LWSO5001 Lecture Notes - Lecture 8: Law Society, Thout, The Monthly
Document Summary
Equality early interpretation, the kapp test 1237-1250, 1268-1277. Andrews v law society of british columbia (1989 scc) Sets out a three-part test requiring: a distinction in treatment, that results in the imposition of a burden or denial of a benefit, on the basis of an expressly prohibited ground or one analogous thereof. Without discrimination based on race, national or ethnic origin, colour, religion, sex, age or mental or physical disability. Andrews brought action for a declaration that the canadian citizenship requirement for admission to the law society of bc violated s. 15 of the charter. Supreme court held unanimously that the citizenship requirement violated s. 15. While mcintyre"s opinion was ultimately the dissent due to a difference in opinion on s. 1, his position is the court"s unanimous position on interpretation of s. 15. Mcintyre j: s. 15 concerned with the application of the law.
