Melanie Randall

BA 1982, MA (Toronto) 1984, PhD (York) 1996, LLB (Toronto) 1999.

Professor Randall is appointed with the Faculty of Law. She held the Scotiabank Professorship with the Centre for Research on Violence Against Women and Children, at the University of Western Ontario from 1999-2004. Her current teaching and research interests are in the areas of sex discrimination and legal theory. Her publications include articles on the issue of women's autonomy rights, and on sexual violence in women's lives, including state accountability for responding to and remedying this violence, particularly through law.

Email: randallm@uwo.ca
Phone: 519 661-2111 ext. 88450
Office: LB 14

Forthcoming Publications

Books

Human Rights and the Law in Canada, co-edited with Michael Lynk and Jennifer Koshan.  (Forthcoming, 2016, Irwin Law Publishers, Toronto, Canada).

Marital Rape and Law Reform: a Comparative Analysis of the Right to say No, co-edited with Jennifer Koshan, Elizabeth Archampong.  Forthcoming, Hart Publishing, Oxford, UK, 2017.

Articles

 “The Right to No: State Obligations to Criminalize Marital Rape and International Law,” co-authored with Vasanthi Venkatesh, Forthcoming, December, 2015.

 “Particularized Social Groups and Categorical Imperatives in Refugee Law: State Responsibility and the Legal Reception of Gender Persecution Claims in Canada, the U.S. and the U.K.” Forthcoming,  American University Journal of Gender, Social Policy & the Law, Fall, 2015.

Articles and Book Chapters

“Restorative Justice and Gendered Violence? From Vaguely Hostile Skeptic to Cautious Convert: Why Feminists Should Critically Engage with Restorative Approaches to Law,” (2013) 36 Dal Law J, 461- 499.

"Trauma-informed Approaches to Law: Why Restorative Justice Must Understand Trauma and Psychological Coping” Co-authored with Lori Haskell, (2013) 36 Dal Law J, 500-533.

“The Judicial Treatment of Consent in Canadian Sexual Assault Law:  Legal and Social Challenges in Criminal Processing of Marital Rape Cases,” (article manuscript, for The Equality Effect) completed and submitted to Justice Canada, 2011, available online at:  http://theequalityeffect.org/pdfs/ConsentPaperCanadaMR.pdf.

"Sexual Assault Law, Credibility, and ‘Ideal Victims’: Consent, Resistance and Victim Blaming," (2010) 22 Canadian Journal of Women and the Law, 397.
 
“Disrupted Attachments: A Social Context Complex Trauma Framework and the Lives of Aboriginal Peoples in Canada,” (with Lori Haskell), Journal of Aboriginal Health, Vol. 5, No. 3, pp. 48-99, November 2009.

“Private law, the State and the Duty to Protect:  Tort Actions for Police Failures in Gendered Violence Cases”  In Supreme Court Reports and Critical Torts, Sanda Rodgers, Rakhi Ruparelia, Louise Bélanger-Hardy eds., Toronto:  Butterworths, 2009.

“Honest But Mistaken Judicial Beliefs About Sexual Assault in Spousal Relationships, Consent and the Law: When No Doesn’t Mean No” University of Manitoba Law Journal 32(1), 2008.

Review of “Rethinking Domestic Violence,”  UBCLR, 2008. 

“Equality Rights and the Charter:  Reconceptualizing State Accountability For Ending Domestic Violence” in F. Faraday, et al., eds., Making Equality Rights Real: Securing Substantive Equality under the Charter.  Toronto:  Irwin, 2006.

“Compensating the Harms of Sexual and Domestic Violence:  Tort Law, Insurance and the Role of the State” (With Craig Brown) (Fall, 2004) 30 Queen’s Law Journal311-347.

“Domestic Violence and the Construction of “Ideal Victims:”  Assaulted Women’s “Image Problems” in Law” (2004) XXIII St. Louis University Public Law Review 107-154.

