5 Aboriginal Women Unmasked: Using Equality Litigation to Advance Women’s Rights

Chapters in this book

1. Front Matter i
2. Contents vii
3. Preface ix
4. Introduction 1
5. Reading Gosselin
6. Reality Checks: Presuming Innocence and Proving Guilt in Charter Welfare Cases 23
7. But It’s for Your Own Good 40
8. Social Rights and “Common Sense”: Gosselin through a Media Lens 57
9. Social Citizenship and the State
10. Claiming Adjudicative Space: Social Rights, Equality, and Citizenship 77
11. Aboriginal Women Unmasked: Using Equality Litigation to Advance Women’s Rights 96
12. Welfare Reform and the Re-Making of the Model Citizen 119
13. The “Made in Québec” Act to Combat Poverty and Social Exclusion: The Complex Relationship between Poverty and Human Rights 139
14. Accounting for Rights and Money in the Canadian Social Union 162
15. Social Citizenship and International Contexts
16. Collective Economic Rights and International Trade Agreements: In the Vacuum of Post-National Capital Control 183
17. Minding the Gap: Human Rights Commitments and Compliance 201
18. Enforcing Social and Economic Rights at the Domestic Level: A Proposal 221
19. Litigating Socio-Economic Rights in South Africa: How Far Will the Courts Go? 240
20. Legal Theory after Gosselin
21. Taking Competence Seriously 263
22. Dignity, Equality, and Second Generation Rights 281
23. The Charter as an Impediment to Welfare Rollbacks: A Meditation on “Justice as Fairness” as a “Bedrock Value” of the Canadian Democratic Project 297
24. Legal Activism Revived
25. Why Rights Now? Law and Desperation 317
26. The Challenge of Litigating the Rights of Poor People: The Right to Legal Aid as a Test Case 337
27. The Subversion of Human Rights by Governments in Canada 355
28. Contributors 373
29. Index 377