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Redressing the Past to Repair the Present: The Role of Property Law in Creating and Exacerbating Racial Disparities in Wealth and Poverty in Nova Scotia

Date

2021-12-02T15:52:14Z

Authors

Marsman, Melisa

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Abstract

For over 200 years African Nova Scotians have been fighting to confirm legal title to the land on which their ancestors were settled. In 2020, the Nova Scotia Supreme Court remarked “the lack of clear title and the segregated nature of their land triggered a cycle of poverty for black families that persisted for generations.” Nova Scotia has a long history of obscure land titles; however, the ensuing cycle of poverty appears to have disproportionately impacted African Nova Scotians. This thesis reframes the African Nova Scotian land titles discourse into a broader understanding about systemic anti-Black racism and White supremacist ideology embedded within the origins of property law in this province, revealing the land titles issue as merely the tip of the iceberg.

Description

This thesis explores the impacts of the law on racial disparities in poverty and wealth in Nova Scotia, through a legal-historical and critical race examination of the colonial land administration laws in the early 1800s and the settlement of the Black Refugees in Nova Scotia.

Keywords

Real Property Law, Anti-Black Racism, African Nova Scotians, Legal History, Reparations, Land Titles Clarification

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