CHALLENGE PAPER ON JUSTICE
AND THE INTERSECTIONS OF DIVERSITY
Delphine Nakache1
What is the scope of this policy area?
In a broad sense, issues related to justice include almost all areas of policy: from access to housing to
work to medical care. This challenge paper will focus on issues that have not been addressed in other
challenge papers (eg. Housing, Labour Market, Education, Health, Culture, Information and Knowledge),
and will discuss questions regarding the federal government and the criminal justice system itself. These
include conflict resolution, access to justice and relationships between communities, violence and crime.
The goals of this challenge paper are to identify the critical issues concerning this area of policy as well as
the gaps that exist in our knowledge and to specify where and how scarce resources should be allocated.
What are some key policy issues?
Access to justice
Access to justice includes a range of mechanisms and methods by which individuals are able to get legal
information, access legal services and resolve disputes, and thus take advantage of rights, protection and
entitlements under the law. Access to justice is crucial to the proper functioning of civil society. At present,
there are many barriers impeding full access to the legal system for immigrants and ethnocultural
minorities, ranging from lack of information to lack of adequate resources to linguistic barriers and cultural
practices that enter into conflict with Canadian law (eg. arranged marriages for women). In some
communities, there are also barriers to the development of viable relationships with the police.
Further, although access to legal aid and proper legal representation are inextricably entwined with the
issue of access to justice, particularly within an adversarial system, the costs of engaging the legal system
are prohibitive for many. Drastic changes and reductions in the amount of legal aid certificates issued,
along with less hours allocated to certificates, have led to severe consequences in many areas of law. The
inaccessibility of the legal system is intensified in immigration and refugee matters as there are often
language and cultural barriers that make it impossible for new Canadians to effectively interact with the
Canadian legal system.2
In brief, due to the lack of substantive quality in the system,3 all individuals are not provided with an
equitable outcome. A key challenge is thus to identify the specific barriers that impede access to justice for
such communities in order to then propose solutions. Some suggestions include more culturally-sensitive
and accessible Public Legal Education and Information to enable a knowledge of justice by immigrants
and other vulnerable groups, building healthy communities, and establishing relations between the key
stakeholders.
The victimization of immigrants and ethnic minorities
A great deal of public, government and media attention has focused on criminal offences by specific
immigrant and/or ethnic groups. Far less attention, however, has been placed on the victimization
experiences of immigrants and the members of specific ethnic minority groups. Victimization can be
defined as recurrent, objectionable or negative actions aimed at people of a certain group in an offensive
manner that can result in those persons being excluded from society.
1
Phd Candidate at McGill (International Human Rights Law), Research Officer at University of Montreal. This challenge paper is
based on results from the templates and consultations with stakeholders from law enforcement, academia, various government
agencies and community groups at the 15 November 2002 Roundtable on Justice. It does not express the views of the author. Many
thanks to Néomée Alain and Patricia Foxen for their comments on the text.
2
African Canadian Legal Aid Clinic, “Legal Aid Review”, ACLAC Website <http://www.aclc.net/submissions/legalaid_review.html>
3
There should be a greater focus on all rights that recognize diversity and identity.
1
Immigrants are in a vulnerable position where they can easily become the victims of crime: poverty,
inadequate housing, lower levels of education, discrimination and lack of legitimate economic opportunity,
risk of deportation for permanent residents, language barriers, and misperceptions of Canadian law can all
have an impact. Some immigrants will also be placed in a position of not reporting crimes or not assisting
in investigations of crime because they are afraid to contact their local police; they worry, for example, that
they would not be believed, or would be themselves arrested. They are also easy targets of criminal
offences motivated by hate, prejudice or bias.
Intersections come into play here, with some immigrants and ethnic minorities, including families, women,
persons with disabilities and youth, being at a particularly high risk for becoming victims of crime. There
has been much work done on spousal violence and immigrant women, for example. For vulnerable
groups, the fear of a possible crime is such a significant part of daily life that it could be seen as a mental
health issue.
Important questions that arise from these findings include:
1. Are some ethn-racial groups more likely to be victimized than others? What is the impact of criminal
victimization on the members of immigrant and/or ethnic minority communities? Are recent immigrants
more or less likely to report victimization experiences to the police? If so, why are members of certain
ethno-racial groups less likely to report their victimization experiences to the authorities?
