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Colour, as a ground of discrimination, is usually equated with or subsumed under the ground of race. We argue that colour does and should have a discrete role in human rights and equality cases because it highlights certain hierarchies and forms of marginalization unaddressed by the ground of race. To support this argument, we first explore the concepts of “race” and “colour” and their relationship to one another, as well as the harms done by discrimination based on colour. Then, after a brief review of the use of race and colour in international and domestic instruments, we examine American anti-discrimination employment cases to learn from that country’s experience with separating the race and colour grounds of discrimination. We then turn to the emerging Canadian jurisprudence recognizing a distinct role for the colour ground and examine the possible consequences of that recognition.
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Joshua Sealy-Harrington, Jonnette Watson Hamilton, 2018 7-1 Canadian Journal of Human Rights 1, 2018 CanLIIDocs 106
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In a new push for ‘lawfare’, pro-Israel groups are weaponizing the courts to silence criticism of Israel
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Critical Conversations in Canadian Public Law is a groundbreaking. open-access collection of peer-reviewed chapters exploring pressing issues at the intersection of public law and critical theory. Contributors examine claims about citizenship, rights. and the role of the state in addressing historic and ongoing injustices. The collection foregrounds critical perspectives such as Indigenous legal orders. critical race theory, feminisms. queer theory, and disability theory, offering an interdisciplinary and contextual understanding of public law. By bridging traditional l egal scholarship and critical approaches. Critical Conversations in Canadian Public Law reimagines public law as a discipline responsive to the diverse realities and urgent demands shaping Canada's legal and social landscape today.
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The introductory chapter to Critical Conversations in Canadian Public Law situates the book "in the midst of some of the most significant social, economic, and political struggles of the past decade", from the COVID-19 pandemic to the Gaza genocide. The introduction describes how the book "seeks to reflect and ignite critical conversations about the centrality of public law and its institutions, broadly defined and deeply contested, to the (re)production of current inequities." It outlines two ways in which the collection is "critical": first, the critical legal methods employed by the contributors (e.g., acknowledging law's political operation, understanding law's relationship with power, and looking beyond descriptive accounts of law to consider its materiality and normativity); and second, "in terms of the importance, urgency, and necessity of deepening our understandings of the relationship between public law and contemporary inequities." Finally, the introduction identifies "five cascading themes reflected across the chapters in this collection—and across our varied experiences with the law—that are pivotal to the law's consistent mobilization to reify extant power disparities in society [...] exceptionalism, capitalism, segmentation, incrementalism, and formalism."
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