In this work, I introduce the concept of identity, outline its importance, and argue in
favour of a post-modem conception of identity, underpinned by the principles of
contestation, anti-essentialism and hybridity. This notion of identity, which is supported
by both theoretical and case evidence, is in tension with the practices of the courts, which
are often asked to make determinations that impact identities. The court's conventions
and practices privilege a modernist notion of identity; given these restrictions, how are
post-modern identities, such as the Metis, to be recognized? Using the case ofK v.
Powley, / explore the possibilities and openings for a post-modern concept of identity to
be realized in the courts. While there are conflicts and restrictions, judges, courts and the
law demonstrate sufficient flexibility to allow for post-modern principles to be realized. I
conclude by arguing that the courts should go further in developing a post-modern
conception of identity in their work, and explore the issues and implications of doing so. I
also reflect on the broader question this work presents, namely the role of the law and the
possibilities for change therein. / Arts, Faculty of / Political Science, Department of / Graduate
| Identifer | oai:union.ndltd.org:UBC/oai:circle.library.ubc.ca:2429/15766 |
| Date | 11 1900 |
| Creators | McGregor, Cara |
| Source Sets | University of British Columbia |
| Language | English |
| Detected Language | English |
| Type | Text, Thesis/Dissertation |
| Format | 4012934 bytes, application/pdf |
| Rights | For non-commercial purposes only, such as research, private study and education. Additional conditions apply, see Terms of Use https://open.library.ubc.ca/terms_of_use. |
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