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Full-Text Articles in Law

Pay Equity: A Fundamental Human Right, Margot Young Sep 2002

Pay Equity: A Fundamental Human Right, Margot Young

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This paper undertakes the limited task of determining what interpretive consequences, if any, might flow from the removal of federal pay equity provisions from their current location in the Canadian Human Rights Act and placement of such provisions in their own stand-alone legislation. Part of the interpretive stance courts currently bring to their consideration of the federal pay equity provisions reflects the placement of these provisions within federal human rights legislation. Courts have held that human rights legislation has a special nature or quasi-constitutional status. This status results from the fundamental character of the values the legislation expresses and the …


Recognizing Or Disregarding Close Personal Relationships Among Adults? The Report Of The Law Commission Of Canada And The Federal Income Tax, David G. Duff Jan 2002

Recognizing Or Disregarding Close Personal Relationships Among Adults? The Report Of The Law Commission Of Canada And The Federal Income Tax, David G. Duff

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Beyond Conjugality, the Report of the Law Commission of Canada on close personal relationships among adults, reviews a number of federal statutes in which legal consequences turn on specific kinds of relationships among adults, and it proposes a new methodology for assessing existing or proposed legal rules that employ relational terms in order to accomplish their objectives. This comment on the Report addresses its most significant recommendations regarding personal income taxation and income support in Canada: that the tax credit for spouses and common law partners should be repealed and that the GST credit should be fully individualized. Questioning both …