Abortion Needs or Abortion Rights? Claiming State Accountability for Women’s Reproductive Welfare

The Family Planning Association Northern Ireland (F.P.A.N.I.) has recently been successful in holding the state accountable for its duty to safeguard women’s reproductive health and welfare, and clarify the circumstances in which abortion is lawful. By demanding that the Minister for Health investigate abortion provision and produce abortion guidance, F.P.A.N.I. hope to improve the quality of abortion services and alleviate the situation of those women who are legally entitled to abortion in Northern Ireland but cannot access it there. This action has challenged a public failure which impacts most negatively on those women who cannot easily escape its effects. Although the case succeeded in shaming the state for such a failure, the judicial review strategy could not challenge the legal ethos which denies women a say over their reproductive lives. This case commentary argues that pro-choice strategic litigation needs to positively and generally assert women’s reproductive rights at the same time as it seeks to accommodate the needs of the most vulnerable.     

A survey of drug use and attitudes toward drugs among male law students and police trainees in Queensland,Australia: A research note

During first semester 1980, 96 first and last year male police students and 166 law students were surveyed about their drug use patterns and attitudes towards alcohol. Of these students, 69.3 percent drank at least once a month, 80.7 percent used coffee or tea, 23.6 percent analgesics, 3 percent antihistamines and marijuana and less than 1 percent sedatives, tranquilizers, stimulants, hallucinogens, cocaine or opiates once a month or more. Law students used caffeine and marijuana significantly more frequently than police students. On the whole, there were more similarities than differences between the two groups in terms of drug consumption. In terms of attitudes, police students felt significantly more than law students that alcoholism was caused by moral weakness and medical illness as shown in the Attitude Towards Alcoholism questionnaire. But significantly more police students (82 percent) than law students (37 percent) felt that it was important to have drug and alcohol education as part of their course of study. Also significantly more police students (58 percent) than law students (24 percent) felt that they were prepared to manage drug or alcohol problems professionally.     

Relationship status of battered women over time

A longitudinal study of 114 women, all having serious problems in intimate relationships, recruited from the community was undertaken in order to investigate relationship and battering status over time. In the original sample (N=193), 97 women were battered and 96 were not battered, as determined by an adaptation of the Conflict Tactics Scale. Of the 114 who returned approximately 2 and 1/2 years later, only 25% of the 51 originally battered women were still in that category. Discriminant function analysis using a combination of variables from established instruments (depression, self-esteem, physical symptoms, self-care agency) and in depth interview (education, relationship control, relationship duration, childhood abuse) failed to distinguish those battered from those not abused at Time 2. Results do not support a learned helplessness model for most women experiencing abuse, and they suggest that battered women seen in the health care and/or social services systems should be supported in a process of healthy decision making about their relationship status.     

Vancouver Island Compassion Club president receives absolute discharge

On 5 July 2002, the BC Provincial Court released written reasons for sentencing in R v Lucas. The president of the Vancouver Island Compassion Club had been arrested and charged with possession for the purpose of tracking after police searched the club and his home and seized less than three kilograms of marijuana.     

Supreme Court denies leave to appeal in medical marijuana charter challenge

As previously reported in this publication, in January 2002 the Ontario Court of Appeal denied Jim Wakeford's claim that Canada's laws prohibiting marijuana possession and cultivation infringe his constitutional rights to liberty and security of the person. On 22 November 2002 the Supreme Court of Canada announced that it would not hear his appeal from that decision.     

Discrimination in same-sex survivor amendments to the Canada Pension Plan

On 31 July 2002, the British Columbia Supreme Court granted certification of a class proceeding involving same-sex surviving spouses who were denied survivor's benefits under the Canada Pension Plan (CPP) due to their sexual orientation. On 10 July 2002, a similar proceeding in Ontario survived a motion to strike by the government and is headed to trial. If successful, thousands of gay men and women whose same-sex partners died between 17 April 1985 and 1 January 1998 may finally be eligible for monthly survivor's benefits.