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Intersectionality: Understanding Overlapping Identities and Discrimination

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Discrimination in Canada

Intersectionality is a concept developed by legal scholar Kimberlé Crenshaw in 1989 to address how different forms of discrimination and inequality—such as those based on race, gender, class, sexual orientation, and disability—overlap and interact. It emphasizes that individuals experience discrimination not as isolated instances of oppression but as interconnected experiences of marginalization that shape their overall life chances.

For example, a Black woman might experience sexism differently from a white woman because her race and gender intersect, leading to unique forms of discrimination that cannot be fully understood by examining race or gender alone. Intersectionality seeks to explain how these overlapping identities compound disadvantages in society, law, and policy, necessitating an analysis that considers multiple forms of discrimination simultaneously.

The concept of intersectionality has gained recognition in Canadian human rights and legal discourse, influencing the development of policies and legal decisions aimed at combating systemic discrimination. As part of this evolution, Canada’s legal framework has begun to reflect the importance of addressing how multiple grounds of discrimination—such as race, gender, and class—intersect and reinforce one another.

One such example is the Supreme Court of Canada’s adoption of the principle of substantive equality, which contrasts with formal equality. While formal equality emphasizes treating everyone the same under the law, substantive equality seeks to address the different outcomes that people face due to systemic barriers, including intersecting forms of discrimination.

The Supreme Court has also recognized that equality under the law must be interpreted in a way that accounts for the historical, social, and economic disadvantages faced by certain groups. In Eldridge v. British Columbia (Attorney General), the Court emphasized that equality is not about identical treatment but about equal outcomes, particularly for marginalized groups who have experienced long-standing oppression. Substantive equality is closely aligned with intersectionality in its recognition that addressing systemic inequality requires a nuanced understanding of the lived experiences of individuals who face multiple and overlapping forms of discrimination.

Within Canada’s immigration policies, the experiences of migrant workers often reflect the compounded effects of race, class, and gender-based discrimination. The Seasonal Agricultural Worker Program (SAWP) and caregiver streams are notable examples of how systemic discrimination manifests at the intersection of these identities.

Migrant workers in these programs frequently encounter conditions that result from both their gender and racialized status. For instance, female migrant caregivers often experience downward mobility due to the lack of recognition of their foreign qualifications, as well as limited access to education and employment opportunities in Canada. This downward mobility is further exacerbated by gendered expectations that confine them to lower-waged, caregiving roles. Male agricultural workers from the global South face systemic exploitation, reinforced by racialized assumptions about their suitability for physically demanding, seasonal work.

These examples illustrate that the systemic discrimination within Canada’s immigration system is not confined to any single identity marker. Rather, it is shaped by the intersection of race, gender, class, and migration status, creating unique challenges that require policy responses attentive to these overlapping identities.

The intersectional framework highlights the necessity of addressing systemic discrimination with a more nuanced and multifaceted approach. By understanding that discrimination is not experienced in silos but rather at the intersections of various identities, Canada’s legal and policy frameworks can better address the unique challenges faced by marginalized groups, including racialized and gendered migrant workers. Substantive equality, as embraced by the Supreme Court, serves as a key principle in moving toward this more inclusive and effective approach to combating discrimination and fostering equity in Canadian society.

In sum, the recognition of intersectionality within Canada’s legal and policy frameworks represents an important step toward addressing systemic discrimination. However, much work remains to be done to ensure that these principles translate into meaningful change for all marginalized communities, including migrant workers, who continue to face compounded forms of disadvantage.

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RCMP investigating after three found dead in Lloydminster, Sask.

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LLOYDMINSTER, SASK. – RCMP are investigating the deaths of three people in Lloydminster, Sask.

They said in a news release Thursday that there is no risk to the public.

On Wednesday evening, they said there was a heavy police presence around 50th Street and 47th Avenue as officers investigated an “unfolding incident.”

Mounties have not said how the people died, their ages or their genders.

Multiple media reports from the scene show yellow police tape blocking off a home, as well as an adjacent road and alleyway.

The city of Lloydminster straddles the Alberta-Saskatchewan border.

