Page 1. Vol. XVI Tracking 'Terrorists ' or Solidifying Stereotypes? 95 TRACKING 'T... more Page 1. Vol. XVI Tracking 'Terrorists ' or Solidifying Stereotypes? 95 TRACKING 'TERRORISTS' OR SOLIDIFYING TEREOTYPES? CANADA'S ANTI-TERRORISM ACT m LIGHT OF THE CHARTER'S EQUALITY GUARANTEE ...
In her evocative masterpiece, The Alchemy of Race and Rights, published in 1991, Patricia William... more In her evocative masterpiece, The Alchemy of Race and Rights, published in 1991, Patricia Williams captured a moment in American legal thought that marked a turning point in expressions about race and power, and the implications for social equality. It contained lessons extending beyond America’s unique race history, to the general social and political dynamics in liberal democracy that create conditions of privilege and exclusion. She invited us to think about the place of law in the social and institutional practices that sustain status quo hierarchies, despite proclaimed civil rights commitments to justice. She also inspired hope that the role of the lawyer could be one of mutinous agitator—struggling from the inside, using the tools and skills of practice to support the causes of identifiable communities and social movements. Dans son chef-d’œuvre évocateur, The Alchemy of Race and Rights, publié en 1991, Patricia Williams a saisi un moment dans la pensée juridique américaine qu...
This paper’s discussion of the recent Supreme Court decision in L. (S.) v. Commission scolaire de... more This paper’s discussion of the recent Supreme Court decision in L. (S.) v. Commission scolaire des Chenes illustrates how the government action at issue — a multi-faith and ethics educational program designed to promote secular-egalitarian values that were in tension with the values of the claimants in the case — would have been vulnerable under the scrutiny of established religious accommodation law. For this reason, this paper warns that the Amselem framework proves untenable, for it invites a potentially limitless range of individual accommodation claims without any workable and transparent mechanism for reviewing, and judging, the content of those claims. In some cases, a specific government objective might justify limiting a freedom. But the question for courts in such cases is not only how far religious freedom should go and where the limit of freedom lies (in terms of undue hardship or minimal impairment). It also asks what religious freedom should mean conceptually. By “conc...
There is resounding consensus that diversity in legal education is a priority. Yet, North America... more There is resounding consensus that diversity in legal education is a priority. Yet, North American law schools continue to be criticized for failing to reflect the diversity of the society that they are training lawyers to serve. With the backdrop of critical scholarship and empirical evidence, this paper is a project of conceptual reorientation. The first part examines the past 20 years of diversity promotion in legal education and concludes that, while several advances have been made, especially in increasing numerical representation of diverse groups in law schools, the promise of meaningful diversity remains unfulfilled. The next part situates the site of reform on the model of professional identity being produced, which the author suggests is out of reach and out of touch for many minority students. In the final part, the author elucidates a program of transforming the norm of lawyering that is taught in law school. Grounded in a normative framework of access to justice and equ...
In 2008, a woman entered an Ontario courtroom to give evidence at a preliminary inquiry involving... more In 2008, a woman entered an Ontario courtroom to give evidence at a preliminary inquiry involving childhood sexual assault charges against her uncle and cousin. She sought to testify while wearing a niqab, a garment that conceals the entire head and face, leaving only an opening for the eyes. The court was asked to decide the novel question whether it could accommodate the Muslim veil in a system of justice that provided the accused with a right to face his accuser. The Supreme Court of Canada divided three ways, with justices disagreeing deeply both about the analysis for determining whether to permit a witness to wear the niqab, and the values and interests at play in this analysis.
Our goal in this paper is twofold: we seek to evaluate the development of juvenile justice in Afr... more Our goal in this paper is twofold: we seek to evaluate the development of juvenile justice in Africa by making use of a thorough and ethical method of analysis. We begin with a contextual explanation of the children's rights movement as it has developed on the continent. We then reframe David Kennedy's ten-item critique of the international human rights movement into three broad categories. Using these categories, we evaluate the development of juvenile justice in sub-Saharan Africa as it has arisen out of the children's rights movement.
There is resounding consensus that diversity in legal education is a priority Yet, North American... more There is resounding consensus that diversity in legal education is a priority Yet, North American law schools continue to be criticized for failing to reflect the diversity of the society that they are training lawyers to serve. This article is a project of conceptual reorientation against a backdrop of critical scholarship and empirical evidence. Parts I and II examine the past twenty years of diversity promotion in legal education, concluding that, while several advances have been made, especially in increasing numerical representation of diverse groups in law schools, the promise of meaningful diversity remains unfulfilled. Part III suggests that reforms in legal education, though well intentioned, have continued to focus on the production of a model of professional identity that is out of reach and out of touch for many minority students. In Parts IV and V, the author outlines a program for transforming the norm of [awyering taught in law school. Grounded in a normative framework of access to justice and equality, the author argues that experiential/clinical learning practices offer a useful method to achieve a more engaged pedagogical commitment to diversity in legal education.
