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.
