Restitution
front page

What's new?

Archive front page

1995

1996

1997

1998

1999

2000

2001

2002

2003

2004

2005

2007

2006

2008

2009

COMMONWEALTH LEGAL EDUCATION ASSOCIATION (CLEA)
and
FACULTY OF LAW, UNIVERSITY OF WINDSOR

PRESENT

REPARATIONS CONFERENCE 2003

REPARATIONS - THEORY, PRACTICE AND LEGAL EDUCATION

When: Thursday, June 12 to Saturday, June 14, 2003

Where: Conference Room, Faculty of Law, University of Windsor; Windsor, Ontario Canada

Registration Fee: $150.00 (includes admission, conference materials and meals)

Throughout the world attention has been focussed on the issue of reparations for past injustices and the role that such reparations play in reconciling various minority groups within a nation, or between nation states, towards a greater state of harmony and justice. However, the issue of reparations presents fundamental challenges for the law. What harms warrant reparations? How far back in history should one go? Do reparations require a known victim and perpetrator, or can the present economic and social conditions of a recognized group be causally linked to the activities of an earlier dominant group or colonial government? Even where a past injustice has been recognized, how should reparations been effected? Should loss be compensated in money, or some other form of making restitution? Even assuming a substantive claim arises; a reparation claim may entail complex issues of proof and the taking of evidence. How can oral history be presented?

The conference aims to address the issues outlined above. In particular, the conference will identify ways for legal education institutions to build competency to train advocates to actively participate in the area of reparations for past wrongs. An important focus will be on the creation of links and support networks between legal educators throughout the Commonwealth and to provide concrete ways to exchange and share curricula between law schools.

Conference Format
The conference format will follow the 'roundtable' concept for which this Faculty has had notable success. Speakers have been selected to provide a particular focus to the topic. Papers will be circulated to participants before attending the roundtable. Speakers will then be asked to lead discussions. A chair will also be appointed to manage time and ensure a focus is maintained. The roundtable format is designed to maximize discussion and to facilitate active rather than passive participation.

Day One - Theory
Day one will focus upon the legitimacy, including political legitimacy and moral responsibility, of claims for reparation, and capacity for a legal response.

Day Two - Practice
Day two will focus upon specific examples and case studies drawn from around the Commonwealth that have attempted to provide a form of reparations for a specific wrong. The aim will be to evaluate the success of these attempts measured against the goals identified for the specific scheme and how that scheme fits with the theoretical underpinnings discussed in day one.

Day Three - Legal Education
Day three will deal with pedagogical issues. The study of reparations transcends many facets of law and requires an appreciation of other disciplines (e.g. political science, history, philosophy) to properly situate a legal entitlement. In addition, the advocacy of a reparations claim presents unique challenges, and may take place outside traditional legal fora. It is thus an excellent vehicle to discuss how a law school curriculum can provide sufficient breadth and depth to enable graduates to participate meaningfully in this enterprise.

SPEAKERS INCLUDE:

GERALD GALL, Faculty of Law, University of Alberta, KEN COOPER-STEPHENSON, Faculty of Law, University of Saskatchewan, MAX DU PLESSIS, Faculty of Law, University of Natal, ALFRED BROPHY, Faculty of Law, University of Alabama, LISA MAGARRELL, Senior Associate, International Center for Transitional Justice, New York, MAYO MORAN, Faculty of Law, University of Toronto, KERRY HOWE, Department of History, Massey University, New Zealand, THOMAS FEERICK, School of Law, University of Western Sydney, Australia, ROY BROOKS, Warren Distinguished Professor of Law, University of San Diego, GEORGES ERASMUS, Aboriginal Healing Foundation, Ottawa, DAVID LEVINE, School of Law, University of Hastings, San Francisco, WARREN FREEDMAN, Faculty of Law, University of Natal, South Africa,, JOHN MCLAREN, Faculty of Law, University of Victoria, LAKSHMAN MARASINGHE, Faculty of Law, University of Windsor, DAVID MCQUOID-MASON, Faculty of Law, University of Natal.

FOR MORE INFORMATION AND TO REGISTER ONLINE, PLEASE GO TO:

http://cronus.uwindsor.ca/users/j/jberrym/main.nsf

OR CONTACT:

Jeff Berryman or Tanya Brogan
Faculty of Law
University of Windsor
401 Sunset Avenue
Windsor, Ontario N9B 3P4
Email: mailto:jberrym@uwindsor.ca
mailto:tbrogan@uwindsor.ca