Mounties said the three people were found on the Saskatchewan side of the city, but that the Alberta RCMP are investigating.

This report by The Canadian Press was first published on Sept. 12, 2024.

Note to readers: This is a corrected story; An earlier version said the three deceased were found on the Alberta side of Lloydminster.

The Canadian Press. All rights reserved.



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Three injured in Kingston, Ont., assault, police negotiating suspect’s surrender

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KINGSTON, Ont. – Police in Kingston, Ont., say three people have been sent to hospital with life-threatening injuries after a violent daytime assault.

Kingston police say officers have surrounded a suspect and were trying to negotiate his surrender as of 1 p.m.

Spokesperson Const. Anthony Colangeli says police received reports that the suspect may have been wielding an edged or blunt weapon, possibly both.

Colangeli says officers were called to the Integrated Care Hub around 10:40 a.m. after a report of a serious assault.

He says the three victims were all assaulted “in the vicinity,” of the drop-in health centre, not inside.

Police have closed Montreal Street between Railway Street and Hickson Avenue.

This report by The Canadian Press was first published Sept. 12, 2024.

The Canadian Press. All rights reserved.



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Government intervention in Air Canada talks a threat to competition: Transat CEO

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Demands for government intervention in Air Canada labour talks could negatively affect airline competition in Canada, the CEO of travel company Transat AT Inc. said.

“The extension of such an extraordinary intervention to Air Canada would be an undeniable competitive advantage to the detriment of other Canadian airlines,” Annick Guérard told analysts on an earnings conference call on Thursday.

“The time and urgency is now. It is time to restore healthy competition in Canada,” she added.

Air Canada has asked the federal government to be ready to intervene and request arbitration as early as this weekend to avoid disruptions.

Comments on the potential Air Canada pilot strike or lock out came as Transat reported third-quarter financial results.

Guérard recalled Transat’s labour negotiations with its flight attendants earlier this year, which the company said it handled without asking for government intervention.

The airline’s 2,100 flight attendants voted 99 per cent in favour of a strike mandate and twice rejected tentative deals before approving a new collective agreement in late February.

As the collective agreement for Air Transat pilots ends in June next year, Guérard anticipates similar pressure to increase overall wages as seen in Air Canada’s negotiations, but reckons it will come out “as a win, win, win deal.”

“The pilots are preparing on their side, we are preparing on our side and we’re confident that we’re going to come up with a reasonable deal,” she told analysts when asked about the upcoming negotiations.

The parent company of Air Transat reported it lost $39.9 million or $1.03 per diluted share in its quarter ended July 31. The result compared with a profit of $57.3 million or $1.49 per diluted share a year earlier.

Revenue totalled $736.2 million, down from $746.3 million in the same quarter last year.

On an adjusted basis, Transat says it lost $1.10 per share in its latest quarter compared with an adjusted profit of $1.10 per share a year earlier.

It attributed reduced revenues to lower airline unit revenues, competition, industry-wide overcapacity and economic uncertainty.

Air Transat is also among the airlines facing challenges related to the recall of Pratt & Whitney turbofan jet engines for inspection and repair.

The recall has so far grounded six aircraft, Guérard said on the call.

“We have agreed to financial compensation for grounded aircraft during the 2023-2024 period,” she said. “Alongside this financial compensation, Pratt & Whitney will provide us with two additional spare engines, which we intend to monetize through a sell and lease back transaction.”

Looking ahead, the CEO said she expects consumer demand to remain somewhat uncertain amid high interest rates.

“We are currently seeing ongoing pricing pressure extending into the winter season,” she added. Air Transat is not planning on adding additional aircraft next year but anticipates stability.

“(2025) for us will be much more stable than 2024 in terms of fleet movements and operation, and this will definitely have a positive effect on cost and customer satisfaction as well,” the CEO told analysts.

“We are more and more moving away from all the disruption that we had to go through early in 2024,” she added.

This report by The Canadian Press was first published Sept. 12, 2024.

Companies in this story: (TSX:TRZ)

The Canadian Press. All rights reserved.



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