2. In this context, it is also important to ask to what extent bias or discrimination explains the overrepresentation of certain immigrant groups in the criminal justice system (the Bias Model, which is
explained more fully later on), and to question whether, and how, theoretically-driven research findings
can impact government crime prevention policies.
These types of discrimination and victimization open the door for an infringement of immigrants' civil rights
and racial profiling and reveal the importance of determining whether individuals who have been victimized
directly – or as witnesses -- have different needs with respect to legal services.
Human trafficking
Until recently, among specialists on the subject, there has been considerable disagreement about the
adequate definition of trafficking in human beings. In December 2000 the Criminal Commission of the
United Nations passed the Convention against Transnational Organized Crime. A protocol of that
Convention deals exclusively with trafficking in persons. According to the UN-protocol trafficking in
persons:
"a) shall mean the recruitment, transportation, transfer, harbouring or receipt of persons, by means of the
threat or use of force or other forms of coercion, of abduction, of fraud, of deception, of the abuse of power
or of a position of vulnerability or of the giving and receiving of payments or benefits to achieve the
consent of a person having control over another person, for the purpose of exploitation. Exploitation shall
include, at a minimum, the exploitation of the prostitution of others or other forms of sexual exploitation
forced labour or services, slavery or practices similar to slavery, servitude or the removal of organs;
"b) The consent of a victim of trafficking in persons to the intended exploitation set forth in subparagraph
(a) shall irrelevant where any of the means set forth in subparagraph (a) have been used. 4
A key challenge is to know the extent of human trafficking in Canada, who profits from it, how trafficking
impacts people, who is involved in these transactions, what types of problems trafficked populations face
and how human trafficking can be identified and eliminated. This criminal activity is very important
because it influences many of the issues law enforcement agencies and other departments face in
developing policy (RCMP, Criminal Intelligence Service Canada, Department of National Defence,
Canadian Security Intelligence Service, Canadian law enforcement, as well as provincial and municipal
police forces). There are human rights, social, health, legal, security and economic implications associated
with trafficking. In the case of women and children, in particular, it is necessary to determine the level of
human trafficking and to establish the dynamics of this crime.
4
Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, Article 3, as part of the
Convention against Transnational Organized Crime , UN Doc. A /Res/55/25, 8 January 2001.
2
Intersections of identity markers on which research presently exists
Although research that examines intersections of diversity is not extensive, some does exist.
example:
For
Gender and other identity markers
Gender and age. Young males continue to account for a majority of conventional crimes in the society,
although some research reveals increasing juvenile female arrests and the involvement of girls in at-risk
and delinquent behaviours.5
Gender and sexual orientation. Many studies have dealt with the rights of same-gender couples to freely
choose their intimate partners and their legal relational status, and to marry without penalty from the state
or without financial inducement to abandon their choices.6
Gender and ethnicity and/or socio-economic status. Some studies deal with Aboriginal males and females
in criminal justice system. Prior to the Second World War, Aboriginal prison populations were
proportionate to their numbers in the Canadian population. Since that time, Aboriginal representation
within the judicial system has increased and continues to grow. Aboriginal people are incarcerated, usually
for crimes related to social disorder rather than profit (ie. for violence rather than burglary or fraud), at a
disproportionately higher rate than non-Aboriginal people. The situation demonstrates the inequalities in
Aboriginal offender programs and services and points out clearly the need for alternative forms of
incarceration, restorative justice programs, staff training and sensitivity to Aboriginal culture. The
disproportionate levels of Aboriginal offenders in federal and provincial institutions can, in part, be
attributed to the poor economic base of Aboriginal communities and the low number of Aboriginal people
involved in correctional and judicial policy-making programs. Statistics indicate that Aboriginal offenders
represented 11.9 % of the male and 16.7% of the female offender population in Canada in 1992-93 (11.9
% males and 16.7% females).7
Intersections where further research is required
Ethnicity, race and other identity markers: explaining the immigration-crime relationship
The intersection between immigration status, race and ethnicity remains a troubling gap in the
literature. The foremost methodological problem is that, in Canada, there is no systematic collection,
dissemination, or analysis of crime data which contain the ethnic or racial origin, or place of birth of the
accused or the convicted. Some argue that such data would be misused to impugn immigrants. These
data are needed, however, to answer the following pressing questions: 1) Are immigrants more or less
involved in crime (as both victims and offenders) than citizens who are born in Canada? 2) Are certain
racial-ethnic groups more or less involved in criminal activity than other groups? 3) Is the relationship
between immigration, ethnicity and crime changing? Only by answering these questions can we begin to
explore explanations for any observed relationship between ethnicity and crime and subsequently develop
effective government policy.8
There is consequently an urgent need for more and better information on the link between immigration,
ethnicity, race and criminal behaviour.
