Reinvigorating Section 27: An Intersectional Approach

摘要: It is in contemplating how equality can be most fully understood and reinvigorated parts of the Canadian Charter Rights Freedoms other than s. 15 that this paper written. In several recent controversies Canada, claims by minority groups for recognition their diverse deep commitments to cultural/religious specificity have produced reaction multiculturalism has gone too far, it threatens core values society. This construction rights, necessarily opposition values, creates a false opposition; one many argued permits demonizing group typically seeking equality, while simultaneously uncritically putting on pedestal law policies continue perpetuate inequality article, I argue protection rights as articulated section 27 Charter’s provision need not equality. Rather, should inform all through an intersectional analysis more readily captures lived realities individuals, women particular. Part II outline theory behind intersectionality demonstrate way which interests were taken into account opponents proponents faith-based family arbitration debate Ontario. III, provide brief description been used date, explain perils comprehending culture merely absence IV, potential 27. suggest ought utilized regularly interpretive gives additional meaning interpretation bring lens any analysis. The may assist mediating middle ground when interconnected mutually enforcing oppressions are balance. Finally V, briefly example might current case, polygamy, using