Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 3 of 3

Full-Text Articles in Law

Etuaptmumk: A Means To Advance Indigenous Economic Development “In A Good Way”, Frankie Young May 2023

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 Mar 2023

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 Mar 2023

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 …