Law 2101 Lecture Notes - Lecture 9: Equal Protection Clause, Hate Speech
8 Mar 2018
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Document Summary
7-14 -- legal rights: 15 -- equality rights. 15(1) everyone equal before/under the law, has right to equal protection and benefit of law w/o discrimination: based on race, national/ethnic origin, colour, religion, sex, age, mental/physical disabilities. Direct discrimination -- e. g. not hiring specific types of people. E. g. case of firefighters against women, had to prove that their standards were legitimate, not discriminatory (unsuccessful) Indirect discrimination can have "cloak if legitimacy" -- sometimes hard to spot the wrongdoing. Aboriginal fishing rights -- argued under s. 15 that aboriginals had more rights than others. Ruled not discrimination -- gov"t claimed they addressed a disadvantaged aboriginal group. 15(1: enumerated grounds -- race, national/ethnic origin, colour, religion, sex, age, disability, analogous - "in particular" -- there could be more than just these, some issues such as what counts as religion, current sex/gender issues. Section 2(b): expression: everyone has the following fundamental freedoms, freedom of thought, belief, opinion/expression, including of the press.
