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Quebec V A And Taypotat: Unpacking The Supreme Court’S Latest Decisions On Section 15 Of The Charter, Alicja Puchta
Quebec V A And Taypotat: Unpacking The Supreme Court’S Latest Decisions On Section 15 Of The Charter, Alicja Puchta
Osgoode Hall Law Journal
The Supreme Court of Canada’s articulation for the test for discrimination under section 15 of the Charter has undergone numerous permutations over the past twenty-five years. The Supreme Court introduced its latest round of changes in its 2013 decision in Québec (Attorney General) v A and its 2015 decision in Kahkewistahaw First Nation v Taypotat. Together, these two decisions clarified that the appropriate approach to section 15 was not one focused strictly on stereotype and prejudice, but rather on all contextual factors that may inform whether an impugned law violates the norm of substantive equality. This paper critically analyzes the …
Discrimination And Its Justification: Coping With Equality Rights Under The Charter, Richard Moon
Discrimination And Its Justification: Coping With Equality Rights Under The Charter, Richard Moon
Osgoode Hall Law Journal
The article examines and appraises conventional methods of interpreting the section 15 equality rights including a comparison of equality rights under the American Constitution. It determines that the most suitable interpretation is one which prohibits "constructive discrimination." Further, the analysis of section 15 finds a built-in limitation - the right against invidious discrimination - making recourse to section 1 unnecessary. But review of constructive discrimination and its justification is constrained by the adjudicative model and the state action doctrine. In the final analysis, the article challenges us to rethink our classic liberal conceptions of equality by looking less at invidious …