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

Naiomi Metallic

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

Research output: Other contribution

Abstract

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.

Original language	Canadian English
Publication status	Published - Jan. 1 2018

Keywords

Deference
Judicial Review
Indigenous Peoples
Systemic Racism
Systemic Discrimination
Critique of Legal System

Disciplines

Administrative Law
Indigenous, Indian, and Aboriginal Law
Law

Access to Document

https://www.administrativelawmatters.com/blog/2018/02/27/deference-and-legal-frameworks-not-designed-by-for-or-with-us-naiomi-metallic/

Cite this

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

abstract = " 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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Y1 - 2018/1/1

N2 - 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.

AB - 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.

KW - Deference

KW - Judicial Review

KW - Indigenous Peoples

KW - Systemic Racism

KW - Systemic Discrimination

KW - Critique of Legal System

UR - https://digitalcommons.schulichlaw.dal.ca/scholarly_works/1921

UR - https://www.administrativelawmatters.com/blog/2018/02/27/deference-and-legal-frameworks-not-designed-by-for-or-with-us-naiomi-metallic/

M3 - Other contribution

ER -

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

Abstract

Keywords

Disciplines

Access to Document

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Cite this