Juristat, “Youth violent crime”, vol. 19, no. 13, released December 21, 1999. Statistics Canada Website
<http://www.statcan.ca/english/indepth/85-002/feature/jurl1999012021sda.htm> (Last modified: 2001 6 14).
6
B. Cossman & B. Ryder, "Gay, Lesbian and Unmarried Heterosexual Couples and the Family Law Act: Accommodating a Diversity
of Family Forms," Ontario Law Reform Commission, Toronto, 1993. Eskridge, W.N., The Case for Same-Sex Marriage: From Sexual
Liberty to Civilized Commitment, New York: Free Press, 1996. Krause, H.D., "Marriage for the New Millenium: Heterosexual, Same
Sex – or Not at All?" (2000) 34 Fam. L.Q. 271. Pedersen, M. H., "Denmark: Homosexual Marriages and New Rules Regarding
Separation and Divorce" (1991-92) 30 J. Fam. L. 290.
7
See: Sollicitor General Canada, “Dimensions of Aboriginal over-representation in correctional institutions and implications for crime
prevention”, APC 4 CA 1992. See recently: Canadian Justice Criminal Association, “Aboriginal peoples and the criminal justice
system”, Ottawa, 15 may 2000; CJCA Website <http://home.istar.ca/~ccja/angl/aborit.html>
8
Scott Wortley, “What are the challenges and where should public policy be directed in order to produce safe, cohesive and healthy
communities? - Focus on justice issues”, Centre of Criminology University of Toronto, 31 January 2003; The Metropolis Project
Website <http://canada.metropolis.net/events/ottawa/WORTLEY%20PAPER%201.htm>
5
3
The Bias in the Justice System Model:
This is one important model, among several others, used to explain the possible relationship between
immigration, ethnicity and crime. Proponents of the Bias Model argue that there is not a strong or
consistent relationship between crime and either ethnicity or immigration status. Certain ethno-racial
groups, however, may be over-represented in official crime statistics because of systemic discrimination
within the criminal justice system (from arrest through prosecution, trial, conviction, sentencing, and
parole).9 Greater research on attitudes of people within the justice system thus needs to take place.
The question of how police interact with ethnic youth and how youth interact with police is also a very
important one. Canadian researchers surveyed 3,400 high school students and 400 street youth in the
Toronto area between December 1998 and May 2000 on issues ranging from experiences of victimization
and perceptions of Toronto's youth crime problem to participation in gangs.10 The survey revealed that
black students, engaged in crime or not, are more likely than others to be subjected to random street
interrogations. Good behaviour does not, therefore, protect black youth from unwanted police attention to
the same extent that it protects white students. Furthermore, because blacks are subject to greater police
surveillance, they are much more likely than white people who engage in the same forms of criminal
activity to be caught when they break the law. Being stopped and searched by the police is experienced by
black youth as evidence that race still matters, even though stereotypes that lead to racial profiling tend to
develop within the informal police subculture, not as part of official policy. In addition, research has found
that immigrants’ relationships with police differ depending on race. For example, distrust of the police and
the transfer of anti-police attitudes varies; Spanish, and black people are more likely to distrust police,
whereas south east Asian and south Asian people have a more positive attitude. There is therefore not a
simple distinction between the attitudes and perceptions of “white” people and the attitudes and
perceptions of “others.” As a result, targeting action on the basis of a perceived difference between
Caucasians and non-Caucasians is misguided. The distinctions are more subtle and complex.
Another recent Canadian study suggests that some racial minority groups are much more likely to be
detained before trial and receive harsher sentences upon conviction than their Caucasian counterparts.
Most people charged with simple drug possession were free to go home, on a promise to appear in court
and at a police station. Whites were released on the scene 76.5 per cent of the time while Blacks were
released only 61.8 per cent of the time. The difference in treatment was even more apparent at the next
level of police decision-making. Of those taken to the station, blacks were held behind bars for a court
appearance 15.5 per cent of the time, while whites were kept in jail awaiting a bail hearing in only 7.3 per
cent of cases11.
