CRIM 335 Lecture Notes - Lecture 5: Unemployment Insurance Act 1920, Reverse Discrimination, Canadian Human Rights Commission
7 Sep 2016
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Early equality jurisprudence reflected a separate but equal doctrine. This formalistic approach to equality allowed racial segregation to continue for many years to come. Korematsu v. united states, 323 us 214 (1944) (ussc) - internment of japanese- Americans during the second world war was not a denial of equality. The circumstances of the war were deemed sufficient to justify race-based differential treatment. Brown v. board of education, 347 us 483 (1954) (ussc) - american courts came to the realization that separate but equal is not equality at all. In that case, the us top court compelled school districts to generate racial parity among schools within each school district, even if that meant busing children from one part of a school district to another. Failure to do so, would result in de facto segregation, with black children being predominantly found in inner urban schools, while white children attended schools in more affluent neighbourhoods.
