Challenging the limits of the grounds of discrimination
Subtitle: towards a flexible, contextual approach.
Published: 2004
Language: eng
Number of pages: 123
Subjects: University of Toronto. -- Faculty of Law -- Dissertations.; Discrimination -- Law and legislation -- Canada.; Equality before the law -- Canada.; Discrimination -- Law and legislation.
Description: While previously the grounds of discrimination presented a barrier to recognizing more complex inequalities, such as those occurring from an intersection of characteristics, I argue that this no longer need be the case. The problem lies not with the grounds themselves, but with the way in which they are interpreted. The grounds tend to be treated rigidly, with their content seen as static and incapable of changing to respond to new situations.I argue that this rigid approach can be avoided through a flexible, contextual approach to the grounds in which the three-stage inquiry of the Law  test is approached holistically, so that each stage is examined contextually. It is only then that we will we be able to identify and examine the social systems that construct and maintain certain individuals and groups in positions of disadvantage, as well as explore the ways in which these systems of disadvantage interlock to create unique experiences of inequality for certain groups.
Notes: Adviser: Denise Reaume.

Thesis (LL.M.)--University of Toronto, 2004.

Electronic version licensed for access by U. of T. users.

Source: Masters Abstracts International, Volume: 43-03, page: 0722.

MICR copy on microfiche (2 microfiches).