Amy Barrington, “Unravelling the Two-Row Wampum: Limiting First Nations’ Membership Rules in Canada”

How important is community acceptance? For Canada’s First Nations peoples whose band governments are the gatekeepers to benefits and services, it might seem desperately important. Even if one self-identifies as being a member of a First Nation, there remains the question of whether they will be recognized as belonging to that community, such that they receive benefits and services provided under section 35 of the Constitution Act, 1982 and the Indian Act. While the Supreme Court of Canada has not explicitly affirmed the right to self-government as a freestanding right protected under section 35 of the Constitution Act, 1982, the court has affirmed elements that might comprise such a right. Other Canadian courts and tribunals have also produced a substantial body of case law in support of its existence.

In this essay, the author advocates for the use of a modified justificatory approach to assess whether a First Nation’s discriminatory membership code is justifiable under Canadian law. If the law purports to infringe on women’s equality rights, Canadian law should impose a limitation on a First Nation’s autonomy in order to protect these rights, as such discrimination cannot be justified in light of Canada’s historical context.

Amy Barrington, “Unravelling the Two-Row Wampum: Limiting First Nations’ Membership Rules in Canada” (PDF)

Digital Companion Volume II

The Windsor Review of Legal and Social Issues is proud to present the second volume of the Digital Companion.

Exclusively reserved for student work, the second volume of the Digital Companion features the very best papers presented by law students at the 8th Annual Canadian Law Student Conference, held in March 2015, in Windsor, Ontario.

9th Annual Canadian Law Student Conference Call for Submissions

The Windsor Review of Legal and Social Issues (WRLSI) is now accepting submissions for its 9th Annual Canadian Law Student Conference. Law students from across Canada are invited to submit original, academic work to be considered for presentation at the conference. The conference will be held March 17 & 18, 2016, in Windsor, Ontario.

This event is a unique opportunity for students from across the country to share their academic work and receive feedback from peers and faculty in an open and engaging environment.

In addition, top presenters have the opportunity to be published in the Digital Companion. Exclusively reserved for student work, the Digital Companion features the top papers presented by law students at the conference.

To be considered, manuscripts must be received by January 31, 2016.

Please send manuscripts to WRLSIsolicitations@uwindsor.ca with the subject line “Conference Submission”. Questions may be directed to that same address.

 

WRLSI Call for Submissions 2015

WRLSI Call for Submissions 2015

Call for Submissions

The Windsor Review of Legal and Social Issues is soliciting contributions for volume 37, to be published in early 2016.

About Us

We invite you to submit original articles, book reviews, and comments on recent cases or legislation.

The Windsor Review of Legal and Social Issues is an entirely student-run and peer-reviewed interdisciplinary law journal. As a non-traditional law journal, our mandate is to promote an analytical, practical, and empirical approach to the study of law, which incorporates the perspectives of multiple disciplines, in order to utilize the study of law as a vehicle for social justice.  Our journal is a resource for lawyers, students, academics, professionals, adjudicators, and public policy makers. Copies of the journal can be found in libraries worldwide and through electronic databases such as Westlaw, HeinOnline, and Quicklaw/LexisNexis.

Submissions should conform to the Canadian Guide to Uniform Legal Citation (8th Edition). Please visit our webpage at http://www.uwindsor.ca/wrlsi/ for further submission guidelines.

 How to Submit

Please email your manuscript in Microsoft Word format to wrlsisolicitations@uwindsor.ca. Questions may be directed to that same address.

 Deadline

The deadline for submissions is September 30, 2015. Submissions received after the deadline will continue to be reviewed by the Editorial Board on a rolling basis.