Second is the increasing tendency to define discrimination not as the act of differential treatment arising out of some form of mis- taken categorical thinking but as the effect of a non- discriminatory behaviour on one of the protected groups, a devel- opment reflecting the current emphasis on the achievement of equality of group results rather than mere formal equality of 10 Preface opportunity [...] Technology is the peculiarly modern unification of making and knowing in which knowledge is oriented not to con- templation of what is, including permanent tensions or dilem- mas, but to the overcoming of the "is" in the name of the humanly willed "ought."16 In the physical realm this requires understanding the forces of nature in order to be able to control them. [...] In addition to expanding the number and kinds of prohibited grounds of discrimination, the rhetoric of individual treatment is a major factor in the shift of power from the private sphere to undemocratic public institutions. [...] Other milestones in this history were the adoption of comprehensive human rights codes in all thirteen Canadian jurisdictions, the establishment of human rights commissions to administer them, and the enactment of quasi-constitutional bills of rights at the fed- eral level and in three of the provinces. [...] Both statutes incorporated the criminal-law model of regulation: discrimination was made an offence subject to penalties such as fines or impris- onment, and enforcement was left to the traditional machinery of the police and the courts.2 In the 1950s the volume of anti-discrimination legislation increased steadily, with most of the provinces entering the field.
Authors
- Bibliography, etc. Note
- Includes bibliographical references
- Control Number Identifier
- CaOOCEL
- Dewey Decimal Classification Number
- 323.4/0971
- Dewey Decimal Edition Number
- 19
- General Note
- Issued as part of the desLibris books collection
- Geographic Area Code
- n-cn---
- ISBN
- 9780773573550 0886290880
- LCCN
- KE4395
- LCCN Item number
- K564 1989eb
- Modifying agency
- CaBNVSL
- Original cataloging agency
- CaBNVSL
- Physical Description | Extent
- 1 electronic text (233 p.)
- Published in
- Canada
- Publisher or Distributor Number
- CaOOCEL
- Rights
- Access restricted to authorized users and institutions
- System Control Number
- (CaBNVSL)jme00326340 (OCoLC)243570068 (CaOOCEL)401013
- System Details Note
- Mode of access: World Wide Web
- Transcribing agency
- CaBNVSL
Table of Contents
- TABLE OF CONTENTS 8
- PREFACE 10
- I. INTRODUCTION 18
- Liberal Democracy vs. Guardian Democracy 18
- Individual Treatment and the Proliferation of Protected Groups 25
- Equal Results and the Decline of Action 28
- II. POLICY DEVELOPMENT 36
- Human Rights Legislation 37
- Section 15 of the Charter 42
- Systemic Discrimination and Human Rights Legislation 46
- Systemic Discrimination and the Charter 57
- Affirmative Action 60
- III. THE PROTECTED GROUPS 72
- What is a Minority? 72
- Minorities, Groups and Aggregations 75
- Three Kinds of Protected Groups 76
- Overlapping Groups 84
- Political Dynamics 87
- IV. INDIVIDUAL TREATMENT 94
- The Paradox of Individualism 96
- Knowledge and Decisions 99
- Strategies for Promoting Individual Treatment 107
- The Limits to Individual Treatment 111
- Individual Treatment and Secondary Review 116
- Rationalism and Depersonalization 118
- V. EQUALITY AND DIFFERENCE 124
- Three Kinds of Conformity 126
- The Accommodationist Reaction 128
- Religion 129
- Culture 132
- Sex 134
- VI. SYSTEMIC DISCRIMINATION 146
- Systemic Barriers and Direct Discrimination 146
- Systemic Barriers and Equal Results 158
- Systemic Discrimination and Guardian Democracy 166
- Guardian Democracy and Constitutional Equality Rights 168
- VII. AFFIRMATIVE ACTION 184
- The Reconstruction of Merit 185
- Animism and Inequality 192
- Constructivism and Societal Discrimination 198
- Affirmative Action as Social Technology 205
- VIII. CONCLUSION 212
- Animism and Behaviourism 213
- Human Rights and Social Technology 214
- APPENDIX: A Comment on Andrews v. Law Society of British Columbia 220
- INDEX 228
- A 228
- B 229
- C 229
- D 230
- E 230
- F 231
- G 231
- H 231
- I 231
- J 232
- K 232
- L 232
- M 232
- O 232
- P 233
- R 233
- S 233
- T 234
- V 234
- W 234
