Jurisdictional Relationships: Democracy and the Administrative State Through the Lens of Caring Society v Canada

Abstract

This paper draws on theorists of jurisdiction to make visible how democratic self-government and the rule of law take effect in the modern administrative state. Through the lens of Caring Society v Canada, a Canadian human rights case about the funding of social services for Indigenous children, I explore an idea of jurisdictional justice that is inherently connected to the quality of democratic engagement and focuses attention on political, legal and human relationships. I argue that in the face of challenges posed by populist politics and the colonial administrative state, this relational understanding of jurisdiction provides resources for building a sense of legality that can sustain shared public meaning and promote practices of political accountability.