LEEL 369 Lecture Notes - Lecture 21: Reserve Clause, Marie Deschamps
4 Aug 2019
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Document Summary
Focus on s. 10 of the qc charter, provision on discrimination. Double step: identify the existing right (10(1)), then show the effect of the practice on that right (10(2)). Ground in this case (finite list in the qc charter): language, skin colour, ethnic and national origin (intersectional analysis). No, because the fact that they were deported before the end of their contract does not mean that they would have been kept anyway after the end of the contract. To say that, he looked at whether workers were usually coming back, and at whether the visa requirements would have been there. Ultimately, they win, but the remedy is meaningless. Labour relations framework: we"ve referred to it as a whole new regime. But is does exist within a larger framework: Human rights law (charters, constitutional law): litigation on the normativity of laws, plus also on who should apply those laws.
