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Ceric Irina 2020 Phd.Pdf (1.802Mb) LAWYERING FROM BELOW: ACTIVIST LEGAL SUPPORT IN CONTEMPORARY CANADA AND THE US IRINA CERIC A DISSERTATION SUBMITTED TO THE FACULTY OF GRADUATE STUDIES IN PARTIAL FULFILLMENT OF THE REQUIREMENTS FOR THE DEGREE OF DOCTOR OF PHILOSOPHY GRADUATE PROGRAM IN LAW OSGOODE HALL LAW SCHOOL YORK UNIVERSITY TORONTO, ONTARIO OCTOBER 2020 © IRINA CERIC, 2020 ABSTRACT A vast literature has considered the proactive use of law as a tool by progressive social movements, but far less attention has been paid to the way activists respond to involuntary engagement with law as a result of repression and criminalization. This dissertation explores the legal support infrastructure of grassroots protest movements in Canada and the US by tracing the evolution of contemporary activist legal support through two periods. The tactic of jail solidarity and an emerging legal collective model are highlighted as the key features of the global justice organizing era (1999-2005) while in the second age of austerity era (2008-2018), I discuss evolving approaches to law collective work in various protest movements and highlight a renewed focus on anti-repression as a framing praxis of both organizing and legal support. Grounded in my own activist legal support work over more than two decades, this research rests on data arising from detailed interviews and analysis of more than 125 archival documents. I develop two areas of inquiry. First, I trace critiques of movement lawyering in the legal literature to demonstrate that those critiques are often shared by legal support organizers. Divergent opinions on the appropriate role of lawyers and norms of professional ethics in law collective practice reflect long-standing contradictions in progressive lawyering practice. Accordingly, I argue that the legal work of non-lawyer activists ought to be understood as a complementary – if also sometimes disruptive – model of movement lawyering. Second, I demonstrate that an analysis of radical legal support speaks to the post-arrest experiences of protesters and the impact of such repression on mobilization – phenomena largely absent from the literature on state repression of social movements. I consider this dynamic through the lens of legal mobilization, arguing that the pedagogical work of law collectives, understood as a site of social movement knowledge production, plays a significant role in mediating the complex relationship between repression and mobilization. I conclude by exploring the legal consciousness of activist legal support organizers and argue that the education and organizing praxes of law collectives are evidence of a form of prefigurative, counter-hegemonic legality. ii ACKNOWLEDGEMENTS I started my PhD a very long time ago and then left the program for a number of years, unsure of whether I would ever return. This project did not initially begin as a dissertation but slowly it took shape that way and I am indebted to everyone at Osgoode who helped make finishing it as a doctorate possible. My rockstar supervisor, Ruth Buchanan, supported me through the early stages of not one but two dissertations and I will be forever grateful for her intellectual curiosity and rigour, bottomless patience, and most of all, her friendship. My supervisory committee members, Adrian Smith and Janet Mosher, brought their scholarly, political, and practice smarts to my research and their kind, generative critique made it exponentially better. I have so much gratitude and appreciation for the generosity of my dream team examining committee, Amanda Glasbeek, Jefferey Hewitt, and Margot Young. Thank you all for the care, wisdom, and vision you put into this dissertation. The upside of never being able to quite leave Osgoode is that I have had the privilege of learning from and working with an embarrassingly rich group of committed, creative scholars. Faisal Bhabha, Amar Bhatia, Doug Hay, Shin Imai, Sonia Lawrence, Kent McNeil, Obiora Okafor, Bruce Ryder, Liora Salter, Dayna Scott, Estair Van Wagner, and Robert Wai: thank you. Heather Moore and her colleagues at the Osgoode Graduate Program worked bureaucratic magic to make this PhD v. 2.0 happen. Finally, I was fortunate to have Obiora Okafor and Leo Panitch on my committee during v. 1.0 and I am thankful for their insights and experience. This is a dissertation about social movements, mutual aid, and collective struggle. I did not and could not have written it without the ridiculously amazing humans I am lucky enough to call my friends and comrades. Joanna Adamiak, Ryan Fletcher, Lisa Freeman, Heather Hax, and Deanna Ogle: I quite literally could not have done this without you and this thing is as much yours as it is mine. Thank you for always having my back. I owe you. I love you. Hilton Bertalan, Jan