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Full-Text Articles in Law
Protecting Identity By Ignoring It? A Critical Look At The French And Rwandan Paradoxes, Frédéric Mégret
Protecting Identity By Ignoring It? A Critical Look At The French And Rwandan Paradoxes, Frédéric Mégret
Dalhousie Law Journal
This article seeks to critically examine political and legal practices of "racial blindness" by comparing two countries that have most enthusiastically embraced it as an official policy and even ideology: France and Rwanda. By highlighting the differences but also the significant commonalities between the two, it seeks to dynamically emphasize their explicit and implicit construction of race and ethnicity The case for racial blindness is first presented in the terms in which it is largely understood in those countries, and taken seriously as an effort to deal with their unique legacies and political circumstances, notably as part of a desire …
Guilty Displeasures: White Resistance In The Social Justice Classroom, Rakhi Ruparelia
Guilty Displeasures: White Resistance In The Social Justice Classroom, Rakhi Ruparelia
Dalhousie Law Journal
In this article, the author reflects on the challenges of teaching white law students about racism and whiteprivilege asa racializedprofessor To situateher experiences and to better understand the obstacles that professors who teach critically about race and racism confront, she draws from theories of racial identity development and research on student evaluations to contextualize student responses to antiracist pedagogy Grappling with racism in a meaningful way leaves many white students feeling distraught, angry and guilty, among other unpleasant emotions. Professors who initiate these discussions become the natural targets of criticism and blame as students struggle with their discomfort. The hostility …
The Impact Of "Chartervalues" And Campbell V. Jones: Is It Now Easier To Establish Qualified Privilege Against Defamation?, Geoffrey Duckworth
The Impact Of "Chartervalues" And Campbell V. Jones: Is It Now Easier To Establish Qualified Privilege Against Defamation?, Geoffrey Duckworth
Dalhousie Law Journal
The purpose of this case comment is to impel a discourse on whether Campbell v. Jones' has "loosened the test" on qualified privilege. In the aftermath of the Court ofAppeal decision, it might be tempting to suggest that Campbell v. Jones means that the defence of qualified privilege is being re-fabricated in light of the advent of the Charter of Rights and Freedoms, in order to take an expanded account of "Charter values" such as freedom of expression. This case comment adopts the contrary view, and asserts that what Campbell has really done is clarify exactly which type of extraordinary …
No Dichotomies: Reflections On Equality Forafrican Canadians In R. V. R.D.S., April Burey
No Dichotomies: Reflections On Equality Forafrican Canadians In R. V. R.D.S., April Burey
Dalhousie Law Journal
The contrasts, in form and substance, were stark. In form, I was a black woman in a wheelchair, pleading before an all-white, able-bodied and almost all-male Supreme Court of Canada. The usually empty public galleries in the Ottawa courtroom were filled with people of colour, who had come from across the country to witness the hearing of this landmark case. On their entrance, the nine white judges, dressed in their staid, black robes made an almost audible gasp as they were met with this colourfully clad, intently silent band of people of colour.
What's The Difference? Interpretation, Identity And R. V. R.D.S., Allan Hutchinson, Kathleen Strachan
What's The Difference? Interpretation, Identity And R. V. R.D.S., Allan Hutchinson, Kathleen Strachan
Dalhousie Law Journal
Lawyers hanker after authority. Whether it be in enforcing the law or justifying law's institutional power, there is an almost desperate yearning to establish and maintain the legitimacy of law and, therefore, of themselves, in a social world in which the whole notion of authority is challenged and undermined. When it comes to matters of legal interpretation, jurists and judges still crave some method that will ground or trace back an interpretation to a foundational or ultimate source that can confer authority on one particular interpretation over another. However, recent jurisprudential debate has done fatal damage to the notion that …
Racial Segregation In Canadian Legal History: Viola Desmond's Challenge, Nova Scotia, 1946, Constance Backhouse
Racial Segregation In Canadian Legal History: Viola Desmond's Challenge, Nova Scotia, 1946, Constance Backhouse
Dalhousie Law Journal
Viola Desmond's courageous efforts to eliminate racial segregation are not as well known to Canadians in general. However, the legal response to Viola Desmond' s challenge provides one of the best examples of the historical role of law in sustaining racism in Canada.
"Sentencing And Visible Minorities: Equality And Affirmative Action In The Criminal Justice System", Bruce P. Archibald
"Sentencing And Visible Minorities: Equality And Affirmative Action In The Criminal Justice System", Bruce P. Archibald
Dalhousie Law Journal
The Canadian criminal justice system is facing serious criticism for being racist. Certain Canadian laws and judicial decisions in the past have made the legal system an easy target for such charges. Canadian governments have acknowledged the problems of racism in Canadian society, and provincial and federal human rights legislation exemplify efforts to eradicate racial discrimination. However, racial discrimination persists in Canadian society and the criminal justice system occupies a particularly sensitive place in controversies over the role of the state in these problems. Moreover, the equality provisions in the Canadian Charter of Rights and Freedoms have quite properly raised …