The Other Models12
According to the Importation Model, an undetermined number of immigrants and refugees are motivated to
commit crime before they enter the host country. Research could try to determine the best ways to deal
with Canada's security needs without alienating "legitimate" immigrants or creating further barriers in the
integration process. Measures could include improving the identification of criminals before they enter the
country or developing methods to monitor recent immigrants for signs of organized criminal activity. But,
as Scot Wortley points out, it seems to be very difficult to increase security and surveillance of the Country
without creating an atmosphere of intolerance and distrust.
Unlike the Importation Model, the Strain/Frustration Model maintains that immigrants come to Canada with
good intentions but their difficult experience of immigration and assimilation brings them into conflict with
the criminal justice system. Research focuses on the difficulties faced by immigrants and how these
difficulties can sometimes lead to criminal behaviour.
9
Ibid
Julian Tanner, Scot Wortley; The Toronto youth crime & victimization survey : overview report,
University of Toronto, Centre of
Criminology, c2002.
11
For further information on the research itself, see: Toronto Star, 19 October 2002, “Singled Out”, part one of a series of articles on
“Race and Crime” by Jim Rankin, Jennifer Quinn, Michelle Shepard, John Duncanson and Scott Simmie. University of Toronto
Website <http://www.utsc.utoronto.ca/~landolt/SOCB20Y/AD-DOCS/Racial%20Profiling-Art4.htm>
12
This part is much inspired by Scott Wortley’s paper: “What are the challenges and where should public policy be directed in order to
produce safe, cohesive and healthy communities? - Focus on justice issues”, Centre of Criminology University of Toronto, 31
January 2003; The Metropolis Project Website <http://canada.metropolis.net/events/ottawa/WORTLEY%20PAPER%201.htm>
10
4
The last model is the Cultural Conflict Model, which says that some immigrants come into contact with the
Canadian justice system because they engage in culturally-specific practices or behaviours that are legal
in their country of origin, but clash with the law in Canada (eg. domestic violence, arranged marriages).
Research in this area, therefore, could focus on those groups who might violate the Canadian legal system
and find ways to prevent such violations.
There is also a need for additional studies of youth gangs and ethnicity/immigrant status in the urban
setting. In particular, research is needed to further examine the evidence that suggests crime rates are
increasing among the children of immigrants.
There are also several questions related to race and immigration status that should be examined. For
example: What are immigrant attitudes towards justice institutions when they first arrive in Canada? Do
attitudes change with time lived in Canada? Besides length of residency, what other factors (i.e racialprofiling) influence attitudes towards the justice system? What policies are needed to improve immigrant
knowledge of the Canadian criminal justice system? What policies are needed to improve the relationship
between the criminal justice system and various immigrant communities?
Lastly, the intersection of ethnicity and gender and/or immigration needs to be further explored to
determine the experiences of new male and female immigrants. This would shed light on the factors that
underlie or explain crime by immigrants: how much can be explained by factors that the immigrants bring
with them and how much by their experience following entry into Canada? Of particular importance is the
case of trafficked women, since few studies exist on this topic. We know virtually nothing about the trials
and tribulations of some demographic groups (Slavic women for example),13 and very little about the
obstacles that prevent their escape from particular situations. Further study is needed to explore these
questions. To what extent is human trafficking evident in Canada? What are the dynamics of this crime?
Region and race
The region-specific way that groups are racialized and the local and national impact are very underresearched, though this is an important area. For example, you would probably get different results from
research on racial profiling in Toronto, Vancouver or Montreal. Research is needed to understand and
explain these variations.
Socio-economic status and any other marker
Socio-economic status is often framed as a cause or effect of discrimination based on a separate identity
marker rather than a marker in combination with another. Thus, we need research that looks at the cause
and effect relationship of socio-economic status, other identity markers, and crime and justice issues.
Sexual orientation and other identity markers
There are taboos related to sexual orientation within many ethnocultural groups. Many West Indians, for
example, are often offended by questions about sexual orientation, and in Jamaica, homosexuality is still a
crime. Construction of sexual identity is important as well; in some cultures, for example, a man may be
considered a homosexual simply if he seems passive. 14 Therefore, it is important to first define precisely
what this concept means, and then to find appropriate ways to start speaking about those taboos. For
example, knowing if enough, or too many, questions have been asked, is important, in certain contexts,
when studying sexual orientation.
