PUB2 101D1 Lecture Notes - Lecture 14: Michel Bastarache, Affirmative Action, Couleur

• School: McGill University
• Department: Public Law 2
• Course: PUB2 101D1
• Professor: Mark Walters

Document Summary

Equality: the framework of s. 15: acceptable and not unacceptable differential treatment, enumerated and analogous grounds, what is the difference between differential treatment and discrimination, evolution of the jurisprudence andrews, law, kapp. Section 15 prohibits discrimintaion on the basis of race, national or ethnic origin, colour, religion, sex, age or mental or physical disability. But the language of s. 15 makes clear that these are only examples. Section 15 prohibits all discrimination and, in particular, without discrimination based on the enumerated grounds. Analogous grounds describe personal characteristics that are either immutable (characteristics that people cannot change) or constructively immutable (characteristics that are changeable only at unacceptable cost to personal identity). Non-citizenship (andrews) & martital status (miron v. trudel) & sexual orientation (egan) Aboriginal residence on or off reserve (corbiere) In case of divorce" of a common law couple is essentially subject to the provincial laws. As a result, this determines how much money children will get.