In her evocative masterpiece, The Alchemy of Race and Rights, published in 1991, Patricia William... more In her evocative masterpiece, The Alchemy of Race and Rights, published in 1991, Patricia Williams captured a moment in American legal thought that marked a turning point in expressions about race and power, and the implications for social equality. It contained lessons extending beyond America's unique race history, to the general social and political dynamics in liberal democracy that create conditions of privilege and exclusion. She invited us to think about the place of law in the social and institutional practices that sustain status quo hierarchies, despite proclaimed civil rights commitments to justice. She also inspired hope that the role of the lawyer could be one of mutinous agitator struggling from the inside, using the tools and skills of practice to support the causes of identifiable communities and social movements.
Abstract: The Bill of Rights expressly prohibits unfair discrimination on the basis of disability... more Abstract: The Bill of Rights expressly prohibits unfair discrimination on the basis of disability; however the Constitutional Court has not yet addressed the meaning or scope of disability equality. This article seeks to develop an indigenous model of conceptualizing and ...
It is well understood that there can be no legal right without a remedy and, further, that the re... more It is well understood that there can be no legal right without a remedy and, further, that the remedy must be accessible if it is to be meaningful. In reality, however, the pragmatic concerns associated with effectuating access-to-justice have proven complex. Of particular concern is how best to ensure access-to-justice for those who lack the financial means to litigate. This concern has taken on a particular importance in light of two recent Supreme Court of Canada decisions on advanced costs and the right to legal aid, as well as the Government of Canada's recent cancellation of the Court Challenges Program. The current deficit in access-to-justice programs suggests that a more multi-faceted approach involving judicial initiatives, legislative programs and coordination amongst social activists is needed to uphold the constitutional value of access to the justice system. The author argues, through doctrinal, theoretical and case study analysis, that increasing access-to-justice necessarily entails taking positive steps to create access to the courts, rather than relying solely upon the inherent limitations of judicial pronouncements and doctrine. Further, the author suggests that this multi-faceted approach would encourage lawyers to empower communities, demystify the law and contribute to the institutionalization of access-to-justice.
Page 1. Vol. XVI Tracking 'Terrorists ' or Solidifying Stereotypes? 95 TRACKING 'T... more Page 1. Vol. XVI Tracking 'Terrorists ' or Solidifying Stereotypes? 95 TRACKING 'TERRORISTS' OR SOLIDIFYING TEREOTYPES? CANADA'S ANTI-TERRORISM ACT m LIGHT OF THE CHARTER'S EQUALITY GUARANTEE ...
In her evocative masterpiece, The Alchemy of Race and Rights, published in 1991, Patricia William... more In her evocative masterpiece, The Alchemy of Race and Rights, published in 1991, Patricia Williams captured a moment in American legal thought that marked a turning point in expressions about race and power, and the implications for social equality. It contained lessons extending beyond America’s unique race history, to the general social and political dynamics in liberal democracy that create conditions of privilege and exclusion. She invited us to think about the place of law in the social and institutional practices that sustain status quo hierarchies, despite proclaimed civil rights commitments to justice. She also inspired hope that the role of the lawyer could be one of mutinous agitator—struggling from the inside, using the tools and skills of practice to support the causes of identifiable communities and social movements. Dans son chef-d’œuvre évocateur, The Alchemy of Race and Rights, publié en 1991, Patricia Williams a saisi un moment dans la pensée juridique américaine qu...
This paper’s discussion of the recent Supreme Court decision in L. (S.) v. Commission scolaire de... more This paper’s discussion of the recent Supreme Court decision in L. (S.) v. Commission scolaire des Chenes illustrates how the government action at issue — a multi-faith and ethics educational program designed to promote secular-egalitarian values that were in tension with the values of the claimants in the case — would have been vulnerable under the scrutiny of established religious accommodation law. For this reason, this paper warns that the Amselem framework proves untenable, for it invites a potentially limitless range of individual accommodation claims without any workable and transparent mechanism for reviewing, and judging, the content of those claims. In some cases, a specific government objective might justify limiting a freedom. But the question for courts in such cases is not only how far religious freedom should go and where the limit of freedom lies (in terms of undue hardship or minimal impairment). It also asks what religious freedom should mean conceptually. By “conc...
