This seminar critically examines how Canadian law has addressed — and at times failed to address — racial inequality.

Through a close reading of appellate and Supreme Court of Canada jurisprudence, students will explore the development of legal principles governing racial discrimination in both Canadian public and private spheres.

The course will analyze key legal doctrines including equality rights under the Charter, with occasional reference to anti-discrimination provisions in human rights legislation, and administrative law principles as they relate to race and systemic inequality. Some consideration will also be given to international equality law arising from UN human rights treaties to which Canada is a party.

Drawing from leading equality rights cases, the course interrogates how appellate courts conceptualize race, racism, and systemic discrimination, and evaluates the extent to which legal remedies have meaningfully advanced racial justice in Canada.

Students will be encouraged to consider the differences between formal and substantive equality, and become adept at identifying the gaps between public perceptions and the legal realities of racial equality jurisprudence in Canada.