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Criminal Law

Racism

Schulich School of Law, Dalhousie University

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Full-Text Articles in Law

African Nova Scotian Restorative Justice: A Change Has Gotta Come, Michelle Y. Williams Oct 2013

African Nova Scotian Restorative Justice: A Change Has Gotta Come, Michelle Y. Williams

Dalhousie Law Journal

Anti-Black racism in the criminal justice system is a concern for people ofAfrican descent throughout the diaspora, including Nova Scotia-a province shaped by slavery and segregation. A relational theory of restorative justice suggests that a restorative approach to criminal harms could yield transformational results within and beyond the criminal justice system. Using a critical race analysis, this paper demonstrates that despite the theoretical promise, restorative justice practice in Nova Scotia has not met the needs of African Nova Scotians nor fundamentally transformed structural racism within the system. The author concludes that a culturally specific, community-led African Nova Scotian justice strategy …


The Aftermath Of The Marshall Commission: A Preliminary Opinion, H Archibald Kaiser May 1990

The Aftermath Of The Marshall Commission: A Preliminary Opinion, H Archibald Kaiser

Dalhousie Law Journal

Prolegomena to the Cure or the Beginning of the Epitaph: "Look, Doctor, try to see things my way. All the diagnoses have been made and the treatment has been prescribed, but somehow ... I just don't feel quite right. Sometimes I think I'll never get well. Is there something you haven't told me? The Doctor's skeptical but still deferential patient echoes the sentiments of many who have keenly observed the unfolding of the Donald Marshall, Jr. saga. A monstrous injustice was perpetrated and then sustained over a period of fifteen years in the conviction and ongoing persecution of an innocent …