LAWS 3509 Lecture 8: Week 8 Lecture
12 Nov 2015
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Discrimination in the law case: adverse affects (indirect): arise when you have a rule that looks neutral (no distinctions made based on personal characteristics) but might have a more severe group define as enumerated or analogous. You can"t assume the law is having an effect without proving that it is. - fire arms offences had minimum mandatory sentence. In toronto the majority of people being arrested for firearms offences were blacks. Connection between the ground and burden of disadvantage (usually statistical evidence). R v. tapartak-- to be a candidate you had to have at least 12 years of education. Tried to use education as an analogous ground. Courts- two things to highlight: provided help on how to look at s15 test. Not all differences can mean inequality but like treatment many times leads to inequality. No evidence that age or living on a reserve effected or impacted in discrimination.
