Critical Conversations in Canadian Public Law, livre ebook

Critical Conversations in Canadian Public Law is a groundbreaking open-access collection of peer-reviewed essays showcasing interdisciplinary thinking on topical public law issues at the forefront of the evolving relationship between state and society.
In Canada, this relationship is undergoing a period of significant reinvention, as evidenced, for example, by the movements for reconciliation, decolonization and Indigenization, the calls to recognize and remedy systemic racism in institutions including police forces, and the recent extension of human rights protections to prohibit discrimination based on gender identity or expression.
These examples reveal that we are experiencing a moment where claims that challenge the normative foundations of the discipline of public law are being made in real time; claims about citizenship, rights, and access to resources and benefits; claims about what substantive and procedural fairness look like, and for whom; claims about the obligations and limits of the state to proactively address both historical and current injustices; and challenges to the underlying assumptions about the state itself.
Critical Conversations in Canadian Public Law highlights the intersections of critical perspectives–including intersectional approaches to decolonial and Indigenous legal theory, Indigenous constitutionalisms, critical race theory, feminisms, queer theory and critical disability theory–and public law topics, broadly defined.
This collection bridges the divide between traditional, largely liberal, public law scholarship and critical perspectives by centring critical theories as not only relevant, but imperative, to robust, fully contextualized understandings of contemporary public law challenges.

Although the essays in this collection could be organized in various ways – the groups they impact; the areas they inform; the methods they employ – we summarize them based on subject area, below. Before that summary, however, we briefly identify five cascading themes reflected across the essays in this collection—and across our varied experiences with the law—that are pivotal to the law’s consistent mobilization to reify extant power disparities in society. Those themes are: exceptionalism, capitalism, segmentation, incrementalism, and formalism. As the essays in this collection show, careful interrogation by legal scholars and practitioners of these patterns is crucial to effective scholarly and organized resistance.

List of Figures
Acknowledgements
Introduction
Joshua Sealy-Harrington, Karen Drake, Kyle Kirkup, Anne Levesque, and Jena McGill
Section A: Indigenous Peoples and Critical Approaches to Canadian Law
Chapter A-1
Critical Theory and Crown-Indigenous Relations
Gordon Christie
Chapter A-2
Indigenous Rights and Responsibilities to Language Transmission: Implementing Article 14 of UNDRIP
Lorena Sekwan Fontaine
Chapter A-3
Critical Approaches to Jurisdiction: The Struggle for Control of Indigenous Lands and Resources
Dayna Nadine Scott
Chapter A-4
Four Views of Métis Constitutionalism
Kerry Sloan
Chapter A-5
Wanted: Indigenous Representation on the Supreme Court of Canada (But the Indian in the Child Must Be Gone!)
Harry S. LaForme
Section B: Policing, Criminal Law, and the Carceral State
Chapter B-1
Is Gladue Sentencing Exceptional?
Lisa Kerr
Chapter B-2
Abolitionist Lawyers: Making Prisons Obsolete
Reakash Walters
Chapter B-3
Être puni·e sans nécessairement être condamné·e : la punitivité avant procès et au-delà de la matière criminelle en droit canadien
Véronique Fortin et João Velloso
Chapter B-4
The Hunt for Red October: Critical Race Theory and Racial McCarthyism
Vincent Wong
Chapter B-5
The School Policing Origins of R v Grant
Lisa M. Kelly
Chapter B-6
An Open Letter to Legal Workers: Imagining a World Beyond Civilian Oversight of Policing
Meenakshi Mannoe
Section C: Boundaries and Borders of Public Law
Chapter C-1
The Xenophobic Gap in the Charter’s Equality Guarantee
Y. Y. Brandon Chen
Chapter C-2
Disruptive Choices: Agency, Religious Freedom, and Veiling Muslim Women in Canadian Constitutional Law
Ashleigh Keall
Chapter C-3
Pour une application de la Charte fondée sur les droits de l’enfant
Mona Paré
Chapter C-4
Critical Disability Theory and Public Law in Canada: The Case of Longueépée v University of Waterloo
Ravi Malhotra
Chapter C-5
Critical Perspectives in Canadian Tax Law
Samuel Singer and Allison Christians
Biographies