Deference and Legal Frameworks Not Designed By, For or With Us

Owing to the work of the Truth and Reconciliation Commission (“TRC”), as well as to some high profile cases in the media of late, there is a growing realization that legal systems not designed by, for or with Indigenous peoples can perpetuate harms against them. Here, I argue that administrative law...

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Bibliographic Details
Main Author: Metallic, Naiomi
Format: Text
Language:unknown
Published: Schulich Law Scholars 2019
Subjects:
Truth and Reconciliation Commission
First Nations
Indigenous Peoples
Public Interest
Indigenous
Indian
and Aboriginal Law
Law
Online Access:https://digitalcommons.schulichlaw.dal.ca/scholarly_works/142
https://perma.cc/V7NR-JJGS
Description
Summary:Owing to the work of the Truth and Reconciliation Commission (“TRC”), as well as to some high profile cases in the media of late, there is a growing realization that legal systems not designed by, for or with Indigenous peoples can perpetuate harms against them. Here, I argue that administrative law rules that have developed around deference tend to place Indigenous peoples at a disadvantage in judicial review proceedings.

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