Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Adjudicative System (1)
- Anti-Asian racism (1)
- Anti-Black racism (1)
- Civil Justice (1)
- Criminal justice system (1)
-
- Critical Race Scholarship (1)
- Critical race theory (1)
- Crown prosecutors (1)
- Crt (1)
- Disciplinary proceedings (1)
- Disciplinary proceedings involving Crown prosecutors and government lawyers (1)
- Etuaptmumk (1)
- Extraprofessional misconduct (1)
- Feminist Legal Scholarship (1)
- Government lawyers (1)
- Indigenous economic development (1)
- Informal Dispute Resolution (1)
- Legal education (1)
- Lifeline criminal jurisprudence (1)
- Mandatory Mediation (1)
- Mediation (1)
- Procedural Right (1)
- Rule of Law (1)
- Two-eyed seeing (1)
- Publication Type
Articles 1 - 5 of 5
Full-Text Articles in Law
Twenty Years After Krieger V Law Society Of Alberta: Law Society Discipline Of Crown Prosecutors And Government Lawyers, Andrew Flavelle Martin
Twenty Years After Krieger V Law Society Of Alberta: Law Society Discipline Of Crown Prosecutors And Government Lawyers, Andrew Flavelle Martin
Articles, Book Chapters, & Popular Press
Krieger v. Law Society of Alberta held that provincial and territorial law societies have disciplinary jurisdiction over Crown prosecutors for conduct outside of prosecutorial discretion. The reasoning in Krieger would also apply to government lawyers. The apparent consensus is that law societies rarely exercise that jurisdiction. But in those rare instances, what conduct do Canadian law societies discipline Crown prosecutors and government lawyers for? In this article, I canvass reported disciplinary decisions to demonstrate that, while law societies sometimes discipline Crown prosecutors for violations unique to those lawyers, they often do so for violations applicable to all lawyers — particularly …
Etuaptmumk: A Means To Advance Indigenous Economic Development “In A Good Way”, Frankie Young
Etuaptmumk: A Means To Advance Indigenous Economic Development “In A Good Way”, Frankie Young
Dalhousie Law Journal
A reckoning is required on how Eurocentric laws and economic systems are biased toward Western worldviews while not accounting for Indigenous realities, legal orders, or economic perspectives. Most notably, Eurocentric laws have been instrumental in advancing non-Indigenous economic interests to the detriment of Indigenous interests, largely because Indigenous laws have not been respected. The strengthening of certain Eurocentric property and contract laws have limited Indigenous peoples’ legal and economic interests and continues to constrain positive economic outcomes and advancement for Indigenous nations. This article argues that re-centering Indigenous legal traditions is a means to advance Indigenous economic interests. The principle …
Open Your Eyes: Teaching And Learning About Anti-Asian Racism And The Law In Canada, Angela Lee
Open Your Eyes: Teaching And Learning About Anti-Asian Racism And The Law In Canada, Angela Lee
Dalhousie Law Journal
Recently, policymakers, institutional actors, and the public have made greater efforts towards being attentive to issues relating to anti-racism and discrimination, as well as equity, diversity, and inclusion more broadly, prompted in part by growing calls for reconciliation with Indigenous peoples and the increasing visibility of the Black Lives Matter movement. Yet, there has been a relative dearth of attention paid to the specific ways in which anti-Asian racism manifests and is maintained, particularly in the Canadian context. More than just being a relic of the past, antiAsian racism is an ongoing phenomenon both within and beyond Canada’s borders, as …
Anchoring Lifeline Criminal Jurisprudence: Making The Leap From Theory To Critical Race-Inspired Jurisprudence, Danardo S. Jones
Anchoring Lifeline Criminal Jurisprudence: Making The Leap From Theory To Critical Race-Inspired Jurisprudence, Danardo S. Jones
Dalhousie Law Journal
This article takes as a starting point the claim that anti-Black racism permeates Canadian society and finds expression in our institutions, most notably the criminal justice system. Indeed, anti-Black racism in criminal justice and its impact on Black lives are not credibly in dispute. Thus, what should concern legal scholars is the staying power or permanence of racism. In other words, should Canadian legal scholars ‘get real’ about the intractability of race? Or can anti-Black racism be effectively confronted by developing legal and evidentiary tools designed to fix, rather than dismantle, the current system? Put another way, this article aims …
Exploring The Role Of Mandatory Mediation In Civil Justice, Nayha Acharya
Exploring The Role Of Mandatory Mediation In Civil Justice, Nayha Acharya
Articles, Book Chapters, & Popular Press
In this article, I offer a framing of the debates around mandatory mediation that rest on the premise that a legitimate civil justice process depends on unhindered access to an adjudicative system, which must be recognized as a procedural right. This is a keystone of the rule of law, and a valid legal system that deserves the authority that it asserts is contingent on this. My central thesis is that requiring mediation (which is independent of the rule of law) before allowing full access to adjudication compromises the procedural rights of legal subjects, and the rule of law principle. Such …