Abstract

http://ssrn.com/abstract=1807289
 


 



Chosen Discrimination


Robert Leckey


McGill University - Faculty of Law

December 11, 2002

Supreme Court Law Review, Vol. 18, pp. 445-75, 2002

Abstract:     
The paper studies the analogous grounds under section 15 of the Canadian Charter of Rights and Freedoms that most raise the concern that the complainant in equality litigation has made a choice, namely citizenship and marital status. The citizenship example comes from Lavoie v. Canada, a 2002 judgment concerning citizenship preferences in federal public employment. The paper argues that a focus on autonomy and zones of privacy – a sense of matters with which government has no business interfering – works better than the unhelpful dichotomy of things chosen and unchosen.

Number of Pages in PDF File: 31

Keywords: discrimination, equality, choice, citizenship, marital status, Canadian Charter, Lavoie

JEL Classification: K19, K10

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Date posted: April 11, 2011  

Suggested Citation

Leckey, Robert, Chosen Discrimination (December 11, 2002). Supreme Court Law Review, Vol. 18, pp. 445-75, 2002. Available at SSRN: http://ssrn.com/abstract=1807289

Contact Information

Robert Leckey (Contact Author)
McGill University - Faculty of Law ( email )
3644 Peel Street
Montreal H3A 1W9, Quebec
Canada
514-398-4148 (Phone)
514-398-4659 (Fax)
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