The Tide in Favour of Equality: Same-Sex Marriage in Canada and England and Wales

The tide in favour of legal equality for gay and lesbian individualsand couples continues to roll forward on both sides of the Atlantic.In Canada, the federal Parliament recently passed legislation(the Civil Marriage Act) (CMA) that extends the legal capacityto marry for civil purposes to same-sex couples throughout thecountry. This change in the law was driven not by the executiveand legislative branches of government but by the courts, interpretingand applying the Canadian Charter of Rights and Freedoms (theCharter). On the other side of the Atlantic, in England andWales, the Westminster Parliament in 2004 passed legislation(the Civil Partnership Act) (CPA) that will enable same-sexcouples to obtain legal recognition of their relationships,and to access most of the legal rights and responsibilitiesoffered to married couples. However, unlike the Canadian legislation,civil marriages between same-sex couples will still not be legallyrecognized. This article considers whether the English courtswill also facilitate the legal recognition of same-sex civilmarriage, like their Canadian counterparts. The author concludesthat, in light of recent case law, there is an increasinglystrong argument that the opposite-sex marriage requirement inEngland and Wales violates Article 14 (the equality provision)of the European Convention on Human Rights (ECHR), which isincorporated into UK law by the Human Rights Act, 1998. However,the author also concludes that there are a number of reasonsto be cautious that a positive result would flow, at this point,from a domestic court challenge to the opposite-sex marriagerequirement.     

Some Themes Arising from the Last Edition of Family Court Review

In the last edition of the FRC, there are a number of articles which highlight ever‐present themes in the many dispute resolution industries. These themes are: The cyclical nature of family law and DR reform to and fro “faster, cheaper, less formal and more accessible”; Access barriers for the poor and middle class; Access barriers due to geography, distance, and cultural differences; Blossoming of a range of “abbreviated” (short and inexpensive) DR services; The essential, yet neglected, task of systematic diagnosis of possible causes of conflict, and of a possible range of helpful interventions: DR practitioners should aim to “at least do no harm”; If a DR practitioner exhibits care, and core communication skills, how much do different processes matter? The Hawthorne effect—all pilot projects tend to succeed?; There is a constant flow of stories, systematic and statistical knowledge in DR industries. Who is listening and translating this flow of information between the various DR silos and to the public?

Key Points for the Family Court Community:
• The repetitive and predictable cycles of family law reform.
• Access to DR services restricted by finances, geography and cultural differences.
• The old saying “at least do no harm” should find a prominent place in all family DR services and training.
• The Hawthorne effect—all pilot and new projects seem to “succeed” for awhile. What follows?
• In the many family DR silos, there are “truths” embodied in stories, systems and statistics. Who can translate helpfully from one silo to another?

     

A preliminary analysis of feminist views on the crime of rape

Although rape has been considered a serious social problem for centuries, the rise of the Feminist Movement in North America in the 1970’s has served to bring the problem into the public eye. Leading Feminists, among them Camille LeGrand and Susan Brownmiller, have proposed new hypotheses both on rape and the rapist which differ significantly from traditional theories on the crime. Some of the Feminists’ hypotheses, particularly those which presuppose very high levels of rape and assume massive underreporting of the crime by its victims, do not receive much support in empirical surveys. But one aspect of the Feminists’ perspective on rape—that rape is an act against both person and property—is substantiated by empirical analysis of UCR data. The data suggest that the crime of rape shares significant commonalities with the crimes of property, as well as crimes of violence, and rape statistics act to hold together these two, otherwise different, categories of crime.     

A metallurgical review of the interpretation of bullet lead compositional analysis

Comparison of the minor and trace element compositions of bullet lead alloys has been used by some forensic examiners to make definitive positive associations between bullets or lead fragments at a crime scene and samples of bullets linked to a suspect(s). Such conclusions have been based on the elemental analysis of isolated groups of bullets with no consideration of the metallurgical processes involved in the production and refining of the bullet lead alloys. An understanding of the metallurgy of lead refining reveals that the elements quantified in the forensic analysis are carefully controlled in the refining process and that there are logical reasons why some elements are more discriminatory than others. Data for lead alloys supplied to two major ammunition manufacturers confirm that multiple indistinguishable shipments of lead alloys from secondary lead refiners to the ammunition manufacturers are made each year and over a period of many years. The data also demonstrate that distinguishable compositions can come from the same melt or "source" of lead alloy. These results clearly indicate that bullets with indistinguishable compositions could have come from different lead "sources" produced in the same or different years. Furthermore, the observation that two bullets have a distinguishable composition does not necessarily mean that they came from a different "source".Our results show that the forensic examiner using a method of bullet lead alloy elemental analysis, which quantifies up to six elements is restricted to concluding only that indistinguishable bullets might have come from the same "source," not that they did come from the same "source". In addition, it is quite possible that multiple bullets with similar but distinguishable compositions could have come from the same "source". The authors therefore feel that there is no scientific validity to any conclusions more positive than attributing the possible association as to molten source among bullets from different samples. An understanding of the metallurgical principles operative in the melting/casting process as well as the data acquired for this study, indicate that any forensic conclusions which associate unknown bullets with the "same source", and/or "same box" should fail most or all Daubert criteria.