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Lecture 18

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Political Science
Greg Flynn

February 27. 2013: Andrews and the Law Society of B.C. It is okay for government to treat us differently as long as its not discriminatory: 1. Does the provision draw a distinction between the claimant and the others based on a person’s characteristics 2. Does the characteristic impose a burden or obligation on individual or withhold or limit a benefit 3. Is the differential treatment based on a characteristic on enumerated or analogous grounds. After Andrews case, lower courts wrestled with section 15 test. Clarification of discrimination: essential human dignity rife in courts until 2000. Symes v. Canada – Women and childcare Law v. Canada: Canada pension plan, husband passes away at age 50, no children. Did not provide survivors pension.At age 45, entitled to this. Law could pay her own pay only being 30. Must known whether the law draws a distinction based on personal characterisitics. R v. Klapp 15C2) : Enhanced aboriginal involvement in local fisheris. Fraser river 24 hour permitted here before anyone else. Giving them a head s
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