“Refugee Law and State Accountability for Violence Against Women:  A Comparative Analysis of Legal Approaches to Asylum Claims based on Gender Persecution” (2002) 25 Harvard Women’s Law Journal, 25th Anniversary Issue, 281-318.

“Sex Discrimination, Accountability of Public Authorities, and the Public/Private Divide in Tort Law:  An Analysis of Doe v. Metropolitan Toronto (Municipality) Commissioners of Police”  (2001) 26 Queen’s Law Journal, 451-495.

“Pregnant Embodiment and Women’s Autonomy Rights in Law:  An Analysis of the Language and Politics of Winnipeg Child and Family Services v. D.F.G.” (1999) 62Saskatchewan Law Review, 515-542.

(With L. Haskell) “The Politics of Women’s Safety:  Sexual Violence, Women’s Fear and the Public/Private Split,” In “Confronting Violence in Women’s Lives” Special Issue of Resources for Feminist Research, vol. 26, nos. 3-4, Fall/Winter, 1998-1999.

(With L. Haskell)  “Sexual Violence in Women’s Lives:  Findings from the Women’s Safety Project, a Community based survey.”  Violence Against Women, (Sage Publications) vol. 1, no. 1, March, 1995.

"Feminism and the State:  Questions for Theory and Practice."  In "Feminist Perspectives on the Canadian State,"  Special theme issue:  Resources for Feminist Research, Vol. 17, No. 3, (September 1988), pp. 10-16.

Recent Scholarly / Professional Presentations by Invitation

Invited Panelist, “Sexual violence against women: The more things change, the more they stay the same?” The Law Society of Upper Canada, Osgoode Hall, March 5th, 2015.

“Restorative justice: Why engage?”  Invited presentation to provincial meeting of service providers, “Alternatives to the Criminal Justice System response to Intimate Partner Violence: Exploring Restorative Approaches to Justice,”Halifax, Nova Scotia, June 24 & 25, 2014

Invited Presentation, “Current Research Directions,” Feminist Research Leadership Meeting Roundtable, Montreal, June 18-20, 2014.

“Restorative Justice and Crimes of Gendered Violence:  Exploring the Possibilities” A Restorative Approach for Cross-Agency Success, Meeting at National Government Offices, Wellington, New Zealand, March 31, 2014.

“Building Non-Violent Communities – Restorative justice and Crimes of Gendered violence?” Making Sense of Restorative Practice – An International Conference, Whanganui Restorative City Conference – March 28, 2014, Whanganui, New Zealand.

“Domestic violence Stories in Law: An analysis of R. v. J.A. and R. v. Ryan,” National Research Conference, The Freda Centre for Research On Violence against women and Children, Simon Fraser University, Vancouver, November 2012.

“Addressing Equity and Difference:  Restorative Justice and Gendered Violence,” Plenary presentation, “Institutionalizing Restorative Practices:  Building Alliances Among Practitioners, Policy-Makers & Scholars,” The 14th World Conference of the IIRP in collaboration with NSRJ-CURA, Halifax, Nova Scotia, June 15th, 2011.

“Law, Restorative Justice and Gender-Based Violence: Exploring the Intersections,”  Workshop (with Lori Haskell) at “Institutionalizing Restorative Practices:  Building Alliances Among Practitioners, Policy-Makers & Scholars,” The 14th World Conference of the IIRP in collaboration with NSRJ-CURA, Halifax, Nova Scotia, June 16th, 2011.

“Restorative justice, Gendered Violence and Trauma,” 1 day workshop co-presented with Lori Haskell, Sponsored by The Nova Scotia Advisory Council on the Status of Women, December 10, 2010, Halifax, Nova Scotia.

“Putting the Radical Back into Feminism:  Some Thoughts on Radical Feminist Scholarship and its Reception,” Co-Presented with Janine Benedet, (Law, UBC) McGill Institute, June, 2010, Barbados.

