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Critical race theory (CRT) is a helpful theoretical lens to understand the origins and practices of five ethno-racial legal clinics in the province of Ontario. Both the development of a distinctly Canadian CRT scholarship and the day-to-day work of ethno-racial legal clinics would be mutually enriched by a much closer and robust union between scholarship and praxis. In particular, the praxis of Ontarian ethno-racial legal clinics is put into conversation with Amna A. Akbar’s vision in “Toward a Radical Imagination of the Law,” which outlines a profoundly transformative standard of CRT that broadens the analysis of racial power to look at how the law, capitalism, and the state may operate in tandem to produce intersectional inequality. Based on the theoretical tenets of CRT, this article traces the development of ethno-racial legal clinics and their unique praxis and, using the insight of “looking to the bottom” as an epistemological approach to law, demonstrates that ethno-racial community legal clinics provide a useful vehicle to understand structural racism. CRT can therefore offer a robust theoretical framework to support the cause of advancing racial justice through legal practice. Ethno-racial legal clinics embrace a democratic approach to the law that has the potential to transform traditional forms of legal representation by engaging in systemic advocacy and community outreach and aligning advocacy efforts with social movements to help build community power and facilitate broader social change. However, they also face institutional pressures that pull their practice of the law back towards traditional models—pressures that they must delicately navigate in their day-to-day work.
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<div> This article examines the expansion of policing and surveillance powers in Canada during the COVID-19 pandemic, specifically focusing on emergency orders
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Since 2009, the United Nations has been engaged in a process of ‘strengthening’ the human rights treaty body system which monitors the implementation of the core international human rights treaties. The number of human rights treaty bodies has, over time, expanded to ten, with each treaty body independently tasked with monitoring an increasing number of States Parties’ compliance with human rights treaties and optional protocols. This proliferation has in turn precipitated the need for a process to improve the overall functioning of the system.While significant attention has been dedicated in the treaty body strengthening process to the issue of States Parties’ under-reporting and capacity deficits, comparatively little attention has been directed towards accessibility issues, capacity building, and technical assistance for domestic civil society organizations (CSOs) - groups whose informed and active participation are essential to the proper functioning of the entirety of the treaty body system. In light of this lack of attention, an ecosystem of intermediary non-government organizations (NGOs) has emerged organically to provide much needed capacity building, advisory services, and technical assistance to domestic CSOs looking to engage with treaty bodies. However, the ad hoc nature in which these intermediary NGOs have emerged and the lack of formalized institutional relationships with treaty bodies has resulted in a number of systemic issues that desperately need to be addressed in the treaty body strengthening process.This paper will discuss the ongoing process of treaty body strengthening, current services provided by intermediary NGOs to assist domestic CSOs in engaging with human rights treaty bodies (as well as the Universal Periodic Review), gaps within the current framework, and recommendations to improve access for domestic CSOs within the current treaty body strengthening process.
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