The Significance of Entrenchment of Equality Rights

19 Supreme Court Law Review (2d) 65, 2003

15 Pages Posted: 24 Aug 2012

See all articles by Dianne Pothier

Dianne Pothier

Dalhousie University - Schulich School of Law

Date Written: 2003

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

Suggested Citation

Pothier, Dianne, The Significance of Entrenchment of Equality Rights (2003). 19 Supreme Court Law Review (2d) 65, 2003, Available at SSRN: https://ssrn.com/abstract=2135168

Dianne Pothier (Contact Author)

Dalhousie University - Schulich School of Law ( email )

6061 University Avenue
6061 University Ave
Halifax, Nova Scotia B3H 4H9
Canada

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