5 The Misuse of “Culture” by the Supreme Court of Canada

Chapters in this book

1. Front Matter i
2. Contents v
3. Acknowledgments vii
4. Introduction: New Approaches to Freedom in Canada 1
5. Reconciling Struggles over the Recognition of Minorities: Towards a Dialogical Approach 15
6. Reasoning about Identity: Canada’s Distinctive Culture Test 34
7. The Imperative of “Culture” in a Colonial and de facto Polity 54
8. Culture as a Basic Human Right 78
9. The Misuse of “Culture” by the Supreme Court of Canada 97
10. Gender, Difference, and Anti-Essentialism: Towards a Feminist Response to Cultural Claims in Law 114
11. Interpreting the Identity Claims of Young Children 134
12. Protecting Confessions of Faith and Securing Equality of Treatment for Religious Minorities in Education 153
13. The Irreducibly Religious Content of Freedom of Religion 178
14. Contributors 201
15. Index 203