Looking at identity markers may not, however, be the most useful way to analyze issues linked to
justice and the intersection of diversity; some argue that we need to primarily phrase the
discussion in terms of policy areas (access to justice, legal aide, language barriers, restorative
justice etc.), rather than markers of identity or intersections of diversity.
13
Lynn McDonald, Brooke Moore, Natalya Timoshkina, Migrant Sex Workers from Eastern Europe and the Former Soviet Union: The
Canadian Case, Centre for Applied Social Research University of Toronto, November 2000; Status of Women Canada Website
<http://www.swc-cfc.gc.ca/pubs/0662653351/200011_0662653351_1_e.html>.
14
Most periods and most cultures have words for homosexuals, but the significance of these is dismissed by noting that the
stigmatizing label is almost invariably applied only to the man who takes the passive role, and the passive role is determined by an
act rather than sexual orientation. See: Rictor Norton, “A critique of Social Constructionism and Postmodern Queer Theory”, 1 June
2002 <http://www.infopt.demon.co.uk/social09.htm>.
5
What are the program/policy responses to justice issues?
A more culturally-sensitive and accessible Public Legal Education and Information (PLEI)
PLEI is about providing people with information about laws and how the law affects them so that they have
the information they need to make informed decisions and participate effectively in the justice system.
PLEI is the “front door” of the justice system and is essential to its effective functioning, leading to greater
awareness and understanding of the Canadian legal system (eg. Criminal Code, Charter of Rights and
Freedoms). For PLEI to play a powerful integrative role for newcomers and other vulnerable groups, it is
necessary to educate people about important aspects of the Canadian legal system. Moreover, we need to
study how immigrants and other vulnerable groups see the justice system and their willingness to
participate in it when the opportunity arises. This might, for example, help prevent recent immigrants from
breaking the law out of ignorance of Canadian legal standards. In other words, there must be an on-going
priority to continually examine the experiences, barriers and needs for legal information with respect to all
vulnerable groups. PLEI must enable a greater participation of individuals and groups from diverse
backgrounds and identities.
Evaluation and monitoring of existing programs
Data must be collected on an ongoing basis to monitor and evaluate programs in the area of immigrant
crime and criminal justice, community policing, access to justice systems, and services for minority
offenders. There is little work done on the "cultural sensitivity" of the legal system or the operations of the
justice and penal system as these relate to equal treatment of minorities. There is, for example, a lack of
strategic planning when preparing women of colour for their move out prisons, and there are very few
targeted programs for women, particularly Aboriginal women, in many institutions. Accessing mental
health services and cultural practices, such as the sweat lodge, is difficult, particularly in high-security
institutions.15
Ethnic data collection
The taboo around collecting ethnic data on criminality needs to be overcome. Sporadic surveys are a poor
substitute. Such data are collected for Aboriginal Canadians and have been used to investigate many
aspects of Aboriginal encounters with the criminal justice system. Without these official statistics for ethnic
minorities, it is impossible to monitor trends in "ethnic crime" and, more important, to analyze biases or
discrimination in the criminal justice system, from first encounters with police through arrest, trial,
sentencing, and parole.
There is consequently a need for greater transparency. We have to clearly explain what types of data will
be collected and what will be done with them. Possessing these data does not necessarily mean just
overstating immigrant crime because of systemic biases in the types of crimes that lead to arrests. Rather
these data would be useful in showing which preventive measures and other tools are needed. We would
need to clearly define the ethical parameters of collecting data that has ethnic and cultural implications,
and which ethical questions should be asked.
Sharing and encouraging knowledge
Sharing research: Quantitative data (statistics) and qualitative research must be accessible from anywhere
in Canada and shared with anyone interested in it. This means using successful dissemination strategies
and finding a common language in the case of transdisciplinary research. By sharing knowledge on a
national level, regional diversity will also be more evident. Linkages with existing information and
knowledge are essential because a general knowledge of the situation enables us to better address the
regional and national issues (through comparisons, for example), and to develop policies based on
research (pilot projects). Tracking is needed.
