ABSTRACT

This chapter locates law's role in meeting the challenges of the form of justice in diverse societies. The underlying narrative, which does not speak of justice or equality, poses problems for law's role in meeting the challenges of justice in this field. The tension, between certainty and dynamism, signals another vital area which law must expand into if it is to meet the challenges of justice. The chapter demonstrates the key areas into which law must expand its role if it is to meet the contemporary challenges of justice. Canada's constitutional arrangements, as they relate to its Aboriginal populations, provide an opportunity to highlight a second major limitation that must be considered when locating law's role in meeting the challenges of justice in diverse societies. The lawyers need to take a fresh and broader perspective on diversity and also focus upon the contemporary challenges of justice in light of the empirical reality of a nation's diverse citizenry.