Sexual Minority Rights

Question 1

Section 32 of the Charter

Answer 1

• government is subject to charter rights

- matters with authority: can only fault us for what we’ve said, not what we haven’t said (omission, inaction)

Question 2

Section 33 of the Charter

Answer 2

Notwithstanding Clause

• rarely used, get out of jail free- must admit
• allows violation of charter rights (only section 2, 7 and 15)

Question 3

Interveners

Answer 3

Can join at appeal court or higher, must apply and can be denied
-rely on external funding, lawyers working probono

Question 4

Factums

Answer 4

-documents submitted by interventions, can affect precedent set and social effect

Question 5

LEAF

Answer 5

• founded by original advocates of s. 15 and 28.
• goal: to guide courts in application of s.15 as it relates to women’s equality
• about substantive equality, not “equal before the law”
• became intersectional in 1990s- prior to this didn’t understand multiple oppressions

Question 6

Canada v. Mossop

Answer 6

Brian Mossop denied bereavement leave for partner’s fathers funeral- “not family”
-claimed family status discrimination under human rights code- won original trial but lost at upper levels

Question 7

Vriend

Answer 7

Asked to resign after employer adopted policy against homosexual lifestyle, fired, Alberta human rights says yes legal discrimination, Individual rights protection act says not a protected ground. Majority says not about what they don’t do

Question 8

Vriend: LEAF intervenor, 2 aims

Answer 8

Spotlight on lesbian women, not the “just like everyone else approach”
2 aims:
- need for sexual orientation as a distinct, protected ground.
- need for open equality rights instead of a list of groups (get rid of enumerated grounds, doesn’t deal with intersections- lesbians shouldn’t have to choose if their discrimination is sex or sexuality based