Braun, Sharmeen Khan, Mac Scott, Sarolta Jane Vay, Tamara Vukov, and Lesley Wood: thank you for getting (and keeping) me writing and for your boundless encouragement, especially when I had a hard time hearing it. Sharry Aiken, Mariful Alam, Amaya Alvez, Grietje Baars, Amar Bhatia, Honor Brabazon, Stacy Douglas, Luis Eslava, Michael Fakhri, Lara Karaian, Sarah Keenan, Tor Krever, Rob Knox, Stu Marvel, Liam McHugh-Russell, Derek McKee, Jeff Monaghan, Cailin Morrison, Claire Mummé, Umut Özsu, Genevieve Painter, Rose Parfitt, Debra Parkes, Shiri Pasternak, John Reynolds, Dayna Scott, Adrian Smith, Greg Smith, Tobias Smith, Kim Stanton, Estair Van Wagner, Christiane Wilke, Lesley Wood, and Sujith Xavier: thank you for being my inspirations and interlocutors. Your work – in the academy and way beyond – sets the bar for both comradely scholarship and scholarly comradeship and I know that there is more collaboration, community, and nerdly conference adventures in our collective futures. iii Maryam Adrangi, Chris Albinati, Jen Angel, Tiana Bakić-Hayden, Karin Baqi, Dov Berger, Davina Bhandar, Alec Brookes, Jean Broughton, Aziz Choudry, Saira Chhibber, Sarah Coffey, Lauren Corman, Nikki Crook, Jen Danch, Geordie Dent, Yutaka Dirks, Chris Dixon, Brian Dominick, Siniša Dugonjić, Peter Edelmann, bruce erickson, Jackie Esmonde, Sara Falconer, Craig Fortier, Jeff Garnand, Jennifer Gleitman, Todd Gordon, Harjap Grewal, Andrej Grubačić, Ted Gusek, Yasi Haerizadeh, Daragh Hayes, Lisa Jean Helps, Leah Henderson, Caitlin Henry, Mandy Hiscocks, Devin Hoff, David Hugill, Alana Kibbe, Jerome Klassen, Clarice Kuhling, Cale Layton, Mike Leitold, Rick Lines, Tom Malleson, Tullia Marcolongo, David Martinez, the Mayday Collective, Jamie McCallum, Tyler McCreary, Jean McDonald, Daniel McGowan, Heather McLean, David McNally, Lauren Melodia, Moira Meltzer-Cohen, Cindy Milstein, Zoran Minderović, Faisal Moola, Marko Muir, Dave Munro, Shannonbrooke Murphy, Ryan Newell, Davie Parsons, Spencer Rangitsch, Noah Ross, Paul Schedlich, Brian Sharpe, Tess Sheldon, Alexis Shotwell, David Shulman, Niiti Simmonds, Marina Sitrin, Matt Spurlock, Shawn-Patrick Stensil, Brett Story, Dan Tennery-Spalding, Kevin Thomas, Mark Thomas, Élise Thorburn, Sara Vance, Vanjam (Tamara Herman, Susi Porter-Bopp, Emil, Cleo, and Pika), Bojana Videkanić, John Viola, Levi Waldron, Harsha Walia, Craig Wattie, Chris Westcott, Ryan White, Olivia Wilkins, AJ Withers, Eddie Yuen, Rafeef Ziadah, Jason Ziedenberg, and Ivan Zlatić: thank you for your emotional, intellectual, and/or material support, for your solidarity and friendship, and for your principled examples of how to be in this world. Thank you to my parents for their unconditional love and support: Miriana Ceric and Joe Barth (and my feline sister Sally) and Peter and Agnes Kantardziski. This is sort of like a grandchild, right? Beyond those I interviewed for and/or cited in this dissertation, I also want to recognize the countless movement lawyers, activists, defendants, and organizations who made the work I wrote about possible. I would never have started, never mind finished, this research were it not for: the Law Union of Ontario (especially Paul Copeland, Bob Kellermann, Howard Morton, and Peter Rosenthal), the members (past, present, and future) of the Common Front Legal Collective and Movement Defence Committee, the lawyers I have been fortunate enough to work for (especially Marlys Edwardh, Mara Greene, Clayton Ruby, and Andras Schreck), Mary Gellatly and others at Parkdale Community Legal Services, the Law Union of BC, my fellow board members of the Stop Kinder Morgan Legal Defence Fund, and most recently, the Community Justice Collective. I taught full-time while writing most of this dissertation and my crew at Kwantlen Polytechnic University made doing that possible. Thank you, Mike Larsen, Dan Lett, Tara Lyons, Mike Ma, Eryk Martin, and Greg Simmons for being amazing colleagues, scholars, teachers, and friends. Your support also paved the way for my successful application to the KPU Educational Leave Fund. I am grateful to have been a recipient of the SSHRC Canada Graduate Scholarship and a member of CUPE 3903 during my time at Osgoode. iv Music has always been a defining force in my life and my writing soundtrack included a lot of: Baroness, Big Thief, Dirty Three, The Ex, Explosions in the Sky, Fugazi, God Is an Astronaut, Godspeed You! Black Emperor, Iron Chic, IDLES, Leatherface, Long Distance Calling, The Messthetics, Mogwai, Neurosis, Nomeansno, Pelican, Robyn, Russian Circles, RVIVR, Screaming Females, Sleep, Son Volt, Sumac, This Will Destroy You, Sharon Van Etten, and War on Women. This dissertation was researched and written in three cities I call home: Belgrade, Toronto (Treaty Lands and Territory of the Mississaugas
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