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CRM3322 (29)

Critical Race Theory January 14 2014.docx

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Kenneth Campbell

Critical Race Theory (continued) January 14, 2014 Canadian CRT •Began in 1980s - recognition that issues of race permeated the legal landscape o It's a disciple on its own •In Canada, many denied racism exists •Dichotomy exists between Canada's public/international image as an "egalitarian" society and the reality •Much judicial support for racial segregation historically •1995: illustrates discriminatory practice in the CJS manifest in federal and provincial law and policy o Systemic discrimination •Institution of slavery lasted 200 years in Canada (abolished in 1883) •Constitution of Confederation (1867) did not protect Blacks or racial minorities •School segregation occurred until the 1960s •Employment discrimination was widespread •Blacks have been excluded historically from the law schools and legal profession o People with a legal degree have the power to make changes o Systemic exclusion to not allow them into law school •Is Canadian racism "invisible"? o Seems to be more covert, policy-wise; the effects are more visible (ex. Over- representation of minorities in prisons) o Hearing racist and negative messages, it can impact your self-perception and how you grow up; self-fulfilling prophecy •Ongoing and growing dissatisfaction with the state of relations between the police and racial minority communities o The police are the first point of contact; there has been studies conducted that prove that the police has exhibited discriminatory behaviour •Claims of excessive use of force involving shootings in Toronto, Montreal - involve issues of racism •Doctrine of "colour-blindness" promoted the myth that in Canada racism was never a factor in society •This statement doesn't reflect reality Historical Supreme Court Cases •Quong Wing v. The King (1914) o Born in China, naturalized Canadian citizen; owns a restaurant o Hired 2 white women as waitresses o Charged for hiring white women to work for a Chinese men o Quong argued that the law didn't include naturalized citizens o Supreme Court held the decision against Quong •Christie v. York Corp (1940) o Allowed private establishments to discriminate o Bartender refused to serve a black man o Judge: can't refuse to serve someone with reasonable grounds; this doesn't apply, the owner can choose who they want to serve •Noble and Wolfe v. Alley (1951) o Noble bought a cottage and wanted to sell it to Wolfe • Lease said that the cottage can't be sold to certain people which included Jewish people o Wanted to nullify covenant but the community rebelled against that because they didn't want Jewish people in their neighbourhood o Ruled that the covenant was invalid •Narine-Singh v. Attorney General of Canada (1955) o Can refuse immigrants based on race; Narine-Singh was Asian-Trinidadian o Ruled that "race" is a discernible factor in Canadian public policy •These 4 cases challenged the view that Canada, historically, was a tolerant country •Court legitimatized racial categories and maintained barriers Discrimination was legal •Discrimination was considered legal with no law forbidding it outright •Human Rights Code of the 1980s were thought to "create" rather than "recognize" the right to freedom from discrimination o Issue of inherent rights (don't need a court to recognize them) o Paternalistic •Doctrine of precedent (previous decided cases comprise authority in deciding future cases) - roots the law in the past o Change can only ha
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