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

See all articles by Bruce Ryder

Bruce Ryder

York University - Osgoode Hall Law School

Emily Lawrence

Paliare Roland Rosenberg Rothstein LLP

Cidalia Faria

affiliation not provided to SSRN

Date Written: June 1, 2004

Abstract

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

Ryder, Bruce and Lawrence, Emily and Faria, Cidalia, What's Law Good For? An Empirical Overview of Charter Equality Rights Decisions (June 1, 2004). (2004) 24 Supreme Court Law Review (2d) 103, Available at SSRN: https://ssrn.com/abstract=1720724

Bruce Ryder (Contact Author)

York University - Osgoode Hall Law School ( email )

4700 Keele Street
Toronto, Ontario M3J 1P3
Canada

Emily Lawrence

Paliare Roland Rosenberg Rothstein LLP ( email )

Toronto, Ontario
Canada

Cidalia Faria

affiliation not provided to SSRN ( email )

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