15
Kim Pate, "Women in Corrections : The Context, The Challenges," paper presented at the Australian Institute of Criminology’s
Women in Corrections conference, 31 October – 1 November 2000
« http://www.aic.gov.au/conferences/womencorrections/pate.pdf ».
6
Sharing information: Increased cooperation is needed between Canadians and international police
organizations, as well as between organizations in Canada.
Developing partnerships among key stakeholders
An effective response to improve public safety and address other justice-related issues requires a coordinated response. Innovative and integrated partnerships should take place with and between
communities first, but also with a variety of governmental and non-governmental stakeholders (eg. police,
municipalities). There are, for example, different ways of communicating. We then need to look at how
language is interpreted by the different actors in the system in order to overcome misunderstandings
(“Outstanding charges,” for example, is police jargon that offenders may not understand or misinterpret).
Developing more appropriate and intensive training for those who work with immigrants
Professionals who have an important influence over the lives of immigrants must receive proper and more
intensive training so as to avoid applying stereotypes about immigrants and to encourage greater
sensitivity to issues raised in this paper.
Strategies for addressing diverse groups
Strategies must be sensitive to diversity. It is necessary to go beyond the ideology that “all citizens must
be treated equally” because people bring different experiences to things. It is important, in the meantime,
to eliminate stereotypes or bias in the criminal justice system. There is a need to strengthen victim
services for immigrant families and to develop appropriate support to prevent people from becoming
victims; to integrate justice services with other social services; and to develop strategies to reduce the
economic and social stressors that may lead some people (eg. immigrants, youth, those living in poverty)
towards criminality.16 This implies some structural changes; for example, more money should be spent on
prevention rather than on prosecution.
Decriminalization of certain drugs
Decriminalizing marijuana has been put forth as one option to diminish the crisis in law enforcement:
stopping recourse to criminal law in that case would not be a “stop gap” measure but rather a structural
change that could be a solution to social problems. Some argue that jail is not the best institution to deal
with social problems. Furthermore, the social implications of prohibition are far greater than the social
implications of legalization. The answer, rather than coercion, could be personal responsibility, which is, of
course, the cost of individual liberty.
Moving beyond a “criminal” understanding of justice
The criminal justice system must be provided with a more complete picture than exists today and move
beyond Criminal Law. The ability to develop other legal approaches linked to justice is seriously lacking.
There needs, for example, to be a greater understanding of dispute resolution in terms of Constitutional
Law, Human Rights, Family Law, and Consumer Law.17
Reforming law and social legislation to ensure respect for the fundamental rights of the trafficked
women18
Some Canadian surveys have analysed the phenomenon of hiring immigrant live-in caregivers. The legal
framework for this phenomenon has raised issues in immigration law, labour law and social legislation,
human rights, as well as contract law. In the area of labour law, the exclusion of live-in caregivers from
16
Policy development might focus on programs that will reduce the economic and social problems faced by newcomers and help
youth from immigrant communities to identify the means to achieve success within the legitimate opportunity structure (see Wortley,
note 8).
17
For a complete bibliography, see the Canadian Forum on Civil Justice Website : http://www.cfcj-fcjc.org/comp.htm (Last modified:
October 24 2002).
18
See: Louise Langevin, Marie-Claire Belleau, “Trafficking in Women in Canada: A Critical Analysis of the Legal Framework
Governing Immigrant Live-in Caregivers and Mail-Order Brides”, Faculty of Law, Université Laval, Québec City, October 2000; Status
of Women Canada Website < http://www.swc-cfc.gc.ca/pubs/066231252X/200010_066231252X_1_e.html>. See also: Tala
Hartsough, “Note: Asylum for Trafficked Women: Escape Strategies Beyond the T Visa”, 13 Hastings Women's L.J. 77 (2002).
7
certain provisions in labour and social protection legislation appeared as unjustified. It is then important
that these workers have access to the same benefits and protections as all other Canadian workers.
Conclusion
One’s identity, or intersecting identities, can affect his or her experiences in the justice system. Access to
justice, incarceration experiences, relationships with police, and victimization can all be affected by, or
even be a result of, particular identity markers or intersections of identity markers. Although attention to
intersections is certainly important when making policies and designing programs related to justice and
justice systems, some argue that an exclusive focus on identity may not be the most useful analytical
framework for examining justice issues. Framing the discussion in terms of specific policy areas or
possible policy responses may be a more fruitful avenue for action.
8