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Law and Disability in Canada: Cases and Materials, 2nd Edition

Law and Disability in Canada: Cases and Materials is a comprehensive overview of law and disability issues in Canada.

**The CEI Student E-Book version is to be purchased by academia only**

Langue de publication: English

Publié: 11 septembre 2026

Éditeur: LexisNexis Canada

Format du produit Détails Qté
Livre
140,00 $
En inventaire ISBN: 9780433542018
Softcover | 476 pages

 

Law and Disability in Canada: Cases and Materials, 2nd Edition provides a comprehensive overview of law and disability issues in Canada. The authors and contributors are experts in the field who, across 15 pithy chapters, discuss persons with disabilities and their interactions with the law as a holistic phenomenon that requires knowledge of and engagement with different areas of law. Through an examination of challenges regularly faced by disabled people, they present key legal decisions, foundational domestic and international equality rights instruments (including the Canadian Charter, human rights law, accessibility legislation and the UN Convention on the Rights of Persons with Disabilities), the history of disability rights litigation and several contemporary access to justice issues.

Law and Disability in Canada: Cases and Materials, 2nd Edition is organized into four parts:

  • Part I – Foundational Issues in Canadian Law and Disability: Equality Rights and Theory
  • Part II – Disabled Lives and the Law: Achieving Equality in Everyday Settings
  • Part III – Disabled Lives in Colour and Context
  • Part IV – The Criminal Justice System and Persons with Disabilities

The first two parts of this text explore ways to achieve equality for persons with disabilities in everyday settings and analyze tensions in community living, workplace accommodation, income security and disability benefits. The third part focuses on specific legal contexts where disability issues arise and have to date been inadequately explored, such as negligence law and debtor-creditor relationships. While the book incorporates an intersectional lens throughout, this part of the book pays particular attention to examining issues of law and disability affecting persons with disabilities from marginalized groups including Indigenous peoples and women. The final part of the book examines the criminal justice system (arrest, detention, jury representation, trial and sentencing) and inquests. Every chapter contains notes and questions that further explain the law.

What’s New In This Edition

  • Expands on the challenges faced by people with disabilities during the COVID-19 pandemic, in jury selection, and generally as a result of ableism
  • Explores the value of theoretical models of disability in pursuing access to justice
  • Four brand new chapters covering persons with disabilities relating to:
    • Indigenous ways of learning
    • Canadian debtor-creditor law
    • Negligence law claims
    • COVID-19 and access to justice
  • Extensively reorganized and expanded chapter content with the addition of two new Parts
  • Updated case law and commentary since the first edition published 5 years ago

Who Should Read This Book

  • Lawyers – for reference and assistance in human rights and disability related cases
  • Human resource professionals and social workers – for knowledge of law and policy with respect to disability issues in the workplace and in the community
  • Law professors and law students – enrolled in studies with course material in Canadian law and disability
  • Disability studies students – enrolled in disability studies at universities with course material in Canadian law and disability

General Editor & Author
Laverne Jacobs – Professor, University of Windsor Faculty of Law

Authors
Ruby Dhand – Associate Professor, Thompson Rivers University Faculty of Law
David Ireland – Judge, Provincial Court of Manitoba
Richard Jochelson – Dean of Law, University of Manitoba Faculty of Law
Freya Kodar – Dean, University of Victoria Faculty of Law
Odelia Bay – Doctoral Student, Osgoode Hall Law School

Contributors
Elizabeth Adjin-Tettey – Professor of Law and Associate Vice-President, Academic Programs, University of Victoria
Michelle I. Bertrand – Professor of Criminal Justice, University of Winnipeg
Anna Jane Samis Lund – Professor of Business Law, University of Alberta
Brayden McDonald – Lawyer, Legal Aid Manitoba
Dipesh Prema – Associate Professor, Thompson Rivers University
C. Tess Sheldon – Associate Professor, University of Windsor Faculty of Law & Director of the Health Justice Clinic in Mental Health and Addictions
Brandon Trask – Associate Professor, University of Manitoba Faculty of Law
John T. Ward – Author, learning disabilities & neurodiversity

View the table of contents

Preface

Part I – Foundational Issues in Canadian Law and Disability: Equality Rights and Theory
Chapter 1: Equality Rights Instruments, Models of Disability and the Importance of a Disability Lens (Laverne Jacobs)

Part II – Disabled Lives and the Law: Achieving Equality in Everyday Settings
Chapter 2: Examining the Right to Community Living for Persons with Disabilities in Canada (Laverne Jacobs)

Chapter 3: Working Crip Time: Understanding Workplace Accommodation and Episodic Disability (Odelia Bay)

Chapter 4: Federal Income Support: Canada Pension Plan Disability, Employment Insurance Sickness Benefits and the Canada Disability Benefit (Freya Kodar)

Part III – Disabled Lives in Colour and Context
Chapter 5: Women and Girls with Disabilities – Gendered Disability Discrimination (Ruby Dhand & Laverne Jacobs)

Chapter 6: Reconceptualizing Learning Disabilities in Light of Indigenous Ways of Learning (John T. Ward)

Chapter 7: A Disability Perspective on Canadian Debtor-Creditor Law (Freya Kodar, Anna Lund & Elizabeth Adjin-Tettey)

Chapter 8: Negligence Law Claims and the Lived Experiences of Persons with Disabilities (Elizabeth Adjin-Tettey)

Chapter 9: COVID-19 and Access to Justice for People with Disabilities – A Multidisciplinary Legal Analysis of the Barriers, Risks and Responses in Congregate Care Settings (Ruby Dhand, Tess Sheldon & Dipesh Prima)

Chapter 10: Access to Justice for People with Mental Health Disabilities and Addictions – Navigating Mental Health and Specialized Courts (Ruby Dhand)

Part IV – The Criminal Justice System and Persons with Disabilities
Chapter 11: Arrest, Detention and Disability in Canada (David Ireland, Richard Jochelson, Brayden McDonald & Brandon Trask)

Chapter 12: Trial, Sentencing and Disability in Canada (David Ireland, Richard Jochelson, Brayden McDonald & Brandon Trask)

Chapter 13: Disability and Jury Representation (Danielle Hermann, Richard Jochelson, Michelle I. Bertrand & Brandon Trask)

Chapter 14: Inquests, Disability and Marginalization in Encounters with the Criminal Justice System (David Ireland, Richard Jochelson, Brayden McDonald & Brandon Trask)

Chapter 15: Non-Criminal Inquests (David Ireland, Richard Jochelson, Brayden McDonald & Brandon Trask)

Table of Cases

Index

AUTEURS À LA UNE