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

Document Type

Response or Comment

Publication Date



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


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.