There is resounding consensus that diversity in legal education is a priority. Yet, North America... more There is resounding consensus that diversity in legal education is a priority. Yet, North American law schools continue to be criticized for failing to reflect the diversity of the society that they are training lawyers to serve. With the backdrop of critical scholarship and empirical evidence, this paper is a project of conceptual reorientation. The first part examines the past 20 years of diversity promotion in legal education and concludes that, while several advances have been made, especially in increasing numerical representation of diverse groups in law schools, the promise of meaningful diversity remains unfulfilled. The next part situates the site of reform on the model of professional identity being produced, which the author suggests is out of reach and out of touch for many minority students. In the final part, the author elucidates a program of transforming the norm of lawyering that is taught in law school. Grounded in a normative framework of access to justice and equ...
In 2008, a woman entered an Ontario courtroom to give evidence at a preliminary inquiry involving... more In 2008, a woman entered an Ontario courtroom to give evidence at a preliminary inquiry involving childhood sexual assault charges against her uncle and cousin. She sought to testify while wearing a niqab, a garment that conceals the entire head and face, leaving only an opening for the eyes. The court was asked to decide the novel question whether it could accommodate the Muslim veil in a system of justice that provided the accused with a right to face his accuser. The Supreme Court of Canada divided three ways, with justices disagreeing deeply both about the analysis for determining whether to permit a witness to wear the niqab, and the values and interests at play in this analysis.
Our goal in this paper is twofold: we seek to evaluate the development of juvenile justice in Afr... more Our goal in this paper is twofold: we seek to evaluate the development of juvenile justice in Africa by making use of a thorough and ethical method of analysis. We begin with a contextual explanation of the children's rights movement as it has developed on the continent. We then reframe David Kennedy's ten-item critique of the international human rights movement into three broad categories. Using these categories, we evaluate the development of juvenile justice in sub-Saharan Africa as it has arisen out of the children's rights movement.
There is resounding consensus that diversity in legal education is a priority Yet, North American... more There is resounding consensus that diversity in legal education is a priority Yet, North American law schools continue to be criticized for failing to reflect the diversity of the society that they are training lawyers to serve. This article is a project of conceptual reorientation against a backdrop of critical scholarship and empirical evidence. Parts I and II examine the past twenty years of diversity promotion in legal education, concluding that, while several advances have been made, especially in increasing numerical representation of diverse groups in law schools, the promise of meaningful diversity remains unfulfilled. Part III suggests that reforms in legal education, though well intentioned, have continued to focus on the production of a model of professional identity that is out of reach and out of touch for many minority students. In Parts IV and V, the author outlines a program for transforming the norm of [awyering taught in law school. Grounded in a normative framework of access to justice and equality, the author argues that experiential/clinical learning practices offer a useful method to achieve a more engaged pedagogical commitment to diversity in legal education.
In her evocative masterpiece, The Alchemy of Race and Rights, published in 1991, Patricia William... more In her evocative masterpiece, The Alchemy of Race and Rights, published in 1991, Patricia Williams captured a moment in American legal thought that marked a turning point in expressions about race and power, and the implications for social equality. It contained lessons extending beyond America's unique race history, to the general social and political dynamics in liberal democracy that create conditions of privilege and exclusion. She invited us to think about the place of law in the social and institutional practices that sustain status quo hierarchies, despite proclaimed civil rights commitments to justice. She also inspired hope that the role of the lawyer could be one of mutinous agitator struggling from the inside, using the tools and skills of practice to support the causes of identifiable communities and social movements.
Abstract: The Bill of Rights expressly prohibits unfair discrimination on the basis of disability... more Abstract: The Bill of Rights expressly prohibits unfair discrimination on the basis of disability; however the Constitutional Court has not yet addressed the meaning or scope of disability equality. This article seeks to develop an indigenous model of conceptualizing and ...
It is well understood that there can be no legal right without a remedy and, further, that the re... more It is well understood that there can be no legal right without a remedy and, further, that the remedy must be accessible if it is to be meaningful. In reality, however, the pragmatic concerns associated with effectuating access-to-justice have proven complex. Of particular concern is how best to ensure access-to-justice for those who lack the financial means to litigate. This concern has taken on a particular importance in light of two recent Supreme Court of Canada decisions on advanced costs and the right to legal aid, as well as the Government of Canada's recent cancellation of the Court Challenges Program. The current deficit in access-to-justice programs suggests that a more multi-faceted approach involving judicial initiatives, legislative programs and coordination amongst social activists is needed to uphold the constitutional value of access to the justice system. The author argues, through doctrinal, theoretical and case study analysis, that increasing access-to-justice necessarily entails taking positive steps to create access to the courts, rather than relying solely upon the inherent limitations of judicial pronouncements and doctrine. Further, the author suggests that this multi-faceted approach would encourage lawyers to empower communities, demystify the law and contribute to the institutionalization of access-to-justice.
Uploads
Papers