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

Authors

Naiomi Metallic, Assistant Professor and Chancellor’s Chair in Aboriginal Law and Policy at the Schulich School of Law at Dalhousie UniversityFollow

Document Type

Response or Comment

Publication Date

2018

Keywords

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

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.

Recommended Citation

Naiomi Metallic, "Deference and Legal Frameworks Not Designed By, For or With Us" (27 February 2018) online: Administrative Law Matters, Paul Daly < https://www.administrativelawmatters.com/blog/2018/02/27/deference-and-legal-frameworks-not-designed-by-for-or-with-us-naiomi-metallic/ > [perma.cc/G4ZS-EQ88].