“Sex Equality, Gendered Violence and the Law,” Presented at ACWHRP Workshop (African Canadian Women’s Human Rights Project), Feb. 21st, 2010, Nairobi, Kenya.

“State Accountability for Gendered Violence: National and International Legal Considerations” Presented at:  Sexual Assault Law, Practice & Activism in a Post-Jane Doe Era, a National Conference, University of Ottawa, March 6-9th, 2009.

“Law, Restorative Justice and Gender Based Violence,” Presented at:  32nd Canadian Congress on Criminal Justice:  Problem Solving Justice,” October 28 – 31, 2009, Halifax Marriott Harbourfront Hotel , Halifax, Nova Scotia, Canada, October 30th, 2009.

Educating Courts About the Complexities of Victim Responses:  The Urgent Need for an Enhanced Understanding, Victim Witness Program, Toronto, January 16, 2009, and September 26, 2008.

Educating Courts About the Complexities of Domestic Violence:  Challenges for Crowns, Province of British Columbia Crown Counsel Conference, Whistler, B.C. April 3, 2008.

“Educating Courts About the Complexities of Domestic Violence:  Challenges for Crowns,”  Presentation at Crown Domestic Violence Co-Leads Provincial Conference, Ministry of the Attorney General, Toronto, November 28, 2007. 

“Private Law and State Accountability for Gendered Violence: Tort Actions for Failure to Protect,” Feminist Fridays, Institute for Feminist Legal Studies, Osgoode Hall Law School, October 26, 2007.

“Sexuality, Agency, and Feminist Legal Theory,” AHRC Research Centre for Law, Gender and Sexuality Faculty of Law, University of Kent, Canterbury, UK, March 13, 2007.

Domestic Violence and the Challenge of Legal Education,” Presentation to:  Faculty of Law, University of Westminster, London, UK, March 15, 2007.

“State Responsibility for Ending Violence Against Women:  International and National Considerations,” Canadian Council on International Law, Annual Conference, “Responsibility of Individuals, States and Organizations,” University of Ottawa, October 26-28, 2006.

“Vulnerable Witnesses and the Challenge of Credibility Assessments,” Ontario Court of Justice Sault Ste. Marie, Regional Seminar, Kingston, Ontario, October 26th, 2006.

“Vulnerable Witnesses and the Challenge of Credibility Assessments,” Ontario Court of Justice Kingston Regional Seminar, Kingston, Ontario, October 10th, 2006.

“Agency, Sexuality and Feminist Legal Theory,” Presented at:  Why and How?  Theoretical and Methodological Directions in Law, Feminism, Gender and Sexuality, University of British Columbia, August, 2006.

“Equality Rights, Domestic Violence and the Canadian Charter of Rights and Freedoms,” Faculty of Law, University of Sydney, Sydney, Australia, April 6, 2006.

Keynote Presentation delivered at:  “Without Consent: Working to End Sexual Violence in B.C.,” B.C. Association of Specialized Victim Assistance and Counseling Programs Conference, Vancouver, December 6, 2005.

“Sexual Violence and Domestic Violence,”  presentation at Finding Common Ground:  Working Together to Reduce Domestic Violence”  a provincial conference, organized by the Ontario Women’s Directorate, Toronto, November 30, 2005.

“Intimate Abuse, Women’s Resistance and Representations of “Ideal Victims:”  Legal (Mis)Representations of Domestic Violence,” 29th International Congress on Law and Mental Health, 29e Congrès internationale de droit et de santé mentale, July 2-9 juillet 2005, International Academy of Law and Mental Health, Paris, France.

“Social and Legal Challenges in Processing Domestic Violence Cases:  The Complexities of Victimization,” Presented at Ontario Provincial Crown Conference, March 9, 2005, Toronto, Ontario.

“Some Key Legal Trends Relating to Domestic Violence,” and “The Dynamics of Intimate Violence:  Reluctant Victims and Recanting Witnesses in the 
Criminal Justice System,” presentations made at:  Enhancing Judicial Skills In Cases of Violence & Abuse in Intimate Relationships, a judicial education program organized by the National Judicial Institute and the Canadian Association of Provincial Court Judges, Whitehorse, Yukon, June 24-25, 2004.

