Author ORCID Identifier

Trevor C.W. Farrow: 0000-0001-5236-076X

Document Type

Article

Publication Date

2014

Keywords

Professionalism, Ethics, Adversarialism, Aboriginal, Litigation

Abstract

The first purpose of this article is to examine some of the specific, problematic ways in which the adversarial process has handled the residential schools litigation. The second purpose, in the context of that litigation, is to examine whether the legal profession’s highly adversarial approach to survivors, their families and their claims has been consistent with the core values of the legal profession, and if so, whether those core values continue to be sustainable? What the residential schools legacy affords the legal profession is an opportunity to reflect not just on how it is handling this tragic legacy, but how it serves all Canadian communities – particularly including vulnerable and equity seeking groups – from which, together, the profession derives its very legitimacy and purpose.

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