POLSCI 3NN6 Lecture Notes - Vancouver General Hospital, Affirmative Action, Geoffrey Blainey

11 views3 pages
Started on: 3/21/14 4:53 PM
Angie © McMaster University
Winter 2014
1
CLASS NOTES FOR: POLI SCI 3NN6
McMaster University, Winter 2014
MONDAY, MARCH 17, 2014
SECTION 15 - EQUALITY
1. SECTION 15(1) AND 15(2)
Equality before and under law and equal protection and benefit of law
15. (1) Every individual is equal before and under the law and has the right to the equal protection and
equal benefit of the law without discrimination and, in particular, without discrimination based on race,
national or ethnic origin, color, religion, sex, age or mental or physical disability.
--- Prevents the Gov’t from discriminating against individuals
Affirmative action programs
(2) Subsection (1) does not preclude any law, program or activity that has as its object the amelioration of
conditions of disadvantaged individuals or groups including those that are disadvantaged because of race,
national or ethnic origin, color, religion, sex, age or mental or physical disability.
--- Where it is designed to alleviate conditions of disadvantage
2. WHO CAN CLAIM BENEFIT
a. Individual
- Does not include a corporation, except to the extent that they can argue NEGATIVE rights.
- Corporation cannot say “We are being discriminated against” but if it can demonstrate that a
law discriminates against individuals, etc.
3. LIMITATIONS OF EQUALITY
a. Section 33 and Section 1
- Subject to section 33,
- Subject to section 1, if Gov’t can demonstrate that its efforts are justifiable in a free and
democratic society, then they can infringe.
- Do not have an absolute right to equality in Canada because of Section 1 and 33.
b. Section 15(1) – meaning of “law”
- Are there inherent limitations? Does the reference explicitly for equality before and under the law
narrow the interpretation and application of section 15
- Proper approach is to apply section 15 to ALL gov’t action, not just laws but activity.
Eldridge v. BC
- Deaf woman who required medical treatment, the Charter applied to the
Vancouver general hospital because delivering things that were gov’t in nature.
- “Translation services”
- Public entity determining where its budget goes.
Vriend V. Alberta
- Individual in question who was employed by a college, who was dismissed by
his homosexual nature
Unlock document

This preview shows page 1 of the document.
Unlock all 3 pages and 3 million more documents.

Already have an account? Log in

Get access

Grade+
$10 USD/m
Billed $120 USD annually
Homework Help
Class Notes
Textbook Notes
40 Verified Answers
Study Guides
1 Booster Class
Class+
$8 USD/m
Billed $96 USD annually
Homework Help
Class Notes
Textbook Notes
30 Verified Answers
Study Guides
1 Booster Class