The Significance of Entrenchment of Equality Rights

Abstract

Not until April 17, 1985 did Canada's Constitution officially embrace guarantees of equality. The three-year delay in the coming into force of section 15 of the Canadian Charter of Rights and Freedoms compared to the rest of the Charter was a clear acknowledgement that equality was not a pre-existing condition at the time of entrenchment of the Charter in 1982. After 17 years of experience with entrenched equality rights, it can unequivocally be said that entrenchment has brought progress toward equality. Yet it must also be said that significant barriers to the attainment of full legal equality remain. This article will explain the basis upon which I draw these conclusions.

Keywords: equality, Constitution, Canadian Charter of Rights and Freedoms, section 15, entrenchment