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- Keyword
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- Canada; Charter of Rights and Freedoms; Section 15; Equality Rights (1)
- Olympic Games; sex discrimination; Canadian Charter of Rights and Freedoms; section 15; ski jumping; women athletes; sport discrimination (1)
- Religion; Sexual orientation; Constitutional law; Citizenship; Canadian Charter of Rights and Freedoms (1)
Articles 1 - 3 of 3
Full-Text Articles in Law
Religion-Based Claims For Impinging On Queer Citizenship, Bruce Macdougall, Donn Short
Religion-Based Claims For Impinging On Queer Citizenship, Bruce Macdougall, Donn Short
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Competing claims for legal protection based on religion and on sexual orientation have arisen fairly frequently in Canada in the past decade or so. The authors place such competitions into five categories based on the nature of who is making the claim and who is impacted, the site of the competition, and the extent to which the usual legal and constitutional norms applicable are affected. Three of the five categories identified involve a claim that a religion operate in some form in the public area so as to impinge on the usual protection of equality on the basis of sexual …
Unequal To The Task: ‘Kapp’Ing The Substantive Potential Of Section 15, Margot Young
Unequal To The Task: ‘Kapp’Ing The Substantive Potential Of Section 15, Margot Young
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This paper reviews the Supreme Court of Canada’s interpretation of s. 15 as a guarantee of substantive equality focusing on R. v. Kapp, a recent key section 15 case, as seen in perspective of Andrews v. Law Society of British Columbia (1989). R. v. Kapp (2008) brings together a dense complex of issues involving equality, affirmative action, race and Aboriginal rights. This paper takes on only a piece of this tangle – focusing on three issues that speak to the Court’s continuing failure to engage fully with the promise of Andrews’ rejection of a formal equality framework for section 15. …
The Ioc Made Me Do It: Women's Ski Jumping, Vanoc And The 2010 Winter Olympics, Margot Young
The Ioc Made Me Do It: Women's Ski Jumping, Vanoc And The 2010 Winter Olympics, Margot Young
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This case comment discusses the judicial decisions in Sagen v. VANOC regarding the constitutional challenge brought by women ski jumpers to their exclusion from the 2010 Vancouver Winter Olympics. While the claimants argued that the constitutional equality provision (section 15 of the Canadian Charter of Rights and Freedoms) had been infringed, the BC courts' decisions focussed on the novelty of the state action problem. At least one level of court accepted that the exclusion was discriminatory but the challenge failed because the decision to exclude lay within the power of the International Olympic Committee, an entity beyond the ambit of …