Overview

Calls for the provision of group rights are a common part of politics in Canada. Many liberal theorists consider identity claims a necessary condition of equality, but do these claims do more harm than good? To answer this question, Caroline Dick engages in a critical analysis of liberal identity-driven theories and their application in cases such as Sawridge Band v. Canada, which sets a First Nation's right to self-determination against indigenous women's right to equality. She contrasts Charles Taylor's theory of identity recognition, Will Kymlicka's cultural theory of minority rights, and Avigail Eisenberg's theory of identity-related interests with an alternative rights framework that account for both group and in-group differences. Dick concludes that the problem is not the concept of identity itself but the way in which prevailing conceptions of identity and group rights obscure intragroup differences. Instead, she proposes a politics of intragroup difference that has the power to transform rights discourse in Canada.

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9780774820639

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Reviews

The Perils of Identity lays out various philosophical treatments of identity, addresses their limitations, and then offers a means for judges to address group claims. The scholarship is very sound and the author is at the top of her game. Dick's book will be read widely by political theorists and legal scholars, as well as feminist scholars and those studying Aboriginal-state relations. ? Christa Scholtz, author of Negotiating Claims: The Emergence of Indigenous Land Claim Negotiation Policies in Australia, Canada, New Zealand, and the United States Well-written and accessible, The Perils of Identity significantly advances the debate around multiculturalism and group rights, some of the most pressing issues of our time. I would assign it to students interested in Aboriginal politics, but also as a reading for courses on equality rights, constitutionalism, or politics/identity. ? Byron Sheldrick, author of Perils and Possibilities: Social Activism and the Law

Well-written and accessible, The Perils of Identity significantly advances the debate around multiculturalism and group rights, some of the most pressing issues of our time. I would assign it to students interested in Aboriginal politics, but also as a reading for courses on equality rights, constitutionalism, or politics/identity.<br> - Byron Sheldrick, author of Perils and Possibilities: Social Activism and the Law

The Perils of Identity lays out various philosophical treatments of identity, addresses their limitations, and then offers a means for judges to address group claims. The scholarship is very sound and the author is at the top of her game. Dick's book will be read widely by political theorists and legal scholars, as well as feminist scholars and those studying Aboriginal-state relations. ? Christa Scholtz, author of Negotiating Claims: The Emergence of Indigenous Land Claim Negotiation Policies in Australia, Canada, New Zealand, and the United States Well-written and accessible, The Perils of Identity significantly advances the debate around multiculturalism and group rights, some of the most pressing issues of our time. I would assign it to students interested in Aboriginal politics, but also as a reading for courses on equality rights, constitutionalism, or politics/identity. ? Byron Sheldrick, author of Perils and Possibilities: Social Activism and the Law Well-written and accessible, The Perils of Identity significantly advances the debate around multiculturalism and group rights, some of the most pressing issues of our time. I would assign it to students interested in Aboriginal politics, but also as a reading for courses on equality rights, constitutionalism, or politics/identity. - Byron Sheldrick, author of Perils and Possibilities: Social Activism and the Law

Author Information

Caroline Dick is an assistant professor in the Department of Political Science at the University of Western Ontario. 

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