… I want to address the issue of the extent to which common law doctrine, and in particular, common law remedies, should take account of cultural practices. I refer to cultural practices without distinguishing between religious or other ethnic practices. I ask; to what extent do courts have an obligation to model the common law to accommodate Canada’s commitment to multiculturalism? The issue I intend to touch upon is not one that is of daily occurrence in civil litigation; there are few cases to report on. However, it is one that can simply bubble to the surface, and, in that sense, forewarned is forearmed.
Berryman, Jeffrey, Trends in Remedies: Multiculturalism and Common Law Damages Assessment (May 12, 2014). Paper presented at the ‘Tort Law in an Age of Flood and Fire’, Canadian National Judicial Institute (Montreal, May 12-15th, 2014) (18 pages).