[Download] "Recent Developments in the Interpretation of Charter S.15(1) (Human Rights Law)" by LawNow # eBook PDF Kindle ePub Free
eBook details
- Title: Recent Developments in the Interpretation of Charter S.15(1) (Human Rights Law)
- Author : LawNow
- Release Date : January 01, 2009
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 62 KB
Description
Since the time that Canadian Charter of Rights and Freedoms (Charter) s. 15(1) cases started appearing before the courts, its interpretation has challenged the courts and sometimes divided them. "Discrimination" and "equality" are not defined in the Charter. Thus, when interpreting Charter s. 15(1), we must look to the courts for guidance. Charters. 15(1) reads: "Every individual is equal before and under the law and has the right to the equal protection and equal benefit of the law without discrimination and, in particular, without discrimination based on race, national or ethnic origin, colour, religion, sex, age or mental or physical disability." The Supreme Court of Canada (SCC) first ruled on s. 15(1) in the 1989 case of Andrews v. Law Society of British Columbia. The SCC stated that: "discrimination may be described as a distinction, whether intentional or not but based on grounds relating to personal characteristics of the individual or group, which has the effect of imposing burdens, obligations or disadvantages on such individual or group not imposed upon others, or which withholds or limits access to opportunities, benefits and advantages available to other members of society. Distinctions based on personal characteristics attributed to an individual solely on the basis of association with a group will rarely escape the charge of discrimination, while those based on an individual's merits and capacities will rarely be so classed."