2017
DOI: 10.1515/pof-2017-0025
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Women’s rights and minorities’ rights in Canada. The challenges of intersectionality in Supreme Court jurisprudence

Abstract: After a discussion of the impact of the principle of equality, entrenched in the Charters approved in Canada since the 1867 British North American Act, this essay then focuses on the related Supreme Court's adjudications. A brief analysis of the case-law concerning gender equality is followed by the discussion of cases of Aboriginal and Muslim women with the aim of assessing whether intersectionality represents for these groups of women a source of double discrimination. Brief concluding remarks discuss the ch… Show more

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Cited by 2 publications
(3 citation statements)
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“…However, so-called victories, such as the 1918 Canadian federal decision to allow "women" over the age of 21 to vote, often left out subgroups of the discriminated faction. In the aforementioned example, Asian and Aboriginal women, both classified equally "female" as white women, were not allowed to vote until respectively 1948 and 1960, bringing to attention the effects of intersectionality (Scotti, 2017). It is reasonable to assume that white (usually property-owning) women gained an advantage over women of other racial origins or lower economic status due to racist and classist beliefs, and it can even be argued that white women's progress in gaining the right to vote somewhat hindered others' self-advocacy efforts (Grimshaw and Ellinghaus, 1999).…”
Section: Discussionmentioning
confidence: 99%
“…However, so-called victories, such as the 1918 Canadian federal decision to allow "women" over the age of 21 to vote, often left out subgroups of the discriminated faction. In the aforementioned example, Asian and Aboriginal women, both classified equally "female" as white women, were not allowed to vote until respectively 1948 and 1960, bringing to attention the effects of intersectionality (Scotti, 2017). It is reasonable to assume that white (usually property-owning) women gained an advantage over women of other racial origins or lower economic status due to racist and classist beliefs, and it can even be argued that white women's progress in gaining the right to vote somewhat hindered others' self-advocacy efforts (Grimshaw and Ellinghaus, 1999).…”
Section: Discussionmentioning
confidence: 99%
“…Although experimental research on the in‐the‐moment use of racial color blind strategies has focused primarily on neutral or innocuous contexts (e.g., Guess Who game, Apfelbaum et al., ), in many real‐world instances, claims of racial color blindness occur after racial conflict or misunderstanding (Scotti, ). Therefore, the current research extended prior research by investigating racial color blindness in an ambiguous negative intergroup situation with the potential for intergroup tension.…”
Section: Strategic Racial Color Blindnessmentioning
confidence: 99%
“…Second, in real‐world situations, claims like “I don't see race” often occur in response to circumstances marked by intergroup conflict or disagreement (Scotti, ). Because the use of racial color blindness allows people to believe that they have reduced the chance that others will perceive them as racist (Apfelbaum et al., ; Goff et al., ; Neville et al., ; Somers et al., ), such strategies may be particularly common in contentious situations.…”
Section: Strategic Racial Color Blindnessmentioning
confidence: 99%