CRIM 335 Lecture Notes - Lecture 9: R V Drybones, Permanent Residency In Canada, British Subject
14 Nov 2018
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Crim 335 - lecture 9 - equality and discrimination. Several cases have attempted to delineate scope of equality guarantees since these provisions came into force. Charter attempts to employ approach though s. 15(2), which permits affirmative action on part of gov. Gender equality appears to have been given special status in constitution by virtue of s. 28, which guarantees gender equality in provision of various rights & freedoms found throughout charter. Enumerated grounds - classifications upon which people have been historically subjected to adverse treatment. Equality cases have had long & interesting history in law governing civil liberties. In canada, case of r v drybones reflected bold assertion of equality rights for aboriginals that was not to last. Subsequent equality case law under bill failed to live up to hope of drybones. Would take adoption of charter to signify reassertion of importance of right to equality in canadian society.
