Equality and the Charter Flashcards
The Bill of Rights (1960)
- human rights legislation
- meant to limit what kind of law the government could pass
- still exists today but was superseded by the charter
Real problem
how to make “difference” a part of equality/equity
R. v. Drybones
- most successful rights claim under bill of rights
- intoxication off reserve-yes discrimination
- however did not bow to”parliamentary supremacy” and only removed one part of act
Canada v. Lavell
Challenged s. 12(b) of Indian act- women and children lose Indian status if married to white man (erasure tactic)
- SCC disagreed, all treated “equally”, no right to meddle in legislation
Black letter law
Written in the books, but not enforced (zombie legislation)
Charter
- supreme law of Canada
- only applies to government action
- human rights codes fill the gaps
Enforcement 24(1)
- avoids “parliamentary supremacy” issue- greater power to judges
- ensures protection of rights for all, but only as useful as judiciary members
Equality (15)
- before and under
- equal protection and benefit
- enumerated grounds
- promotes equality (less reactionary than bill of rights)
Multicultural heritage (27)
more than just english and french
Equality of male and female (28)
-to avoid argument of “cultural right” to sexual inequality
drawbacks:
-makes sexual equality seem more important
-rarely used
Section 1
Reasonable limits clause
Section 2
Fundamental freedoms (ex. R. v. Butler- topless dancing, charged with obscenity, sexual equality more important)
Section 11 (d)
presumed innocent until proven guilty
-R. v. Seaboyer rape shield law declared unconstitutional- now okay to use evidence of complainant’s sexual history
Section 7
Life, liberty and security of person
- R. v. Morgentaler- abortion
Andrews v. Law Society of British Columbia
British citizen unable to practice law in Canada- section 15 discrimination on basis of citizenship
- won, about treating likes alike