d'expression francaise de l'Ontario and of the Canadian Association of Law Teachers. She was a member of the Environmental Appeal Board from 1998-2000 and a member of the Ontario Law Reform Commission from 1993-1996.