“Domestic violence and the Charter,” invited presentation made at legal colloquium organized by Women’s Legal Education and Action Fund, “In Pursuit of Substantive Equality:  A Two Part Colloquium to Reinvigorate and Advance Equality Rights under the Charter,” Toronto, Ontario Bar Association, February 28, 2004.

“The Dynamics of Intimate Violence:  Assaulted Women’s Ambivalent Relationship to the Criminal Justice System,  Reluctant Victims and Recanting Witnesses,” presentation in the Saskatchewan Courts’ Education Seminar, "Evidence in Social Context," organized by the National Judicial Institute, Saskatoon, November 6, 2003

The Dynamics of Intimate Violence:  Social Contexts and Psychological Effects
The Contexts and Impacts of Intimate Violence on Victims” Presentation made at the Judicial Education program: “A Crime Like No Other,” organized by the Manitoba Court of Queen's Bench, Winnipeg, October, 2, 2003.

Domestic Violence, Law, and Judicial Decision Making,” Presentation made at the Judicial Education program: “A Crime Like No Other,” organized by the Manitoba Court of Queen's Bench, Winnipeg, October, 2, 2003.

“The Specialized Domestic Violence Courts in Ontario”  Psychology & Law, International, Interdisciplinary Conference 2003, University of Edinburgh, Edinburgh, Scotland, July 7, 2003.

“Law and Mental Health in the Specialized Domestic Violence Courts in Ontario,” International Association of Law and Mental Health, University of Amsterdam, July 11th, 2002, Amsterdam, Holland.

“Women’s Resistance to Sexual Violence” Gender Law and Sexuality Conference, June 29, 2002, Faculty of Law, Keele University, Keele, United Kingdom.

“Social Context and Legal Challenges in Dealing with Crimes of Sexual Violence”  Keynote Address delivered to Provincial Crown School Training Week, July 15th, 2002, Faculty of Law, University of Western Ontario, London, Ontario.

“Violence and Abuse in Intimate relationships”  -- Developing a Judicial Curriculum.  Presentation on work in progress of National Judicial Institute committee to develop Canadian judicial training materials, at NJI conference, “Social Context Training, ”Niagara on the Lake, June 7th, 2002.

“Representations of Women’s Victimization in Law” Annual Conference, National Association of Women and the Law, March 8-10, 2002, Ottawa, Ontario.

“Sex Discrimination, Accountability of Public Authorities, and the Public/Private Divide in Tort Law:  An Analysis of Doe v. Metropolitan Toronto (Municipality) Commissioners of Police” International Meeting of Law and Society Association, July 8, 2001 Joint Annual Meetings, Budapest, Hungary.

“Pathologizing the Plaintiff:  The Use of Defence Psychiatric Evidence in a Civil Action for Sexual Assault,” presentation at the International Academy of Law and Mental Health, Siena, Italy, July 9-14, 2000.

“Canadian Refugee Law, Gender Persecution, and the State:  The Asylum Claims of Women Fleeing  Sexual Violence,” Presentation at the Canadian Law & Society Association Conference, Lake Louise, Alberta, June 1-4, 2000.

Professional, Community and Other Publications

“Understanding Woman Abuse:  Social and Political Challenges” Discussion paper, Educational resource for publication/distribution by Education Wife Assault, a provincial educational organization (Fall, 2003).

(With L. Haskell)  “Sex, Coercion and  Sexual Assault in the Lives of Girls and Boys: What Educators Need to Know about Anti-Violence Education,” an Educational Resource for public distribution, for the Ontario Women’s Directorate’s provincial violence prevention campaign and materials, 2003.

