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TABLE OF CONTENTS

PREFACE

I. INTRODUCTION

Liberal Democracy vs. Guardian Democracy

Individual Treatment and the Proliferation of Protected Groups

Equal Results and the Decline of Action

II. POLICY DEVELOPMENT

Human Rights Legislation

Section 15 of the Charter

Systemic Discrimination and Human Rights Legislation

Systemic Discrimination and the Charter

Affirmative Action

III. THE PROTECTED GROUPS

What is a Minority?

Minorities, Groups and Aggregations

Three Kinds of Protected Groups

Overlapping Groups Political DynamicsIV. INDIVIDUAL TREATMENT

The Paradox of Individualism

Knowledge and Decisions

Strategies for Promoting Individual Treatment

The Limits to Individual Treatment

Individual Treatment and Secondary Review

Rationalism and Depersonalization

V. EQUALITY AND DIFFERENCE

Three Kinds of Conformity

The Accommodationist Reaction

Religion

Culture

Sex

VI. SYSTEMIC DISCRIMINATION

Systemic Barriers and Direct Discrimination

Systemic Barriers and Equal Results

Systemic Discrimination and Guardian Democracy Guardian Democracy and Constitutional Equality RightsVII. AFFIRMATIVE ACTION

The Reconstruction of Merit

Animism and Inequality

Constructivism and Societal Discrimination

Affirmative Action as Social Technology

VIII. CONCLUSION

Animism and Behaviourism

Human Rights and Social Technology

APPENDIX: A Comment on Andrews v. Law Society of British Columbia

INDEX

A

B

C

D

E

F

G

H

I

J

K

L

M

O

P

R

S

T

V

W