Equality Rights

Abstract

This chapter provides an overview of equality rights under s. 15 of the Canadian Charter of Rights and Freedoms, including notes and questions to guide reflection on trends and tensions in the jurisprudence. First, the chapter excerpts the text of s. 15 and notes that s. 28 is an additional—though underutilized—equality provision in the Charter. Second, the chapter considers key concepts underlying s. 15, including equality, discrimination, and the justification of infringement under s. 1, with reference to the Court's first s. 15 decision in Andrews. Third, the chapter explores adverse effects discrimination, with excerpts from distinct settings of social hierarchy analyzed by the Court, "e.g., disability (Eldridge), sexuality (Vriend), gender (Fraser), and race/Indigeneity (Sharma)." Fourth, the chapter discusses analogous grounds of discrimination and the Court's leading decision on such grounds (Corbiere). Lastly, the chapter outlines affirmative action under s. 15(2) of the Charter, with reference to the Court's leading decision in Kapp.

Keywords: Constitutional Law, Equality Rights, Anti-Discrimination, Affirmative Action, Substantive Equality