Africville: Reparation in the Paradoxical Legal Construction and Deconstruction of an African Canadian Community

Abstract

This thesis examines the circumstances surrounding the relocation of the community of Africville with a view to reparations for the former Africville residents. There is a discussion of the theory of reparations. From a Critical Race perspective this thesis explores the historical significance of Africville in relation to other Black Nova Scotia communities. It also explores the involvement of Blacks in relation to the early colonial settlement of Nova Scotia.

From personal interviews there is a documentation of the human toll which was paid by the former Africville residents when they were relocated in 1969. These anecdotal accounts also illustrate the inequities involved with the mass relocation of an entire community.

There is also a brief comparison of redress for Japanese Canadians with a view to how Japanese Canadians were successful in obtaining redress for their years of suffering as a result of mass relocation and confiscation of their property in British Columbia in the 1940's during the Second World War.

In order to further contextualize the historical experience of Nova Scotian Blacks, there is an examination of how the Black community has progressed since the Africville relocation. The social advocacy which was lacking during the Africville relocation has now developed with numerous professional associations which may be able to assist Africville residents as they seek redress.

There is a review of two legal claims; unjust enrichment and unconscionability. Both of these equitable claims may prove helpful during litigation for the Africville residents. These two claims are based in equity and lend themselves to judicial discretion as well as principles developed through caselaw. Equitable remedies are also examined.

These legal alternatives are discussed in light of two main jurisprudential theories; Legal Realism and Critical Race Theory. This discussion reveals the importance of jurisprudential approaches in the resolution of race based litigation.

Finally, there are recommendations for how the Africville aftermath can be resolved so that the Black community can begin to heal in the face of horrendous racial injustice. If these measures are implemented, race relations could be greatly improved in the province of Nova Scotia.