Powered by OpenAIRE graph
Found an issue? Give us feedback
addClaim

The Collective Class Action: An Expansion of the Class Action Framework

Authors: Alexis Giannelia;

The Collective Class Action: An Expansion of the Class Action Framework

Abstract

Abstract: In the class actions context, Aboriginal rights and Indigenous issues have largely been considered from an individualistic perspective. Indeed, the use of class actions to address violations of collective rights has only been afforded cursory consideration. This paper argues that the class action framework can expand to accommodate collectives seeking remedies for violations of collective rights, constructing a collective class action framework. Three existing mechanisms of the class action framework can be used to ensure collective class actions are efficient, effective, and constructive. First, the potential opt-in configuration of class actions can acknowledge the diversity and autonomy of Indigenous peoples in Canada. Second, the class of collectives can establish an internal governance structure that can assume the role of representative plaintiff. And third, in no-cost regimes, the protection from costs is invaluable to Indigenous litigants, many of whom have finite financial resources. In jurisdictions that allow an award of costs in class proceedings, judges can, and should, use their public interest discretion to not award costs.

  • BIP!
    Impact byBIP!
    selected citations
    These citations are derived from selected sources.
    This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
    0
    popularity
    This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
    Average
    influence
    This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
    Average
    impulse
    This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
    Average
Powered by OpenAIRE graph
Found an issue? Give us feedback
selected citations
These citations are derived from selected sources.
This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Citations provided by BIP!
popularity
This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
BIP!Popularity provided by BIP!
influence
This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Influence provided by BIP!
impulse
This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
BIP!Impulse provided by BIP!
0
Average
Average
Average
Fields of Science
Fields of Science
Upload OA version
Are you the author of this publication? Upload your Open Access version to Zenodo!
It’s fast and easy, just two clicks!