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5 Nov, 4 tweets, 4 min read
ICYMI: @FemLegalStudies' #Fraser panel is now live—a generative discussion on the future of equality rights:

1:35 - @DebraParkes' intro
6:16 - @JWatsonHamilton on qualified celebration of Fraser
15:26 - @JenniferKoshan on grounds and intersectionality
ubc.zoom.us/rec/play/aV2hc…
24:32 - @DanielleBisnar1 on evidence, systemic discrimination, and litigating equality
36:45 - @sonialawprof on Fraser's narrow scope and the emerging relevance of s. 1 to equality rights
47:19 - Me on binaries, diverging conceptions of substantive equality, and racial justice
57:23 - @MargotYoung3 on ideological divergence in conceptualizing inequality, the influence of feminist scholarship on jurisprudence, and liberalism's central anxiety about "positive" and "private" rights
1:08:38 - @FayFaraday on how equality is more about power than doctrine
1:20:43 - Lynn Smith's question re prior cases inconsistent with Fraser & a student's question re applying Fraser to racial justice (as well as the implications of Canada's all-white SCC), with responses from @DebraParkes, @FayFaraday, @sonialawprof, me, and @DanielleBisnar1

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More from @JoshuaSealy

Joshua Sealy-Harrington Profile picture
8 Apr
The #COVID19 pandemic painfully illustrates the ways in which race denotes *process* (verb), not *people* (noun).

TL;DR: Race *is* what race *does*. Racial logic is covert. To detect it, we must interpret race with the same fluidity used in its strategic deployment 🧵
To begin, that race implicates process, not people, is not new. As one of my doctoral supervisors Kendall Thomas writes: “we are ‘raced’ through a constellation of practices that construct and control racial subjectivities.” So how does #COVID19 illustrate these racial processes?
Trump has insisted on labelling #COVID19 the “Chinese Virus”. Why? To scapegoat a racial other and distract from his administration’s mismanagement. How? By not only linking Chinese people to #COVID19, but racializing the (“Chinese”) virus itself. That racialization is process.
Read 19 tweets
Joshua Sealy-Harrington Profile picture
20 Feb
In a recently published “Critical Review”, Bencher Murray Klippenstein claims that basic equality initiatives at the @LawSocietyLSO should be abandoned b/c more “proof” of racism is needed.

I disagree in my latest post on @ABlawg, outlined below 🧵 ablawg.ca/wp-content/upl…
BACKGROUND:

Mr. Klippenstein argues that the LSO’s survey evidence indicating systemic racism is ideologically and methodologically flawed. For this purported reason, he wants to undo the LSO’s modest equality initiatives.

I have, broadly speaking, three responses.
1) RED HERRING:

Demanding “proof” of systemic racism is a distraction. The LSO doesn’t have to prove there is sufficient racism to justify equality initiatives, just as it doesn’t have to prove that Continuing Professional Development actually enhances lawyers’ competency.
Read 22 tweets
Joshua Sealy-Harrington Profile picture
26 Nov 19
I’m over this brand of intersectionality “critique” that fails to engage with #CRT while claiming to dunk on it.

So, a 🧵 responding to @jordanbpeterson’s latest @nationalpost piece.

TL;DR: He rejects intersectionality by denying hierarchy’s existence.

nationalpost.com/opinion/jordan…
Let’s start with defining intersectionality. Coined by @sandylocks 30 years ago, intersectionality challenges a “single-axis framework” in feminist and anti-racist discourse by recognizing the “particular manner in which Black women are subordinated.” chicagounbound.uchicago.edu/cgi/viewconten…
In other words, intersectionality is, actually, quite a modest proposition. It simply observes that individuals in “multiply-burdened” groups experience the world differently from their “otherwise-privileged” peers—that, as a Black man, my experiences differ from a Black woman’s.
Read 24 tweets
Joshua Sealy-Harrington Profile picture
27 Sep 19
THREAD on the recent Stephan decision, and how it provides a unique lens into ostensible racism in our courts.

TL;DR: The decision—which criticizes a Nigerian witness’ accent and aggression—exhibits a suspicious racial logic warranting careful scrutiny.

albertacourts.ca/docs/default-s…
First, some background: Two parents—the Stephans—were charged with failing to provide the necessaries of life to a person under their care (their son, Ezekiel), contrary to s. 215(2)(b) of the Criminal Code (para 1).
The case turns on expert evidence. Justice Clackson acquits the Stephans because he finds that Ezekiel died from lack of oxygen, *not* meningitis, the Crown’s theory (para 4). Thus, Justice Clackson’s key role was weighing expert evidence about Ezekiel’s cause of death.
Read 24 tweets
Joshua Sealy-Harrington Profile picture
19 Sep 19
After reflecting on Trudeau’s #brownface (and now #blackface) scandal, a THREAD:

TL;DR: Racism is systemic. Policies matter. Commit to anti-racism. Amplify racialized voices. Scrutinize for consistency.

Race is complex. Its discourse must meet that complexity, not overlook it.
First, be *aware*. Stop being surprised by events like this. It’s not “shocking” that Trudeau wore blackface; It’s expected. Racism is systemic in Canada. Those who deny it aren’t seeing a different society, they’re simply failing to name it.
Second, be *precise*. Specifically, ask the right questions: Not “is Trudeau racist?” But “how do his actions reflect systemic racism?” And “what are we doing to dismantle that system?” The individualization of racism is what upholds its systemic force.
Read 8 tweets
Joshua Sealy-Harrington Profile picture
5 Sep 19
THREAD: On anti-racism advocacy and "civility", responding to this misguided @nationalpost article by Thomas Matthews: nationalpost.com/opinion/theres….

TL;DR: Thomas fundamentally misunderstands racism, the SOP debate, and the SOP itself.
1) THOMAS MISUNDERSTANDS (MANY) SOP OPPONENTS:

He says "[n]o serious person is denying that racism exists, either within society or the bar." I actually agree that no "serious person" denies the existence of racism. Unfortunately for Thomas, however, he's in silly company:
@jordanbpeterson (), @PardyBruce (nationalpost.com/opinion/our-ri…) and Murray Klippenstein (quillette.com/2019/02/11/how…) all deny racism in the profession. There's 3 examples. And they aren't fringe; they're leaders in the anti-SOP movement. Do your homework, Thomas.
Read 24 tweets

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