Colleen Sheppard
McGill University
Publications 35
#1Colleen Sheppard (McGill University)H-Index: 6
#2Mary Louise Chabot (McGill University)
In two important unanimous judgments, Quebec (Commission des droits de la personne et des droits de la jeunesse) v Bombardier Inc (Bombardier Aerospace Training Centre) and Kahkewistahaw First Nation v Taypotat, the Supreme Court of Canada concluded that there was insufficient evidence of discrimination. Consequently, it dismissed both claims without requiring that the defendants justify the allegedly exclusionary criteria being challenged. While these cases arose in very different factual and l...
#1Colleen SheppardH-Index: 6
1 CitationsSource
#1Colleen Sheppard (McGill University)H-Index: 6
English Abstract: Socio-economic inequality and poverty constitute critical human rights challenges in an increasingly globalized world. Not only do they result in material inequities that affect everyday life; they also undermine psychological and social well-being. In this article, issues of economic injustice and social exclusion are examined through the lens of constitutional rights. It explores three different dimensions of the nexus between economic justice and constitutionalism, including...
1 Citations
#1François Crépeau (McGill University)H-Index: 11
#2Colleen Sheppard (McGill University)H-Index: 6
Introduction to Human Rights & Diverse Societies. Summary and overview of the following chapters.
#1François CrépeauH-Index: 11
#2Colleen SheppardH-Index: 6
Over sixty years after the Universal Declaration of Human Rights, it has been widely observed that human rights resonate differently in various settings. This book addresses the timely and important question of how to understand human rights in a world of increasing diversity. The effects of globalization and the increasing mobility of persons and peoples have further deepened and multiplied the sites of interaction between different cultures, religions and ethnicities. These changes have been a...
One of the greatest challenges of anti-discrimination law is institutionalized inequality. Recognized in law as systemic discrimination, it is embedded in processes, practices, norms, and relationships that reproduce and accentuate inequality. Legal recognition of the phenomenon, though of critical importance, has not led to effective remedies. Retroactive individual remedies are often too little, too late, following years of slow-moving and difficult litigation. Systemic, proactive laws have be...
This article explores a growing emphasis on process issues in the elaboration of constitutional rights and freedoms, focusing on the Canadian Charter of Rights and Freedoms. In a diverse range of contexts, judges are framing constitutional rights and freedoms in terms of the processes and practices they require, rather than in terms of specific constitutionally mandated substantive outcomes. Thus, constitutional rights have been interpreted to require a duty to negotiate, a duty to consult, a du...
4 Citations
#1Rene Provost (McGill University)H-Index: 4
#2Colleen Sheppard (McGill University)H-Index: 6
At first glance, human rights and legal pluralism make strange bedfellows. To begin with, they are not conceptual analogues: the first is normative in its essence, capturing a bundle of rights reflecting the interests most fundamental to any human being; the second is conceptual, offering a model of how to construct legal normativity in a society. There are, beyond this distinct nature, further layers of difference which separate rather than unite notions of human rights and legal pluralism, exp...
2 CitationsSource
#1Colleen Sheppard (McGill University)H-Index: 6
We live in a world characterized by multiple, overlapping and plural legal orders embracing formal and informal legal regimes, customs and practices. Legal protections for equality and protections against discrimination are found in a plurality of legal instruments, including international, regional, national, state and municipal human rights documents and institutional codes of conduct. Moreover, formal equality rights operate in social and cultural contexts that are deeply influenced by the cu...
1 CitationsSource