Why doesn't Canada have the same battles over affirmative action?

Simple: the Charter says that its Equal Protection provision "does not preclude any law, program or activity that has as its object the amelioration of conditions of disadvantaged individuals or groups including those that are disadvantaged because of race, national or ethnic origin, colour, religion, sex, age or mental or physical disability."

It's litigated around the margins, but the basic premise of AA is firmly entrenched.

I'll be the first to admit that a movement to constitutionally enshrine affirmative-action protections in the U.S. in this era is, to put it mildly, an extremely long shot.

But sitting around and hoping that the Supreme Court will one day swing back to a majority that might reinstate these protections isn't much of a plan.

And worse, it gives us the luxury to imagine we need do nothing but wait for time to fix all problems.

It doesn't work like that.

So: Maybe we can emulate Canada's model. Or maybe we can't. But if not, what's the plan?