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Reconciling Tort And Administrative Law Concepts Of Justice: The Case Of Historical Wrongs, Laverne Jacobs

Law Publications

The first part of this article provides an overview of the most dominant private and public law approaches that have been attempted in the courts by plaintiffs seeking redress for historical wrongs and outlines why these approaches have been unsuccessful. It also defines the notion of historical wrongs and provides background on the two historical wrongs used as a case study in this paper – Aboriginal residential schools and sexual sterilization in Alberta. In the second part, I turn to discuss the phenomenon of creating compensation schemes as an alternative to traditional court action. Two illustrative examples are the outcry …