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3 NZWLJ 201 (2019)
Feminist Interventions: Learning from Canada

handle is hein.journals/nzwomlj3 and id is 205 raw text is: 







         FEMINIST INTERVENTIONS
                Learning from Canada

     Elizabeth A Sheehy and Julia Tolmie**


 This article explores the potential of third-party interventions by
feminist lawyers in ongoing litigation to support the development
of the common law consistent with women' equality rights. The
article briefly illustrates the need to account for the realities of
women' experiences in the New Zealand common law, outlines
the legal basis for third party interventions and describes the few
feminist interventions that have taken place in New Zealand. It
then draws on the extensive experience of feminist interventions
before the Supreme Court of Canada, including those by the
Women' Legal Education and Action Fund, and the literature
that attempts to measure the effects ofinterveners to both describe
the factors that have supported such interventions and suggest
that they have had an impact on legal development. To illustrate
the potential of feminist interveners, the article then compares
two casesfrom Canada (R vJA) and New Zealand (R v S), each
dealing with the issue of the legal culpability of men who sexually
penetrate unconscious women and decided within a few years of
the other. While not aproposition fully capable of causal roof,
the article concludes that the evidence suggests that feminist
interveners make a difference in the laws progress in bringing
womens collective interests before the courts and addressing the
systemic impacts that specific doctrinal interpretations will have
on women' rights and interests.


201

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