ARABS, MUSLIMS, HUMAN RIGHTS, ACCESS TO JUSTICE AND INSTITUTIONAL TRUSTWORTHINESS

INSIGHTS FROM THIRTEEN LEGAL NARRATIVES

Abstract

Canada’s human rights regime may be failing Arab and Muslim communities just when they need it the most. This paper analyzes the barriers to justice faced by 13 Arab or Muslim individuals who turned to human rights law for remedy following a perceived discriminatory event after 9/11. As critical theorists have long argued, human rights “law on the books” differs from “law in action”. The majority of the 13 claimants spent between two and 15 years pursuing a human rights claim, most did not secure the remedies they requested and many found their experiences minimized or misunderstood by adjudicators.