How can a legal system – one that has been, and continues to be, an instrument of colonial rule and political violence – facilitate social change? In the new TraCe Working Paper No. 10, Lara Zieß and Sabine Mannitz explore this question.
They focus on the “Women’s Legal Education and Action Fund” (LEAF), a Canadian human rights organization that advocates for the rights of women, girls, and transgender and nonbinary individuals. Drawing on LEAF's “Feminist Strategic Litigation” approach to strategic litigation, the authors examine the tension between law as an instrument of oppression and as a potential means of change. Particular emphasis is placed on strategic litigation for the rights of Indigenous women, girls, and 2SLGBTQQIA+ individuals, an area that LEAF has increasingly prioritized in recent years. The paper highlights the successes and limitations of this approach, exploring its potential to drive structural change in postcolonial Canada.
TraCe Working Paper No. 10, “Feminist Strategic Litigation: A Method of Advancing Indigenous Gender Equality in Canada?,” is available as a PDF in English.