The Place of Justice

Edited by Law Commission of Canada

Justice and its “place” within society are highly contested, both in terms of how they are conceptualized and how they are applied. As citizens, we frequently discuss and debate what it means to live in a just society. We lobby for law reform to seek more or better justice. We participate in protests to raise awareness of social justice. Yet, what is the actual “place” of justice in contemporary society? Drawing from several disciplines—including law, criminology, women’s studies, art, and geography—and interrogating many sites—such as provinces, courtrooms and the street—the authors critically examine law and space. In the process they raise fundamental questions about the equivalency drawn between law and justice in orthodox liberal thought.

This collection stems from the first annual Nathalie Des Rosiers Audacity of Imagination Award, sponsored by the Law Commission of Canada, the Canadian Federation for the Humanities and Social Sciences, and the Department of Justice Canada. The award is for graduate students who are actively engaged in original and innovative research in pursuit of masters or doctoral degrees in law or the social sciences and humanities. The goal is to stimulate critical and multidisciplinary discussion and debate about fundamental issues of law and society.

Contents

• Introduction: The Place of Justice (Nicholas Blomley and Sean Robertson)
• “Whose Streets? Our Streets!”: Protest, Place and Justice in Canadian Society (Kirsty Robertson)
• (Mis)Placed Justice: Justice, Care and Reforming the “Best Interests of the Child” Principle in Canadian Child Custody and Access Law (Fiona Kelly)
• National Responsibility and Systemic Racism in Criminal Sentencing: The Case of R. v. Hamilton (Carmela Murdocca) 
• Re-Placing (In)Justice: Disability-Related Facilities at the Ontario Municipal Board (OMB) (Lilith Finkler) 
• Putting Cyberspace in its Place: Law, the Internet and Spatial Metaphors (Michael S. Mopas)
• Who’s the Best Aboriginal? An “Overlap” and Canadian Constitutionalism (Signa Daum Shanks)

Excerpt

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