Law 2101 Lecture Notes - Lecture 4: Equal Protection Clause, Hate Speech, Commercial Speech
3 May 2018
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Tuesday, October 17, 2017
Charter of Rights and Freedoms Equality & Expression
Rights Review!
-Protection of individual rights and freedoms (Civil rights)!
-Humans rights as: inherent, universal, interrelated, interdependent, indivisible!
-What does charter protect?!
•S.2 — FIndemental Freedoms!
•s. 3-5 Democratic rights!
•s. 6 - Mobility rights!
•S. 7-14 Legal Rights (Insert s.7-14 here)!
•s. 15 Equality — Know this one especially
Section 15: Equality!
-15(1) Every individual is equal before and under the law and has the right to equal
protection and equal benefit of the law without discrimination based on race,
national or ethnic origin, colour, religion, sex, age or mental or physical disability!
•Across the spectrum equality should arise !
•Critical: These show that you may not need protection or benefits but if you do,
you don’t get discriminated!
•Equality provision: you have equality from specific discrimination!
-15(2) S15(1) does not preclude any law, program or activity that has as its objective
the amelioration of conditions of disadvantaged individuals or groups including
those that are disadvantaged because of race, national or ethnic origin, colour,
religion, sex, age or mental or physical disability!
-ameliorate
•measures were taken to ameliorate the situation: improve,!
-Some laws have the purpose of benefiting a disadvantaged group!
-Sometimes we make efforts to address the disadvantaged by making programs to
ameliorate the disadvantage!
$1
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Tuesday, October 17, 2017
-15(1)!
•Discrimination often refers to differential treatment based inperticular grounds!
-Can be direct: We will not hire Women!
-Can be indirect: Might appear to be neutral but has disproportionate negative
impact on relations (adverse effect)!
•Forest Fire case: Women on crew where a standard of fitness was installed.
Being able to run a certain distance under a certain time.!
•Government had no good reason, arbitrarily introduced a standard, court said!
•Case was about installing standard that has no discrimination directly but will
disadvantage a group in the same. Should be treated same but shouldn’t be
precluded from something!
•Another example is being fired from a job for not being able to lift certain
weight!
•Landlords may indirectly discriminate tenants !
-Indirect can have “cloak of legitimacy” !
•May appear to have a legitimate reason!
-Reflect on Withler case!
•In short, when there is a merit claim (certain licence or degrees required isn’t
necessarily discrimination)!
-15(2) Enables government to pro-actively combat discrimination (Amelioration)!
•Read Kapp (Aborigional Fishing rights)!
-Non-aborigionals said that it wasn’t fair that we cant fish, aboriginal getting
special rights. Court said no. They are trying to help disadvantaged group!
-1. Program has an ameliorative or remedial purpose!
-2. Program targets a disadvantaged group identified by enumerated or
analogous ground!
-15(1) enumerated grounds: race, national or ethnic origin, colour, religion, sex, age or
mental or physical disability!
•It says in particular and that suggests there is more than what is listed. Could only
be most important listed. This is why we have analogous grounds from.!
-“ A personal characteristic that is immutable or changeable only at unacceptable
cost to personal identity” Either cant be changed or changed with high cost to
yourself!
$2
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find more resources at oneclass.com
Document Summary
Charter of rights and freedoms equality & expression. Protection of individual rights and freedoms (civil rights) Humans rights as: inherent, universal, interrelated, interdependent, indivisible. What does charter protect: s. 2 findemental freedoms, s. 3-5 democratic rights, s. 6 - mobility rights, s. 7-14 legal rights (insert s. 7-14 here, s. 15 equality know this one especially. Ameliorate: measures were taken to ameliorate the situation: improve, Some laws have the purpose of bene ting a disadvantaged group. Sometimes we make e orts to address the disadvantaged by making programs to ameliorate the disadvantage. 15(1: discrimination often refers to di erential treatment based inperticular grounds. Can be direct: we will not hire women. Can be indirect: might appear to be neutral but has disproportionate negative impact on relations (adverse e ect: forest fire case: women on crew where a standard of tness was installed.
