Rights, Nationalism and Social Movements in Canadian Constitutional Politics

Bakan, Joel; Smith, Michael D.

doi:10.1177/096466399500400303

Cited by 5 publications

(3 citation statements)

References 22 publications

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“…There is much to be resolved in terms of what sovereignty would look like or how a transition towards meaningful participation could happen (Provart, ). The Charlottetown Accord of 1990 was the first instance in which this issue was brought to the conscience of the nation through referendum, in which Canadians voted against First Nations self‐governance (Bakan and Smith, ).…”

Section: Indigenous Participation In Land and Resource Governance In mentioning

confidence: 99%

Leveling the Playing Field: Fostering Collaborative Governance Towards On‐Going Reconciliation

Zurba

2013

Env Pol Gov

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This paper looks at the potential for collaborative governance for land and resources to become a form of on‐going reconciliation in societies transitioning from past oppression and on‐going social injustice. Structural violence in the form of capacity disparities and policy configuration are explored in order to frame the discussion. Canada and South Africa are presented as two countries that have been going through different experiences in terms of transition, but have had similar experiences in regards to a need to foster new ways of working towards more equitable forms of governance. Here, much like reconciliation, governance is presented as a process, which under the right conditions can lead to relationship building and mutually desirable outcomes. This process creates a platform for establishing common ground, as well as the potential to negotiate solutions to structural violence. Copyright © 2013 John Wiley & Sons, Ltd and ERP Environment.

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Section: Indigenous Participation In Land and Resource Governance In mentioning

confidence: 99%

Leveling the Playing Field: Fostering Collaborative Governance Towards On‐Going Reconciliation

Zurba

2013

Env Pol Gov

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“…It has a capacity to mobilise social movements, affirm marginalised identities and attract support for progressive goals in the wider community. 120 Homosexuals have been denied all of this. There are, of course, some who argue that engaging in a rights discourse is incompatible with a broader strategy of social change, that, in the context of racial discrimination, extending rights, although perhaps energising political struggle or producing apparent victories in the short run, is ultimately legitimating the very racial inequality and oppression that such extension purports to remedy.…”

Section: Discussionmentioning

confidence: 99%

8 Some are More Equal than Others: the Decision of the Court of Justice inGrantv.South-West Trains

Barnard¹

1998

Cambridge Yearbook of European Legal Studies

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InPv.Sthe Court of Justice sent out a strong message that it was keen to protect the rights of minorities. Ruling that the Equal Treatment Directive 76/207 applies to the gender reassignment of the person concerned, the Court gave protection to P, a male to female transsexual. To justify its decision the Court said “[to] tolerate such discrimination [against transsexuals] would be tantamount, as regards such a person, to a failure to respect the dignity and freedom to which he or she is entitled, and which the Court has a duty to safeguard”. Its genuine commitment to safeguarding such rights was put to the test inGrant, when faced by the claim of a lesbian for concessionary rail travel for her partner under Article 141 (Article 119) EC on equal pay.

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“…(Moffatt, 2001, p. 1) Thus, for this equal marriage litigant, the argument harkens back to that of the gay liberationists; seeking rights is not about assimilation and replication but rather a means to destabilize and subvert institutions that perpetuate and elevate heteronormativity. "Homophobic prejudice, like sexism and racism, unjustly distorts the idea of human rights applicable to both private and public life" (Richards, 1998, p. 347), and the equal rights debate is uniquely positioned to mobilize a marginalized population and draw attention to the broader systemic experiences of prejudice and discrimination (Bakan & Smith, 1995). Thus, the value of the Charter and equal rights litigation may not reside so much in its measurable outcomes but rather in its ability to mobilize and empower marginalized groups and offer them symbolic strength (Herman, 1993;Marx, 1996).…”

Section: Equal Marriage As Counter-hegemonic Actmentioning

confidence: 98%

A Theoretically Critical Gaze on the Canadian Equal Marriage Debate: Breaking the Binaries

Onishenko

Caragata

2010

Journal of Gay & Lesbian Social Services

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Many competing and contradictory ideologies and theoretical perspectives have converged and diverged to influence and shape a complex and disparate LGBTQ cultural identity. Indeed, LGBTQ organizing around equality rights issues, particularly marriage, incurs a critique from inside "the movement" that is as heated and rancorous as that of the external debate. The visibility of gays and lesbians has increased dramatically during the equal marriage debate as those marrying have been both publicly vilified and hailed as heroes. The implications of same-sex marriage for the LGBTQ community are significant as its members face changing social roles. Moreover, as these couples chart new ground, they are without the signposts that surround heterosexual couples. The goal of this paper is to explore, from a critical theoretical lens, how we understand the nature and possibility of same-sex marriage and deconstruct the binaries associated with it.

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Rights, Nationalism and Social Movements in Canadian Constitutional Politics

Cited by 5 publications

References 22 publications

Leveling the Playing Field: Fostering Collaborative Governance Towards On‐Going Reconciliation

Leveling the Playing Field: Fostering Collaborative Governance Towards On‐Going Reconciliation

8 Some are More Equal than Others: the Decision of the Court of Justice inGrantv.South-West Trains

A Theoretically Critical Gaze on the Canadian Equal Marriage Debate: Breaking the Binaries

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