POLS 3140 Lecture Notes - Lecture 16: Section 15 Of The Canadian Charter Of Rights And Freedoms

• School: University of Guelph
• Department: Political Science
• Course: POLS 3140
• Professor: Dave Snow

Document Summary

Lecture 16 repairing a fractured court: equality, human dignity, and law. Nancy law, 30, husband died at 50. Cpp: denies benefit to surviving spouses if able-bodied, childless, and younger than 45. Law challenged s. 15(1) violation based on age. Goal of law: to unite the court: bateman: achieved unanimity at the expense of clarity, by kapp (2008), law test proven to be a failed experiment. Scc says just adding guidelines to the andrews test (confusing) The summary summarized: purpose and contextual approach, keep the andrews test principles, court should also make 3 broad inquiries. Context matters, and court must examine four factors. Purpose of s. 15 prevents: violation of essential human dignity and freedom through disadvantage, stereotyping, prejudice, and to promote a society in which all persons are capable and equality deserving of concern, respect, and consideration. First two similar to first two steps of andrews test.