LAWS 3509 Lecture Notes - Lecture 9: Dignity, Comparator
2 Feb 2017
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Courts discussion: is being a band an enumerated ground, the court moved away from the traditional route, the court decide: Yes, there is differential treatment: rather than deciding weather it was based on analogous grounds, they moved straight to deciding weather it was discrimination. Was it designed for the claimant, however they are being excluded because of an enumerated ground: the correspondence was designed for the aboriginal communities with a. Band status due to their greater need of the correspondence. Canadian employment in the public service: foreign nationals who sought employment within the public service without citizenship were in one way or another, disadvantaged by the application of section 16(4). (similar to andrews case) Four judges found discrimination within reasonable limit on equality. Three judges found discrimination that was not justifiable. First and second inquiry: yes, the law draws a clear distinction between citizens and non-citizens.
