[DOWNLOAD] "Time to Regroup: Rethinking Section 15 of the Charter (Canada)" by McGill Law Journal # eBook PDF Kindle ePub Free
eBook details
- Title: Time to Regroup: Rethinking Section 15 of the Charter (Canada)
- Author : McGill Law Journal
- Release Date : January 01, 2003
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 292 KB
Description
In this article, the author advocates a group-based approach to analysis under section 15 of the Canadian Charter of Rights and Freedoms. Such an approach was fast presented by L'Heureux-Dube J. in Egan v. Canada. There, L'Heureux-Dube J. argued that the emphasis on enumerated and analogous grounds in equality jurisprudence detracts from a more "effects" or "impact"-based assessment of discrimination. L'Heureux-Dube J. relinquished her position in the later Supreme Court of Canada decision of Law v. Canada (Minister of Employment and Immigration), where the unanimous Court retained the requirement that differential treatment be based on one of the enumerated or analogous grounds in section 15. The Law decision, which at the time represented a compromise to different approaches to section 15, has badly fractured in recent equality decisions (Lavoie v. Canada and Gosselin v. Quebec (A.G.)).