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You are working as part of your articling program at a law firm in Toronto. One of the senior partners has asked that you to

  1. You are working as part of your articling program at a law firm in Toronto. One of the senior partners has asked that you to write a short article on the legacy of R. v. Gladue in terms of addressing disproportionate overrepresentation of Canada's Aboriginal peoples in correctional facilities. The partner is hoping to raise awareness in the firm, and within the broader community, about how this case affected Canadian law, and the application of S718.2(e) of the Canadian Criminal Code. While there are plenty of opinions circulating about whether 'Gladue Courts' or 'Gladue Reports' are effective, there isn't a lot of discussion about the underlying issue of structural racism that S718.2(e) (and the R. v Gladue ruling) was trying to address. The senior partner has heard that you've studied issues of discrimination and inequality in Canadian Law and is hoping you can write a something that will explain some of the nuances of this question to others in the community.

Consider and discuss what:

  • Wenar, Leif (2004) The unity of Rawls's work. The Journal of Moral Philosophy, 1 (3). pp. 265-275

https://eprints.whiterose.ac.uk/1616/2/wenarl_Unity7-24-04.pdf

  • Nancy Fraser "Redistribution or Recognition?" - 7 to 48

https://tannerlectures.utah.edu/_resources/documents/a-to-z/f/Fraser98.pdf

  • Glen Sean Coulthard - Red Skin, White Masks: Rejecting the Colonial Politics of Recognition - Chapter 3 (79- 103)

https://www.researchgate.net/publication/308093951_Coulthard_Glen_Sean_Red_Skin_White_Masks_Rejecting_the_Colonial_Politics_of_Recognition

was intended to address, and how the key conceptual tools drawn from the readings above help us understand both the problem and the potential insufficiency of how the law has responded.

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