What's Law Good For? An Empirical Overview of Charter Equality Rights Decisions
(2004) 24 Supreme Court Law Review (2d) 103
34 Pages Posted: 7 Dec 2010 Last revised: 14 Jun 2017
Date Written: June 1, 2004
The authors review court rulings in cases involving alleged violations of the equality rights in s.15 of the Canadian Charter of Rights and Freedoms. They find that the success rate of s.15 claimants has been consistently and significantly lower than the success rate of Charter claimants generally. Turning to the Supreme Court of Canada's rulings in equality rights cases, they argue that the Court's stated commitment to substantive equality is not manifest in its rulings. They close by recommending changes to the jurisprudence aimed at ensuring that the promotion of substantive equality is consistently treated as the primary goal of Canadian equality jurisprudence.
Keywords: Equality rights, formal equality, substantive equality, Canadian Charter of Rights and Freedoms
Suggested Citation: Suggested Citation