Mary Ellen Turpel, "Aboriginal Peoples and the Canadian Charter: Interpretive Monopolies, Cultural Differences,"
1. What is Turpel's primary critique of the Charter?
2. What is the role of a legislative preamble? What is problematic about the preamble to the Charter?
3. Turpel advocates a cultural differences analysis. Razack critiques a cultural differences approach. Where does the disagreement between these two authors lie and where are they in line with each other?
4. What does Turpel mean when she discusses the perception of cultural difference as an imperative and how is that distinct from seeing it as a gap in knowledge (p.13)? What is the impact of such a distinction?
5. What is Turpel's critique of the rights paradigm? And what is its significance with respect to the Charter?
6. Are there any possible routes out of the situation Turpel presents?