PHL271H1 Lecture 10: 10.The Supreme Court of Canada and Constitutional Equality Rights
Document Summary
It is direct discrimination when someone is deliberately excluded or treated as inferior because of some trait of theirs. There are other instances that are less overt. Much of the discrimination that occurs today is indirect. Once you have a broader list of discriminations, the questions about what it is and why it is unfair arise. It is hard to explain why one should avoid having disadvantageous effects on people. There are lots of answers which could be given as to why discrimination is unfair to the claimant. Private-sector discrimination law is subject to private organizations" laws. The charter lays out rights that each person holds against the government and government agents. Section 15 (1) protects af rmative action, insofar as it describes that af rmative action cases cannot be considered discriminatory. It allows discrimination if, for example, the government cannot pay/recompense the people whom it discriminated against (see newfoundland 1990 case about equal pay).