“Promising Practices for the Prevention of Violence Against Women and Girls:  Key Findings from the Literature” -- contribute to research report (With David Wolfe and Anna-Lee Straatman) for Ontario Women’s Directorate (followed by presentation to key OWD personnel to inform a provincial violence prevention campaign), 2002, 26 pp.

(With L. Haskell)  “Sexual Assault:  What Every Girl and Young Woman Should Know,”  an Educational Resource for public distribution, for the Ontario Women’s Directorate’s provincial violence prevention campaign and materials, 2002.  http://www.citizenship.gov.on.ca/owd/english/youth/sexualassault-definition.htm

(With L. Haskell)  “What You Need to Know About Sex, Coercion and  Sexual Assault: A Discussion paper for Boys and Young Men,” an Educational Resource for public distribution, for the Ontario Women’s Directorate’s provincial violence prevention campaign and materials, 2002. 

“Best Practices for the Prevention of Violence Against Women and Girls:  Key Findings from the Literature,”  A background policy paper prepared with Dr. David Wolfe, Centre for Research on Violence Against Women and Children, for the Ontario Women’s Directorate, November, 2002.

(With L. Haskell)  “Gender, Violence and Girls,” Background Paper prepared for the Girl Child Project, funded by Status of Women Canada, Centre for Research on Violence Against Women and Children, University of Western Ontario, Fall, 2000.

Editor, “Confronting Violence in Women’s Lives,” Special Issue of RFR/DRF, vol. 26, nos. 3-4, Fall/Winter, 1998-1999.

(With L. Haskell and L. Chen) Educating for Change, 2nd ed. An anti-violence education resource inventory, published by the Centre for Research on Violence Against Women and Children, University of Western Ontario, 1998.

(With L. Haskell)  "The Extent of Sexual Violence in Women's Lives."  Globe and Mail,  Op-Ed Article, September 8th, 1993.

(With L. Haskell)  "The Women's Safety Project:  Summary of Key Statistical Findings.".  Published in:  Changing the Landscape / Achieving Equality, Final Report of the Canadian Panel of Violence Against Women.  Ottawa:  Minister of Supply and Services, 1993.

(With M. Andersen and A. Sheth) Editor, "Transforming Knowledge and Politics."  Special 20th anniversary issue of RFR/DRF, vol. 20, no. 3-4 (pub. 1992).

"Men Cannot Know the Same Feelings of Fear:  The Montreal Massacre."  Op-Ed Article, Globe and Mail, December 12, 1989.

"Feminist Theory, Political Philosophy and the Politics of Reproduction:  An Annotated Bibliography." In "Feminist Theory:  The Influence of Mary O'Brien,"  Special Theme Issue of Resources for Feminist Research, Vol. 18, No. 3, (September 1989).

(With S. Brodribb) "The Writings of Mary O'Brien:  An Annotated Bibliography."  In "Feminist Theory:  The Influence of Mary O'Brien,"  Special Theme Issue of Resources for Feminist Research, Vol. 18, No. 3,  (September 1989). 

"The Politics of Woman Abuse:  Understanding the Issues."  A Discussion Paper.  (Toronto:  Education Wife Assault, 1989).

"Violence Against Women:  An Annotated Bibliography."  Toronto:  Education Wife Assault, 1989.

"The State Bibliography:  An Annotated Bibliography on Women and the State in Canada."  A Special Publication of Resources for Feminist Research  1989.

"Sexual Terrorism."  In Broadside: A Feminist Review, (1989).

(With S. Findlay)  Guest Editor "Feminist Perspectives on the Canadian State," Special Theme issue of Resources for Feminist Research, Vol. 17, No. 3, (September 1988).

"It's Only Sexual Intrusion. . ."  Broadside: A Feminist Review, Vol. 8, No. 8, (June 1987).

"To Serve and Neglect: Toronto Police Responses to Sexual Assault."  Broadside: A Feminist Review, Vol. 8, No. 2, (November 1986).

Editor, "Feminist Directions," Special Issue of Resources for Feminist Research, Vol. 14, No. 3, (November 1985).