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2017

Osgoode Hall Law Journal

Discrimination in justice administration

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The Wastelander Life: Living Before And After The Release Of Daniels V Canada, Signa A. Daum Shanks Oct 2017

The Wastelander Life: Living Before And After The Release Of Daniels V Canada, Signa A. Daum Shanks

Osgoode Hall Law Journal

The difficulties of entering the Canadian legal system for Indigenous peoples often includes the challenge of using the tools that have a history of harming those same peoples in the first place. Such a reality means the pursuit of recognition in Canadian law will not always be a positive experience—even when a decision supposedly represents a ‘win.’ Here, the author considers some of the effects that have developed from the release of Daniels v Canada. As with other Supreme Court of Canada releases, it inspires observations about colonialism, the modern plight of Indigenous peoples, and the rule of law.