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Mel Cousins

Equality

Human Rights Law

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Sexual Orientation, Equal Treatment And The Right To Manifest Religion: Lee V Mcarthur, Mel Cousins Nov 2017

Sexual Orientation, Equal Treatment And The Right To Manifest Religion: Lee V Mcarthur, Mel Cousins

Mel Cousins

This note outlines the recent decisions of the Northern Ireland courts in what has become known as the ‘gay cake’ case. The county court ruled that the bakery (Ashers) and its directors had discriminated against Mr. Lee on the grounds of sexual orientation (under the Equality Act (Sexual Orientation) Regulations (Northern Ireland) 2006) and on the grounds of political opinion and/or religious belief (under the Fair Employment and Treatment (Northern Ireland) Order 1998). The court further held that any limit on the manifestation of the defendant’s religious beliefs was necessary in a democratic society and a proportionate means of achieving a …

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Pension ‘Splitting’, Property Rights, Equality And The Canadian Charter Of Rights - Runchey V. Canada (Attorney General), 2013 Fca 16, Mel Cousins Dec 2014

Pension ‘Splitting’, Property Rights, Equality And The Canadian Charter Of Rights - Runchey V. Canada (Attorney General), 2013 Fca 16, Mel Cousins

Mel Cousins

This note discusses the decision of the Federal Court of Appeal in Runchey v. Canada (Attorney General). The case concerned an equality challenge concerning provisions of the Canada Pension Plan (the Plan) under s. 15 of the Canadian Charter of Rights and Fundamental Freedoms. This was dismissed by the Court. However, the main focus of this note is to point out that it is arguable that the main issue raised in the case (i.e. the loss of pension rights by one spouse without any gain to the other) is not a s. 15 equality issue but rather an unjust deprivation …

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