Title

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

Document Type

Editorial

Publication Date

2019

Keywords

Truth and Reconciliation Commission, First Nations, Indigenous Peoples, Public Interest

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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