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Chosen Discrimination

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

31 Pages Posted: 11 Apr 2011  

Robert Leckey

McGill University - Faculty of Law

Date Written: December 11, 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.

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

JEL Classification: K19, K10

Suggested Citation

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

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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